Hollister Municipal Code Ch. 1.04 General Provisions

The ordinances embraced in the following chapters and sections shall constitute and be designated the Code of the City of Hollister, California, and may be so cited. Such code may also be cited as the Hollister City Code.

(Prior code § 1-1)

In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

City means the city of Hollister, its boards and commissions, and its officers, employees or agents. The words "the city" or "this city" shall be construed as if followed by the words "of Hollister."

City code(s) means the Hollister Municipal Code, the Hollister Development or Zoning Code, or any other code or ordinance adopted by the city.

The code or this code means the code of the city of Hollister, California.

Code enforcement official or enforcement official means any person designated by the city manager or authorized by law to enforce the provisions of city codes or state law.

Computation of time means the time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

Council means the city council of the city of Hollister.

The county or this county means the county of San Benito.

Day means the period of time between any midnight and the midnight following.

Daytime means the period of time between sunrise and sunset.

Gender, masculine includes the feminine and neuter.

In the city means and includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

Joint authority means all words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month means a calendar month.

Nighttime means the period of time between sunset and sunrise.

Number, singular means the plural and the plural the singular.

Oath means and includes an affirmation.

Officers, departments, boards, commissions and employees means officers, departments, boards, commissions and employees of the city of Hollister, unless the context clearly indicates otherwise.

Official time. Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.

Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

Owner, applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person means any person, firm, partnership, association, organization, or entity of any kind.

Personal property means and includes every species of property, except real property, as defined in this section.

Preceding and following mean next before and next after, respectively.

Process means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property means and includes real and personal property.

Real property means and includes lands, tenements and hereditaments.

Shall, may. "Shall" is mandatory and "may" is permissive.

Signature or subscription means and includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

The state or this state shall be construed to mean the state of California.

Tenant or occupant, applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.

Tenses. The present tense includes the past and future tenses, and the future includes the present.

A week consists of seven consecutive days.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise.

Year means a calendar year, except where otherwise provided.

(Prior code §§ 1-2, 1A-1; Ord. 891, § 1, 1997)

The provisions appearing in this code, so far as they are the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.

(Prior code § 1-3)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

(Prior code § 1-4)

It is declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by a valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code.

(Prior code § 1-5)

The catchlines of the several sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(Prior code § 1-6)