Mendota Municipal Code Ch. 1.08 General Provisions

The following words and phrases, whenever used in this code, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

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

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

"County" means the county of Fresno.

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

"May" is permissive.

"Month" means a calendar month.

"Must" and "shall" are each mandatory.

"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."

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

"Person" means and includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization 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" means next before and next after, respectively.

"Property" means and includes real and personal property.

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

"Sidewalk" means that portion of private property beginning at the curbline intended for the use of pedestrians, whether that portion of private property is within the public easement or right-of-way or not.

"State" means the state of California.

"Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city which have been or may, after the publication of this code, be dedicated and open to public use, or such other public property so designated in any law of this state.

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

"Written" means and includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.

"Year" means a calendar year.

(Ord. 94-12 § 1 (part), 1994: prior code § 1.03.001)

(Ord. No. 13-02, § 1, 2-12-2013)

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.

(Ord. 94-12 § 1 (part), 1994: prior code § 1.03.002)

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. 94-12 § 1 (part), 1994: prior code § 1.03.003)

The following grammatical rules shall apply in this code, unless it is apparent from the context that a different construction is intended:

A. Gender. Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

(Ord. 94-12 § 1 (part), 1994: prior code § 1.03.004)

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.

(Ord. 94-12 § 1 (part), 1994: prior code § 1.03.005)

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

(Ord. 94-12 § 1 (part), 1994: prior code § 1.03.006)

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. 94-12 § 1 (part), 1994: prior code § 1.03.007)

The provisions of this code and all proceedings under them are to be construed with a view to effect their objects and to promote justice.

(Ord. 94-12 § 1 (part), 1994: prior code § 1.03.008)

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

(Ord. 94-12 § 1 (part), 1994: prior code § 1.03.009)