Napa County Municipal Code Art. II Rules of Construction and Interpretation

Unless the context hereof otherwise requires, these general provisions, rules of construction and definitions shall govern the construction of the ordinances of the county adopted by the board of supervisors of Napa County. The provisions of each of the ordinances and proceedings thereunder are to be construed with a view to effect its objects and to promote justice.

(Ord. 907 § 1 (part), 1989: prior code § 100)

The provisions of this code shall be construed so as to give them effect and to avoid unconstitutionality wherever possible. No provision of this code shall be construed as being broad enough to permit or condone any direct or indirect censorship or previous restraint upon any constitutional right or freedom, nor shall it be construed as broad enough to permit any other improper application.

(Ord. 907 § 1 (part), 1989: prior code § 101)

The board recognizes and approves the preferred place given in our scheme of government to the democratic freedoms and liberties secured by the United States Constitution and the California Constitution, and that these liberties and freedoms have a sanctity and sanction not permitting dubious intrusions. The board has a zealous solicitude for rights falling within these constitutional guarantees. It is neither the express nor the implied intent of the board to permit or allow any officials to exercise any discretionary power granted to them by this code so as to directly or indirectly impose a censorship or previous restraint upon these liberties and freedoms.

(Ord. 907 § 1 (part), 1989: prior code § 102)

It is not the intent of the board of supervisors, by the enactment of the Napa County Code, to take private property for public use without payment of just compensation in violation of either the United States or California Constitutions. No provision of this code shall be construed as being broad enough to permit any direct or indirect taking of private property for public use in violation of the intent expressed herein.

(Ord. 907 § 1 (part), 1989: prior code § 103)

It is not the intent of the board of supervisors, in its administrative capacity, to condone or permit the violation of the constitutional rights of any person, nor to condone or permit the taking of private property for public use without payment of just compensation in violation of either the United States or California Constitutions.

(Ord. 907 § 1 (part), 1989: prior code § 104)

If any section, sentence, clause, phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court, such decision shall not affect the validity of the remaining portions of the code. The board of supervisors would have adopted this code and each section, sentence, clause or phrase and portion thereof, irrespective of the fact that any one or more sections, sentences, clauses, phrases or portions be invalid or unconstitutional.

(Ord. 907 § 1 (part), 1989: prior code § 105)

The board has found and declared that Sections 1.04.100 through 1.04.150 of this chapter were intended to restate and clarify existing law in order to thereby facilitate and promote uniform administration of the county's business. The intent of the board in enacting such sections was only to restate, codify and clarify existing law.

(Ord. 907 § 1 (part), 1989: prior code § 106)

References to local, state, or federal codes, statutes, or regulations include successor provisions.

(Ord. No. 1495, § 1, 9-24-2024)