Chapter 1.04 — 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:

A.

"Board" means the board of supervisors of Mono County;

B.

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

C.

"Law" denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances and resolutions of Mono County, and when appropriate, any and all rules and regulations which may be promulgated thereunder;

D.

"May" is permissive;

E.

"Month" means a calendar month;

F.

"Must" and "Shall." Each is mandatory;

G.

"Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases "swear" and "sworn" are equivalent to "affirm" and "affirmed";

H.

"Or" may be read "and", and "and" may be read "or" if the sense requires it;

I.

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

J.

"Person" means 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;

K.

"Personal property" includes money, goods, chattels, things in action and evidences of debt;

L.

"Preceding" and "following" mean next before and next after, respectively;

M.

"Property" includes real and personal property;

N.

"Real property" includes lands, tenements and hereditaments;

O.

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

P.

"State" means the state of California;

Q.

"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this county 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; except that this definition shall not include any streets, alleys or roads which are within the boundaries of any unincorporated city or town of this county unless specifically included therein;

R.

"Supervisors" or "all its members" means the total number of supervisors provided by the general laws of the state of California;

S.

"Tenant" and "occupant," applied to a building or land, include any person who occupies whole or a part of such building or land, whether alone or with others;

T.

Title of Office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the county;

U.

"Written" includes printed, typewritten, mimeographed or multigraphed;

V.

"Year" means a calendar year;

W.

All words and phrases shall be construed and understood 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;

X.

When an act is required by an ordinance or resolution the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.

(Ord. 73-431 § 1, 1973.)

The following grammatical rules shall apply in this code:

A.

Gender. Any gender includes the other 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;

D.

Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language.

(Ord. 73-431 § 2, 1973.)

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

(Ord. 73-431 § 3, 1973.)

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

(Ord. 73-431 § 4, 1973.)

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

(Ord. 73-431 § 5, 1973.)

It shall be unlawful to violate or fail to comply with any county regulation as defined by Section 1.12.010(B). Each and every day that such a violation occurs or exists is a misdemeanor; except notwithstanding any other sections of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the district attorney or county counsel, be charged and prosecuted as an infraction. A property owner shall be held liable for violations of county regulations occurring on his or her property regardless of who occupies the property or causes the violation. Any person convicted of a misdemeanor under the provisions of this code, unless provision is made within the code specifically, shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by fine only as follows: Upon a

first conviction, by a fine of not exceeding two hundred fifty dollars and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars.

(Ord. 02-03 § 5, 2002.)