Modesto Municipal Code Ch. 3 Rules of Construction

Unless the provisions of 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 its objects and to promote justice.

The provisions of this Code insofar as they are substantially the same as existing ordinances relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments.

All persons who at the time this Code takes effect hold office under any of the ordinances repealed by this Code, which offices are continued by this Code, continue to hold them according to their former tenure.

Title, chapter, article and section headings contained herein 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.

"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.

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.

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 person otherwise duly authorized pursuant to law or ordinance unless this Code expressly provides otherwise.

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.

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.

Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made in said 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.

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 eighteen (18) years, which shows service in conformity with this Code, or other provision of law applicable to the subject matter concerned.

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.

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

(a) "Property" includes both real and personal property.

(b) "Real property" includes lands, tenements and hereditaments.

(c) "Personal property" includes money, goods, chattels, things in action and evidences of debt.

(d) "Month" means a calendar month, unless otherwise expressed.

(e) "Quarterly," when used to designate a period of time, means the first three (3) calendar months of any given year or any succeeding period of three (3) calendar months.

(f) "Calendar year" means from January first of any given year through December thirty-first of that same year.

(g) "Fiscal year" means from July first of any given year through June thirtieth of the following year.

(h) (Not used.)

(i) "Tenses." The present tense includes the past and future tenses, and the future, the present.

(j) "Gender." The masculine gender includes the feminine and neuter.

(k) "Number." The singular number includes the plural, and the plural, the singular.

(l) "Shall" is mandatory.

(m) "May" is permissive.

(n) "Oath" includes affirmation.

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

(p) "State" is the State of California.

(q) "County" is the County of Stanislaus.

(r) "City" is the City of Modesto.

(s) "Office." 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.

(t) "Council" is the City Council of this City.

(u) "Street" includes all streets, highways, avenues, boulevards, alleys, courts, places, squares, 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.

(v) "Owner," applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or part of such building or land.

(w) "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.

(Amended by Ord. 1725-C.S., § 1, effective 6-6-78)