Oakley Municipal Code Ch. 1.4 Interpretation of Code Provisions

The provisions of this Code shall be construed, and all proceedings under it shall be undertaken, to affect its objects and further its purposes and to promote justice.

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

This Code refers 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 the Constitution, law or ownership or control of property.

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

No action or proceeding begun before this Code takes effect, and no right accrued, is affected by its provisions.

Where they are substantially the same as existing law, the provisions of this Code shall be considered continuations of existing law and shall not be considered new enactments.

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is held unconstitutional or otherwise invalid for any reason by a court of competent jurisdiction, that holding shall not affect the validity or constitutionality of the remainder of this Code. The City Council declares that it would have adopted this Code and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared unconstitutional or invalid.

This Code shall not be construed to impose on the City, 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 City, its officers, employees or agents a mandatory duty of care toward persons or property within the City 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.