National City Municipal Code Ch. 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 different meaning is specifically defined and more particularly directed to the use of such words or phrases.

A. "City" means the city of National City, California, or the area within the territorial limits of the city of National City, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

B. "Computation of time" means the time within which an act is to be done. It is computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded.

C. "Council" means the city council of National City, California. "All its members" or "all councilmen" means the total number of councilmen provided by the general laws of the state of California.

D. "County" means the county of San Diego, California.

E. "Law" denotes applicable federal law, the constitution and statutes of the state of California, the ordinances of the city of National City, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

F. "May" is permissive.

G. "Month" means a calendar month.

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

I. "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 the words "swear" and "sworn" are equivalent to the words "affirm" and "affirmed."

J. "Or" may be read "and" and "and" may be read "or" if the sense requires it.

K. "Ordinance" means a law of the city, provided that a temporary or special law, administrative action, order or directive may be in the form of a resolution.

L. "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.

M. "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.

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

O. "Preceding" and "following" mean next before and next after, respectively.

P. "Property" includes real and personal property.

Q. "Real property" includes lands, tenements and hereditaments.

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

S. "State" means the state of California.

T. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, 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.

U. "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.

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

W. "Written" includes printed, typewritten, mimeographed or multigraphed.

X. "Year" means a calendar year.

Y. 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.

Z. When an act is required by an ordinance 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. 1360 § 1, 1973)

The following grammatical rules 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. 1360 § 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. 1360 § 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. 1360 § 4, 1973)

Notwithstanding any other provision of this code to the contrary, the words "must" and "shall," when used in this code, are not to be construed as creating a mandatory duty on the part of the city or any officer or employee of the city under Section 815.6 of the California Government Code, nor shall such words impose any civil liability upon the city or any officer or employee of the city.

(Ord. 1854, 1985)

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

(Ord. 1360 § 5, 1973)

The city clerk is directed to publish the full text of an adopted ordinance once, unless he or she determines that it is not cost effective and so notifies the city attorney. The city attorney shall, if feasible, prepare a summary of the ordinance to then be published twice by the city clerk in accordance with Government Code Section 36933(c)(1). However, if the city attorney determines that summarization is not feasible, the city clerk shall, upon notification by the city attorney, then publish a one-quarter page display advertisement twice in accordance with Government Code Section 36933(c)(2).

(Ord. 2153, 1999)