Jackson Municipal Code Ch. 1.04 General Provisions

The following words and phrases whenever used in the ordinances of the City of Jackson, California, mean as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

"City"

means the City of Jackson, California, or the area within the territorial limits of the City of Jackson, California and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

"Computation of time"

means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded.

"Council"

means the city council of the City of Jackson, California. "All its members" or "all councilmembers" means the total number of councilmembers provided by the general laws of the State of California.

"County"

means the county of Amador, California.

"Law"

denotes applicable federal law, the constitution and statutes of the State of California, the ordinances of the City of Jackson, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

"May"

is permissive.

"Month"

means a calendar month.

"Must" and "shall"

are mandatory.

"Oath"

includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

"Or"

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

"Ordinance"

means a law of the city; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.

"Owner,"

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

"Person"

means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

"Personal property"

includes money, goods, chattels, things in action and evidences of debt.

"Preceding" and "following"

mean next before and next after, respectively.

"Property"

includes real and personal property.

"Real property"

includes lands, tenements and hereditaments.

"Sidewalk"

means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

"State"

means the State of California.

"Street"

includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

"Tenant" and "occupant,"

applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others.

Title of Office.

Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city.

"Written"

includes printed, typewritten, mimeographed or multigraphed.

"Year"

means a calendar year.

(Ord. 333 §1, 1973)

The following grammatical rules apply in the ordinances of the City of Jackson, California:

A. Gender. The masculine gender includes the feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and future tenses and vice versa, unless manifestly inapplicable.

D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.

(Ord. 333 §2, 1973)

Whenever in the ordinances of the City of Jackson, any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

(Ord. 333 §3, 1973)

The provisions of the ordinances of the City of Jackson and all proceedings under them are to be construed with a view to affect their objects and to promote justice.

(Ord. 333 §4, 1973)

The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.

(Ord. 333 §5, 1973)

The ordinance codified in this chapter shall take effect on August 1, 1973. The city clerk is directed to publish a copy of the ordinance codified in this chapter fifteen days after its passage in the Amador Dispatch, a newspaper of general circulation published and circulated within the City of Jackson.

(Ord. 333 §6, 1973)

The provisions of this code are not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care towards persons and property within or without the city so as to provide a basis of civil liability for damages except as otherwise imposed by law.

(Ord. 501 §1, 1986)

Any provisions in this code governing the time within which an official is to act shall in all instances, except for notice requirements and as otherwise required by state law, be deemed directory rather than mandatory, unless otherwise specifically stated.

(Ord. 501 §1, 1986)

Section 1094.6 of the California Code of Civil Procedure is adopted. This section provides as follows:

A. A petition for judicial review of any decision of a local agency must be filed not later than the ninetieth day following the date on which that decision becomes final.

B. The local agency will include notice in its administrative decision of the ninety-day period within which judicial review must be sought.

(Ord. 522 §1, 1989)