Laguna Woods Municipal Code Ch. 1.02 Code Established; Definitions and Rules of Interpretation

The ordinances embraced in this and the following chapters shall constitute and be designated the "Laguna Woods, California, Municipal Code" and may be so cited. The Code may also be cited as the "Laguna Woods Municipal Code."

(Ord. No. 99-02, § 1(1.01.002), 3-24-1999)

State Law reference— Codification of Ordinances, Government Code § 50022.1 et seq.

The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise.

(05) Generally.

(1) When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the City Council may be effectuated. The provisions of this Code and all proceedings under it are to be construed to affect its purposes and to promote justice.

(2) Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.

(3) Grammatical errors shall not vitiate, and a transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands.

(4) Scrivener's errors shall be ignored.

(5) Words and phrases not defined in this Code shall be construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in State or federal law.

(10) Calendar year. The term "calendar year" means from January 1 through December 31 of any given year.

(15) C.C.R. References to the California Code of Regulations (sometimes abbreviated as C.C.R.) are to same as amended.

(20) CFR. Citations to the Code of Federal Regulations (sometimes abbreviated as CFR) as to same as amended.

(25) City. The term "City" means the City of Laguna Woods, Orange County, California.

(30) City Council. The terms "City Council" and "Council" mean the City Council of the City of Laguna Woods, California.

(35) City Manager. The term "City Manager" means the appointed Official of the City who occupies the position of Chief Administrative Officer of the City.

(40) Code, ordinances. The term "ordinance" means City ordinance. The term "Code" means the Laguna Woods Municipal Code, as designated in this section. References to the Code are to the Code, as amended. References to ordinances are to ordinances as amended.

(45) Computation of time. 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.

State Law reference— Similar provisions, Government Code § 6800.

(50) Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows:

(1) "And" indicates that all the connected terms, conditions, provisions or events apply.

(2) "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3) "Either … or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

(55) Councilmember. The term "Councilmember" means a person duly elected to the Council.

(60) County. The term "County" means Orange County, California.

(65) Delegation of authority. A provision that authorizes or requires a City officer or City employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

(70) Fiscal year. The fiscal year of the City is the period from July 1 of any given year through June 30 of the following year.

(75) Gender. Words of one gender include all other gender.

(80) Goods. The term "goods" means and includes wares and merchandise.

(85) Health Department. The term "Health Department" means the County Health Department or such other agency performing health services for the County.

(90) Health Officer. The term "Health Officer" means the County Health Officer.

(95) Includes. The term "includes" does not limit a term to a specified example.

(100) Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of all such persons.

State Law reference— Similar provisions, Civil Code § 12.

(105) May. The term "may" is to be construed as being permissive and not mandatory.

State Law reference— Similar provisions, Government Code § 14.

(110) May not. The term "may not" states a prohibition and has a prohibitory effect.

(115) Must. The term "must" is to be construed as being mandatory.

State Law reference— Similar provisions, Government Code § 6804.

(120) Number. Words in the singular include the plural. Words in the plural include the singular.

State Law reference— Similar provisions, Government Code § 13.

(125) Oath. A solemn affirmation is the equivalent to an oath and a person shall be deemed to have sworn if such person makes such an affirmation.

State Law reference— Similar provisions, Government Code § 15.

(130) Officers, departments, etc. References to officers, departments, board, commissions, committees or employees are to City officers, City departments, City boards, City commissions, City committees and City employees.

(135) Official time standard. Wherever certain hours are named in this Code, they shall mean Standard Time or Daylight Saving Time as may be in current use in the City.

(140) Operate. The term "operate" means and includes carrying on, keeping, conducting, or maintaining.

(145) Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

(150) Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

State Law reference— Similar provisions, Government Code § 17.

(155) Personal property. The term "personal property" means any property other than real property.

(160) Police, Sheriff. The terms "Police" "Sheriff" and "County Sheriff" mean the agency which performs the appropriate law enforcement function for the City. "Police Chief," "Chief of Police," or "Chief of Police Services," shall mean the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the City.

(165) Premises. The term "premises," as applied to real property, includes land and structures.

(170) Property. The term "property" includes real property, personal property and mixed property.

(175) Public place. The term "public place" includes any street, sidewalk, park, cemetery, school yard, body or water or watercourse, public conveyance, or any place for the sale of merchandise, public accommodation or amusement.

(180) Quarterly. The term "quarterly," where used to designate a period of time, shall mean the first three calendar months of any given year or succeeding period of three calendar months.

(185) Real property. The term "real property" includes land, tenements and hereditaments.

(190) Sale. The term "sale" includes any sale, exchange, barter, or offer for sale.

(195) Shall. The term "shall" is to be construed as being mandatory.

(200) Sidewalk. The term "sidewalk" means that portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.

(205) Signature or subscription by mark. The term "signature" or "subscription by mark" include a mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his 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.

State Law reference— Similar provisions, Government Code § 16.

(210) State. The term "State" means the State of California.

(215) State Codes. Citations to any of the named California Codes are to such Codes as amended.

(220) Street. The term "street" include all streets, highways, avenues, boulevards, alleys, courts, places, squares, 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.

(225) Tenant or occupant. The terms "tenant" and "occupant," as applied to premises, include any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

(230) Tenses. The present tense includes the past and future tenses. The future tense includes the present tense.

