Kingsburg Municipal Code Ch. 1.04 General Provisions and Definitions

Unless the particular provision or the context otherwise requires, the general rules, grammatical interpretations, and definitions set forth in this chapter shall govern the construction of this code, and this code shall be construed with a view to effect its objects and to promote justice.

(Prior code § 12-1000)

This code shall refer only to the omission or commission of acts within the territorial limits of the city, and to that territory outside of the city over which the city has jurisdiction or control by virtue of the Constitution, or any law, or by reason of any ownership or control of property.

(Prior code § 12-1001)

Any reference in this code to any ordinance shall mean an ordinance of this city, and any reference to such an ordinance or to any provision of this code shall mean such ordinance or provision as now or hereafter amended.

(Prior code § 12-1002)

The headings of titles, chapters, articles, and sections shall not necessarily govern, limit, or modify the scope, meaning, or intent of any provision of this code, but may be used as an aid in interpretation.

(Prior code § 12-1003)

"Section" means section of this code, unless some other source is specifically mentioned.

"Subsection" means a subsection of the section in which the term occurs, unless some other section is expressly mentioned.

(Prior code § 12-1005)

Officers, departments, boards, commissions, and employees referred to in this code shall refer to officers, departments, boards, commissions, and employees of the city, unless the context clearly indicates otherwise.

(Prior code § 12-1006)

The power or duty of any officer or employee of the city may be exercised or performed by a deputy of such officer or employee, or by a person otherwise duly authorized pursuant to law, unless otherwise expressly provided.

(Prior code § 12-1007)

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, re-port, 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.

(Prior code § 12-1008)

Whenever any provision of any code herein adopted by reference is contrary to or conflicts with the express provisions of this code pertaining to the same subject matter, the provisions of this code shall prevail over the provisions of such code adopted herein by reference. In the event of any conflict or inconsistency between any sections of this code dealing with the same subject matter, the section containing the more restrictive provisions shall govern.

(Prior code § 12-1009)

If any section, subsection, paragraph, sentence, clause, or phrase of this code, as herein enacted or hereafter amended, is for any reason held to be invalid or unconstitutional by any court, such shall not be construed to affect the validity of the remaining portions of this code, and it is hereby declared that such remaining portions of this code would have been adopted, notwithstanding that any part or portion is thus held to be invalid or unconstitutional.

(Prior code § 12-1010)

A. Grammatical Interpretations.

1. Genders. Any gender includes the other genders.

2. Singular and Plural. The singular number includes the plural, and the plural number includes the singular.

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

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

5. Words and Phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language.

B. Definitions.

"City" means the municipal corporation of the state known as the City of Kingsburg, or the territory within the limits of the city, as required by the context.

"City Hall" means the City Hall building, located at Draper and Marion Streets in the city.

"Code," when unmodified, means the Kingsburg Municipal Code.

"Council" or "city council" means the city council of the city.

"County" means the county of Fresno.

"Goods" includes wares or merchandise.

Motor Vehicles. Whenever any words or phrases used in this code are not defined, but are defined in the Vehicle Code of the State of California, and amendments thereto, such definitions shall apply.

"Oath" means affirmation.

"Operate" means to carry on, keep, conduct, or maintain.

"Owner," applied to a building or land, 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 individual natural person, firm, partnership, joint venture , association, social club, fraternal organization, joint stock company, corporation, trust, business trust, receiver, or trustee, and any municipal, political, or governmental corporation, district, body, or agency, other than the city.

"Personal property" means money, goods, chattels, things in action, and evidences of debt.

"Property" means both real and personal property.

"Quarter" and "quarterly", when used to designate a period of time, mean the first three calendar months of any given year or any succeeding period of three calendar months.

"Real property" includes lands, tenements and hereditaments.

"Sale" includes any sale, exchange, barter, hypothecation, or offer for sale.

"State" means the state of California.

"Street" means all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in the 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 the state.

"Tenant" or "Occupant", applied to a building or land, means any person who occupies the whole or part of such building or land, whether alone or with others.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

"Verification" means a declaration under penalty of perjury.

"Year" and "calendar year" mean January 1 through December 31 of any given year.

"Year, fiscal" means July 1 of any given year through June 30 of the following year.

(Prior code §§ 12-2000—12-2093)