Merced Municipal Code Ch. 1.04 General Provisions

The following words shall be interpreted as follows unless otherwise apparent from the context:

1. "Calendar year" means from January 1st of any given year through December 31st of the sane year.

2. "City" is the City of Merced.

3. "Council" is the city council of this city.

4. "County" is the county of Merced.

5. "Fiscal year" means from July 1st of any given year through June 30th of the following year.

6. "May" is permissive.

7. "Month" means a calendar month, unless otherwise expressed.

8. "Officer," "employee," "office" or "ordinance" means such officer, employee, office, or ordinance of this city, unless otherwise specified.

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

10. "Person" includes any person, firm, company, corporation, partnership, association, any public corporation, political subdivision, city (excepting, however, the City of Merced), county, district, the State of California, or the United States of America, or any department or agency thereof, unless this code expressly provides otherwise.

11. "Personal property" includes money, goods, chattels, things in action, evidences of debt, and every species of property, except real property, as defined in this section.

12. "Property" includes both real and personal property.

13. "Quarterly," when 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.

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

15. "Section" means a section of this code, unless some other source is specifically mentioned. "Subsection" means a subsection of the section in which the term occurs, unless some other section is expressly mentioned.

16. "Shall" is mandatory.

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

18. "State" is the State of California.

19. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this 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.

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

21. "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.

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

23. "Year" means a calendar year.

(Ord. 1302 § 2 (part), 1980: prior code §§ l.10, 1.13, 1.26).

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. 1302 § 2 (part), 1980: prior code § 1.18).

The following grammatical rules shall apply to the ordinances of the city. 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 tenses include the past and the future tenses and vice versa, unless manifestly inapplicable.

(Ord. 1302 § 2 (part), 1980: prior code § 1.19).

Unless the provisions or the context otherwise specify, 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 is objects and to promote justice.

(Ord. 1302 § 2 (part), 1980: prior code § 1.8).

Whenever 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.

(Ord. 1302 § 2 (part), 1980: prior code § 1.12).

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 to 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.

(Ord. 1302 § 2 (part), 1980: prior code § 1.17).

The catchlines of the several sections of, this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(Ord. 1302 § 2 (part), 1980: prior code § 1.24).

Title, chapter, 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 title, chapter, article, or section hereof.

(Ord. 1302 § 2 (part), 1980: prior code § 1.9).

Whenever a notice is required to be given under this code, unless different provisions in this chapter 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 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.

(Ord. 1302 § 2 (part), 1980: prior code § 1.15).

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 18 years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

(Ord. 1302 § 2 (part), 1980: prior code § 1.16).

It is the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of this code are severable, and if any phrase, clause, sentence, paragraph, or section o this code is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shat not affect any of the remaining phrases, clauses sentences, paragraphs, and sections of this code.

(Ord. 1302 § 2 (part), 1980: prior code § 1.23).

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

(Ord. 1302 § 2 (part), 1980: prior code § 1.22).

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.

(Ord. 1302 § 2 (part), 1980: prior code § 1.14).

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 property.

(Ord. 1302 § 2 (part), 1980: prior code § 1.11).

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. 1302 § 2 (part), 1980: prior code § 1.20).

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. 1302 § 2 (part), 1980: prior code § 1.21).