Chapter 3 — DEFINITIONS

Section

1-3-1 Construction of words

1-3-2 Definitions, general

1-3-3 Catchlines

(A) 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.

(B) 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.

(C) 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.

(Ord. 331, passed 5-19-1997)

For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGENT. A person acting on behalf of another.

CITY. The City of Livingston, County of Merced, State of California.

EMPLOYEES. Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words “of the City of Livingston”.

FEE. A sum of money charged by the city for:

1. The carrying on of a business profession or occupation; or

2. Service or product rendered by the city for or on behalf of fee payor.

INFRACTION. Any crime or public offense which is not a felony or misdemeanor, as defined by state law, and which is not punishable by imprisonment or subject to trial by jury.

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

MISDEMEANOR. Any crime or public offense which is not a felony, as defined by state law, and excepting those offenses that are classified as infractions.

NUISANCE. Anything offensive or obnoxious to the health and welfare 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.

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.

OFFENSE. Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.

OFFICERS. Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words “of the City of Livingston”.

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. Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.

PERSONAL PROPERTY. Includes every description of money, goods, chattels, effects, 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.

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

RIGHT-OF-WAY. The privilege of the immediate use of the roadway or other property.

STREET. Includes alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

TENANT. 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.

WHOLESALER and WHOLESALE DEALER. 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 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 or she is unable to write, by his or her proper mark.

(Ord. 331, passed 5-19-1997)

The catchlines 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 catchlines, are amended or reenacted.

(Ord. 331, passed 5-19-1997)