Lancaster Municipal Code Ch. 1.04 General Provisions

Unless the provisions or the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this code. The provisions of this code and all proceedings under it are to be construed with a view to effect its objectives and to promote justice.

(Prior code § 1-3.1)

Article and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any article or section of this code.

(Prior code § 1-3.2)

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 ownership or control of such property.

(Prior code § 1-3.3)

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.

(Prior code § 1-3.4)

Whenever a power is granted to or duty is imposed upon a public officer or employee the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized, pursuant to law or ordinance or by an officer of the county of Los Angeles, or by a deputy or employee of such officer when by contract with the city of Lancaster such officer is obligated and has agreed to perform certain duties on behalf of the city, unless this code expressly provides otherwise.

(Prior code § 1-3.5)

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.

(Prior code § 1-3.6)

Whenever a reference is made to any portion of this code, or to any ordinances of this city, the reference applies to all amendments and additions now or hereafter made unless otherwise specifically indicated.

(Prior code § 1-3.7)

Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

(Prior code § 1-3.8)

Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen (18) years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

(Prior code § 1-3.9)

The present tense includes the past and future tenses, and the future, the present, except that no provisions of this code shall be effective on an ex post facto basis.

(Prior code § 1-3.10)

The masculine gender includes the feminine and neuter.

(Prior code § 1-3.11)

The singular number includes the plural, and the plural, the singular.

(Prior code § 1-3.12)

"Shall" and "must" are mandatory and "may" is permissive.

(Ord. 684 § 1, 1995: prior code § 1-3.13)

As used in this code:

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

"Council" means the city council of the city. "All its members" or "all councilmembers" means the total number of councilmembers holding office.

"County" means the county of Los Angeles.

"Goods" means and includes wares or merchandise.

"Law" denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

"Month" means a calendar month.

"Oath" means and 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."

"Office" means the use of the title of any officer, employee, office or ordinance and shall also mean such officer, employee, office or ordinance of the city of Lancaster.

"Operate" means and includes carry on, keep, conduct or maintain.

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

"Person," as used in this code or in any ordinance or code adopted hereby, means and includes any natural person, firm, association, organization, partnership, business, trust, company, club, joint venture, joint stock company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the city of Lancaster or the manager, lessee, agent, servant, officer or employee of any of them.

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

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

"Property" means and includes real and personal property.

"Real property" means and includes lands, tenements and hereditament.

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

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

"State" means the state of California.

"Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, 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 as designated by any law of this state.

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

"Year" means a calendar year.

(Ord. 684 § 2, 1995: prior code § 1-3.14)

Whenever in any ordinance, statute, or other matter which is adopted by reference, unless the context requires otherwise the following references shall be given the following meanings:

"Board of supervisors" means the city council of the city of Lancaster.

"County" means the city of Lancaster.

"County officer" means the appropriate or designated officer of the city of Lancaster.

"County of Los Angeles" means the city of Lancaster.

"Unincorporated territory" means the incorporated territory of the city of Lancaster.

(Prior code § 1-3.15)

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

(Ord. 684 § 3 (part), 1995: prior code § 1-3.16)

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. When an act is required to be done by the city manager, the same may be performed by the city manager's designee unless otherwise indicated.

(Ord. 684 § 3 (part), 1995: prior code § 1-3.17)

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

(Ord. 684 § 3 (part), 1995: prior code § 1-3.18)

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

(Ord. 684 § 3 (part), 1995: prior code § 1-3.19)