Mammoth Lakes Municipal Code Ch. 1.04 General Provisions

(a) Generally. As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code:

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

CCR. The term "CCR" means the most recent edition of the California Code of Regulations, as amended.

Code. The term "Code" means the Town of Mammoth Lakes Municipal Code, also known as the Mammoth Lakes Code, as enumerated in Section 1.01.010.

Council. The term "Council" means the Town Council of the Town of Mammoth Lakes.

Councilmember. The term "Councilmember" means a person duly elected to the Town Council.

County. The term "County" means Mono County, California, or the area within the limits of Mono County, and such territory outside Mono County over which the County has jurisdiction or control by virtue of any constitutional or statutory provisions.

Fee schedule. The term "fee schedule" means the consolidated list of Town fees and charges adopted annually by resolution of the Town Council. The schedule is on file in the office of the Town Clerk.

Fiscal year. The term "fiscal year" means from July 1 of any given year through June 30 of the following year.

Gender. Words of gender include all genders.

Goods. The term "goods" means and includes wares and merchandise.

Law. The term "law" denotes applicable Federal law, State law, this Code and other Town ordinances and when appropriate, rules and, regulations which may be promulgated thereunder.

May. The term "may" shall be permissive.

Month. The term "month" means a calendar month, unless otherwise expressed.

Must. The term "must" is mandatory.

Number. The singular term "number" shall include the plural and the plural term "numbers" shall include the singular.

Oath. The term "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."

Official standard time. The term "official standard time" means that, when certain hours are named in this Code, they mean standard time or daylight saving time as may be in current use in the Town.

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

Owner. The term "owner," applied to a building or land, includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land.

Person. The term "person" means and includes any person, joint venture, joint stock company, firm, company, corporation, partnership, association, public corporation, town (except the Town of Mammoth Lakes), Mono County, any district in Mono County, the State of California, or the United States of America, or any department, agency, or political subdivision of the above, club, business, trust, organization, or the employee, manager, officer, agent, lessee, or servant of any thereof, unless this Code expressly provides otherwise.

Personal property. The term "personal property" includes, but is not limited to, money, goods, chattels, things in action, and evidences of debt.

Police, Police Chief, or Chief of Police. The term "Police," "Police Chief," or "Chief of Police" means the agency which performs the appropriate law enforcement function for the Town, and the head of the agency or division thereof which at the time involved has responsibility for performing the police function for or within the Town.

Preceding and following. The terms "preceding" and "following" mean next before and next after, respectively.

Property. The term "property" includes real and personal property.

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

Real property. The term "real property" includes, but is not limited to, land, tenements, and hereditaments.

Sale. The term "sale" includes, but is not limited to, any sale or exchange, barter, or offer for sale.

Section andsubsection. The terms "section" and "subsection" mean a section or subsection of this Code, unless some other source is specifically set forth.

Shall. The term "shall" is mandatory.

State. The term "State" means the State of California.

Street. The term "street" includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, curbs, or other public ways in the Town 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. The term "tenant" or "occupant" applies to a building or land, and shall include, but not be limited to, any person who occupies the whole or a part of such building or land, whether alone or with others.

Tense. The present tense includes the past and future tense, and the future tense includes the present tense.

Town. The term "Town" means the Town of Mammoth Lakes, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

Town Manager. The term "Town Manager" means the appointed official of the Town who occupies the position as Chief Administrative Officer of the Town.

Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means. When any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise.

Written. The term "written" means and includes printed, typewritten, mimeographs, multigraphed, or otherwise reproduced in permanent visible form.

(b) Undefined terms. Words and phrases not defined in this Code are construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in State or Federal law.

(c) Definitions in other Code chapters. Definitions given within a chapter or article other than this chapter apply only to words or phrases used in such chapter or article unless otherwise provided.

(d) Delegation of authority. When a provision appears requiring the head of a department or some other Town officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

(e) Joint authority. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

(f) Reference to offices. Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of the Town exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

(g) Titles of officials. When reference is made to officers, departments, boards, committees, commissions, etc., the same shall be construed as if followed by the words "of the Town of Mammoth Lakes, California," and shall include deputies, assistants and agents if authorized by the law.

(Code 1990, § 1.04.050; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

When a power is granted to, or a 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, unless this Code expressly provides otherwise.

(Code 1990, § 1.04.060; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

When a reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the Town, unless this Code expressly provides otherwise.

(Code 1990, § 1.04.070; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun or run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

(Code 1990, § 1.04.080; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

Not less than one copy of this Code, certified by the Town Clerk, shall be kept on file in the office of the Town Clerk, and a copy as amended made available online, for examination and use by the public. Amendments to the Code shall be noted by ordinance number or appropriate pages of this Code. Complete files of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the Town Clerk for use and examination by the public.

(Code 1990, § 1.04.090; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

(a) The provisions of this Code and all proceedings under it are to be construed to affect its purposes and to promote justice.

(b) All the provisions of this Code and all other Town ordinances shall be interpreted to refer to the appropriate or designated officer or office of the Town, and whether an ordinance, uniform Code, statute, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the Town, or to the person or agency performing the function for the Town.

(Code 1990, § 1.04.100; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions as set forth in the following sections of this chapter shall govern the construction of this Code.

(Code 1990, § 1.04.150; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The Town Council hereby declares that it would have adopted this Code, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

(Code 1990, § 1.04.120; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

This Code shall refer only to the omission or commission of acts within the territorial limits of the Town (i.e., the municipal boundary) and that territory outside of the Town over which the Town has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.

(Code 1990, § 1.04.130; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

All references in this Code to places, acts, persons, or things and all else in relation to this Code shall be construed to mean that the same are applicable to the Town, whether the Town is mentioned in each particular section or not.

(Code 1990, § 1.04.140; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

The violation of, or the failure or omission to perform in accordance with any administrative provision of this Code by any officer or employee of the Town shall generally not be considered a criminal act but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission, or board within the meaning of the civil service ordinances and rules and regulations of the Town.

(Code 1990, § 1.04.160; Ord. No. 18-04, § 1(exh. A), 8-1-2018)

(a) When a notice is required to be given, or may be given, under any provision of this Code or any provision of any Code adopted by reference by this Code or any provision of any ordinance or resolution of the Town not included within this Code, such notice may be given as herein provided. Unless different or special provisions are otherwise specifically made in this Code or in some other applicable enactment, any such notice may be given by:

(1) Personal delivery thereof to the person to be notified;

(2) By deposit in the U.S. mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at that person's last known residence or business address as the same appears in the public records and other records pertaining to the matters to which such notice is directed; or

(3) By electronic mail, if the recipient of the notice has provided an electronic mail address and consented to receive notice by electronic mail.

(b) Service by mail shall be deemed to have been completed at the time of deposit in the post office or in the official receptacle thereof. Service by electronic mail shall be deemed to have been completed when the message is sent.

(c) Proof of giving any notice may be made by the certificate of any officer or employee of the Town or by the affidavit or declaration under penalty of perjury of any person over the age of 18 years, which shows service in conformity with this Code or other provision of law applicable to the subject matter concerned.

(Code 1990, §§ 1.04.170, 1.04.180; Ord. No. 18-04, § 1(exh. A), 8-1-2018)