Lemoore Municipal Code Ch. 3 Rules of Construction

Unless the provisions of the context otherwise specify, the general provisions, rules of construction and definitions set forth in this chapter 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 objects and to promote justice. (1975 Code §0-3.01)

A. Jurisdiction: 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 by virtue of the constitution or any law, or by reason of ownership or control of property. (1975 Code §0-3.06)

B. Tenure Of Existing Officers: All persons who, at the time this code takes effect, hold office under any of the ordinances repealed by this code, which offices are continued by this code, shall continue to hold them according to their former tenure. (1975 Code §0-3.03)

C. Powers Of Deputies: Whenever a power is granted to, or a duty is imposed upon a public officer or employee, the power may be exercised by a deputy 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, unless this code expressly provides otherwise. (1975 Code §0-3.07)

D. Service Of Notices: Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made in this code, 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 address 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. (1975 Code §0-3.10)

Proof of giving any notice may be made by the certificate of any officer or employee of the city or by declaration under penalty of perjury over the age of eighteen (18) years, which declaration shows service in conformity with this code or other provisions of law applicable to the subject matter concerned. (1975 Code §0-3.11)

Whenever any word in any section of this code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto. The present tense shall include the past and future tenses and the future tense shall include the present tense.

The word "ordinance" contained in the ordinances of the city has been changed in the content of this code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not meant to amend passage and effective dates of such original ordinances. (1989 Code)

Whenever any reference is made to an ordinance, the reference shall apply to such ordinance of the city unless specifically provided otherwise. Whenever any reference is made to any portion of this code or to any ordinances of the city, the reference shall apply to all amendments and additions now or hereafter made. (1975 Code §0-3.09)

Whenever the following words or terms are used in this code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:

AGENT: A person acting on behalf of another.

• CALENDAR YEAR: From January 1 through December 31 of any given year.

• CITY: The city of Lemoore.

• CODE: The municipal code of Lemoore, California, and amendments thereto.

• COMMUNITY DEVELOPMENT DEPARTMENT: The community and economic department.

• COMMUNITY DEVELOPMENT DIRECTOR: The city manager or his/her designee.

• COUNCIL: The city council of the city of Lemoore.

• COUNTY: The county of Kings, state of California.

FISCAL YEAR: From July 1 of any given year through June 30 of the following year.

LICENSE: The permission granted for the carrying on of a business, profession or occupation.

MAY: Shall be permissive.

MISDEMEANOR: As defined in state law 1 .

MONTH: A calendar month unless otherwise expressed.

NUISANCE: Anything offensive or obnoxious to the health, welfare and enjoyment of the inhabitants of the city; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.

OATH: Shall include affirmation.

OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.

OFFICE, OFFICER, EMPLOYEE, ORDINANCE: The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance of this city unless otherwise specified.

Whenever reference is made in this code to a city officer or employee by title only, this shall be construed as though followed by the words "of the city of Lemoore".

OPERATOR: The person who is in charge of any operation, business or profession.

OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

PERSON: Shall include any person, firm, company, corporation, partnership, association, any public corporation, political subdivision or city (except the city of Lemoore).

PERSONAL PROPERTY: Shall include money, goods, chattels, effects, rights in action, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

PROPERTY: Shall include both real and personal property.

REAL PROPERTY: Shall include lands, tenements and hereditaments.

RETAIL: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities directly to the consumer.

SECTION, SUBSECTION: "Section" shall mean a section of this code, unless some other source is specifically mentioned; "subsection" shall mean a subsection of the section in which the term occurs, unless some other section is expressly mentioned.

SHALL: Shall be mandatory.

STATE: The state of California.

STREET: Shall 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 this state.

TENANT OR OCCUPANT: Applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.

WHOLESALE: The term "wholesale" as used in this code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.

WRITTEN, IN WRITING: May include printing and any other mode of representing words, numbers, symbols and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark.

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. (1975 Code §§0-3.05, 0-3.08, 0-3.13; amd. 1989 Code; Ord. 2000-03, 3-7-2000; Ord. 2004-4, 9-21-2004)

The headings of the several sections of this code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the headings, are amended or reenacted. (1989 Code)