Moraga Municipal Code Ch. 1.04 General Provisions

This code may be cited as the Moraga Municipal Code. It may be so cited in any prosecution for violation of this code. An ordinance amending this code may be designated as an amendment to the Moraga Municipal Code. Every reference to this code or any portion of it applies to this code as now or hereafter amended.

(Prior code § 1-201)

As used in this code:

"County" is the county of Contra Costa.

"Oath" includes affirmation.

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

"Person" includes a natural person, firm, association, organization, partnership, business trust, company, corporation, joint venture, club, or its manager, lessee, agent, servant, officer or employee.

"State" is the state of California.

"Street" includes a highway, avenue, land, alley, court, place, square, curb, and other public ways in the town which are dedicated and open to public use. Street also includes such other public property designated as such by law.

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

"Town" is the town of Moraga.

"Town council" is the town council of the town.

"Town manager" is the appointed official of the town who occupies the position as chief administrative officer of the town.

(Prior code § 1-202)

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

(Prior code § 1-203)

The masculine gender includes the feminine and neuter.

(Prior code § 1-204)

The singular number includes the plural, and the plural, the singular.

(Prior code § 1-205)

"Shall" is mandatory and "may" is permissive.

(Prior code § 1-206)

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

(Prior code § 1-207)

Title, chapter, article and section headings shall not govern, limit, modify or affect the scope, meaning or intent of this code.

(Prior code § 1-208)

This code refers only to the omission or commission of acts within the territorial limits of the town and to that territory outside of the town over which the town has jurisdiction or control by the Constitution, law or ownership or control of property.

(Prior code § 1-209)

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

(Prior code § 1-210)

Where this code grants a power to a public officer or employee or imposes a duty on him or her, the power may be exercised or the duty performed by his or her deputy or employee or by any person authorized by law or ordinance, unless the code specifically provides otherwise.

(Prior code § 1-211)

Where the code requires that notice be given, unless the code specially provides otherwise, notice shall be given in writing and may be delivered either personally or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business or residence address appearing in the public records or in other records of the matter for which notice is given. Notice by mail is considered served at the time of deposit in the United States mail.

(Prior code § 1-212)

If a title, division, chapter, section, subsection, paragraph, sentence, clause or phrase of this code is held invalid or unconstitutional for any reason, that holding does not affect the validity or constitutionality of the remainder of this code. The town council declares that it would have adopted each part of this code irrespective of the validity of any other part.

(Prior code § 1-213)

This code shall not be construed to impose on the town, its officers, employees or agents any greater liability than that required by law. The use of the word "shall" in any provision of this code is not intended to impose upon the town, its officers, employees or agents a mandatory duty of care toward persons or property within the town so as to provide a basis of civil liability for damages. This code specifically preserves all immunities provided under the law to a public entity, its officers, employees and agents.

(Prior code § 1-215)

A. Authority and Purpose.

This section is adopted under Government Code Section 34502 which authorizes the council to adopt an ordinance by a four-fifths vote to change its name. In its incorporation proceedings, the name of the city was designated as the city of the town of Moraga. The town council desires to change this designation from "city of the town of Moraga" to "town of Moraga."

B. Official Name.

The official name of this city is "town of Moraga."

(Prior code §§ 1-701, 1-702)