State Law reference— Similar provisions, Government Code § 11.

(235) Week. The term "week" means a period of seven consecutive days.

State Law reference— Similar provisions, Government Code § 680.

(240) U.S.C. Citations to the United States Code (sometimes abbreviated U.S.C.) are to same as amended. Citation to any other federal law is to such law as amended.

(245) Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means.

(250) Year. The term "year" means a calendar year.

(Ord. No. 99-02, §§ 1(1.01.010), (1.01.130), (1.01.150), (1.01.170(a)—(k), (m)—(z), (aa), (ab)), 3-24-1999)

State Law reference— Similar provisions, Government Code § 6803l.

(a) The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor unless expressly so provided shall they be so deemed when any such section, including the catchline, is amended or reenacted.

(b) A history note appearing in parentheses after a section in this Code indicates the legislative history and is not to be considered part of the Code. Cross references and state law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect.

(c) All references to titles, chapters or sections are to titles, chapters or sections of this Code unless stated otherwise.

(Ord. No. 99-02, § 1(1.01.110, 1.01.120), 3-24-1999)

This Code shall refer only to the omission or commission of acts within the territorial limits of the City and 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 ownership or control of property.

(Ord. No. 99-02, § 1(1.01.040), 3-24-1999)

(a) Unless specifically provided otherwise, the repeal of an ordinance does not revive any previously repealed ordinance.

(b) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal.

(Ord. No. 99-02, § 1(1.01.160), 3-24-1999)

(a) All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of the Code and printed for inclusion in the Code. Portions of this Code repealed by subsequent ordinances may be excluded from this Code by omission from reprinted pages affected thereby.

(b) Amendments to provisions of this Code may be made with the following language: "Section (chapter, as appropriate) of the Laguna Woods Municipal Code is hereby amended to read as follows: …."

(c) If a new section, subdivision, or chapter is to be added to the Code, the following language may be used: "Section (chapter, as appropriate) of the Laguna Woods Municipal Code is hereby added to read as follows: …."

(d) All provisions desired to repealed should be repealed specially by section or chapter number, as appropriate, or by setting out the repealed provisions in full in the repealing ordinance.

(a) Supplements to this Code shall be prepared and printed whenever authorized or directed by the City. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of the supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages that have become obsolete or partially obsolete. The new pages shall be so prepared that when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b) In preparing a supplement to this Code, all portions of the Code that have been repealed shall be included from the Code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this Code, the person authorized to prepare the supplement may make formal, nonsubstantive changes in ordinances and parts or ordinances included in the supplement, insofar as necessary to do so in order to embody them into a unified code. For example, the person may:

(1) Arrange the material into appropriate organizational units.

(2) Supply appropriate catchlines, headings and titles for chapters, and sections to be included in the Code and make changes in any such catchlines, headings and titles or in any such catchlines, headings and titles already in the Code.

(3) Assign appropriate numbers to chapters and sections to be added to the Code.

(4) Where necessary to accommodate new material, change existing numbers assigned to titles, chapters or sections.

(5) Change the words "this ordinance" or similar words to "this chapter," "this section" or "sections _____ to _____ (inserting section numbers to indicate the sections of the Code that embody the substantive sections of the ordinance incorporated in the Code)."

(6) Make other nonsubstantive changes necessary to preserve the original meaning of the ordinances inserted in the Code.

(Ord. No. 99-02, § 1(1.01.005), 3-24-1999)

If any portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.

(Ord. No. 99-02, § 1(1.01.030(d)), 3-24-1999)

The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

(a) Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established before the effective date of this Code.

(b) The adoption of this Code does not authorize any use or the continuation of any use of a structure or premises in violation of any City ordinance on the effective date of this Code.

(Ord. No. 99-02, § 1(1.01.020), 3-24-1999)

The Laguna Woods Municipal Code shall consist of all ordinances adopted by the City Council which are of a general and permanent nature. Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or portion of an ordinance listed below. Such ordinances continue in full force and effect to the same extent as if published at length in this Code:

(1) Annexing property into the City.

(2) Deannexing property or excluding property from the City.

(3) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or other instruments of indebtedness.

(4) Authorizing or approving any contract, deed, or agreement.

(5) Making or approving any appropriation or budget.

(6) Calling an election.

(7) Granting any right or franchise or altering or withdrawing same.

(8) Providing for salaries or other employee benefits not codified in this Code.

(9) Adopting or amending the comprehensive plan.

(10) Dedicating, accepting or vacating any plat or subdivision.

(11) Dedicating, establishing, naming, re-establishing, locating, relocating, opening, paving, widening, repairing or vacating any street or road.

(12) Establishing the grade on any street or sidewalk.

(13) Levying or imposing any special assessment.

(14) Providing traffic or parking regulations for specific locations.

(15) Levying real property taxes.

(16) Zoning or rezoning a particular parcel of property or adopting or amending the zoning map or providing interim zoning measures.

(17) That which is temporary, although general in effect.

(18) That which is special, although permanent in effect.

(19) The purpose of which has been accomplished.

(Ord. No. 99-02, § 1(1.01.003(b), (c), (d), (e), (f), (g), (h)), 3-24-1999)