Morro Bay Municipal Code Ch. 1.04 General Provisions

Unless the provisions of the context otherwise require, 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.

(Ord. 6 § 1 (part), 1964: prior code § 1300)

The following words and phrases, whenever used in this code, are defined as follows:

A. "City" means the city of Morro Bay.

B. "City clerk" means the city clerk of the city of Morro Bay.

C. "Council" means the city council of the city of Morro Bay.

D. "County" means the county of San Luis Obispo.

E. "Goods" includes wares or merchandise.

F. "Oath" includes affirmation.

G. Office. The use of the title of any officer, employee, office or official means such officer, employee, office or official of the city of Morro Bay.

H. "Operate" includes carry on, keep, conduct or maintain.

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

J. "Person" as used in this code or in any ordinance or code adopted hereby, includes any person, firm, association, organization, partnership, business trust, company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the city of Morro Bay.

K. "Sale" includes any sale, exchange, barter or offer for sale.

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

M. "State" is the state of California.

N. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property as designated in any law of the state.

O. "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.

(Ord. 41 § 1, 1966; Ord. 6 § 1 (part), 1964: prior code §§ 1312 — 1326)

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

B. Gender. The masculine gender includes the feminine and neuter.

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

(Ord. 6 § 1 (part), 1964: prior code §§ 1309, 1310 and 1311)

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 article or section hereof.

(Ord. 6 § 1 (part), 1964: prior code § 1301)

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 the ownership or control or property.

(Ord. 6 § 1 (part), 1964: prior code § 1302)

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

(Ord. 6 § 1 (part), 1964: prior code § 1303)

Whenever a power is granted to or 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 or by an officer of the county of San Luis Obispo, or by a deputy or employee of such officer when by contract with the city of Morro Bay such officer is obligated and has agreed to perform certain duties on behalf of the city, unless this code expressly provides otherwise.

(Ord. 6 § 1 (part), 1964: prior code § 1304)

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.

(Ord. 6 § 1 (part), 1964: prior code § 1305)

Whenever a reference is made to any portion of this code, or to any ordinances of the city, the reference applies to all amendments and additions now or hereafter made.

(Ord. 6 § 1 (part), 1964: prior code § 1306)

Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, 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. 6 § 1 (part), 1964: prior code § 1307)

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

(Ord. 6 § 1 (part), 1964: prior code § 1308)