Chapter 1.04 — GENERAL PROVISIONS

The provisions of this code, insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

(Prior code § 1-102)

The definitions set forth in this chapter shall whenever used in this code be construed as defined in this chapter unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases.

"City" means the city of Orange Cove, California or the area within the territorial city limits of the city of Orange Cove and such territory outside of the city over which the city has jurisdiction or control.

"Council" means the city council of this city.

"County" means the county of Fresno.

"Office" means the use of the title of any officer, employee or any office shall mean such officer, employee or office of this city.

"Person" means any natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, office or employee of any of them.

"Street" shall include 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.

"State" means the state of California.

"Shall" and "must"; each is mandatory.

(Prior code §§ 1-201—1-209)

Neither the adoption of this code nor the compilation, consolidation, revision, restatement or repeal of any ordinance of this city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunto appertaining shall continue in full force and effect.

(Prior code § 1-103)

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

(Prior code § 1-104)

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

(Prior code § 1-106)

This city code, as presented in printed form, shall hereafter be received without further proof in all courts and in all administration tribunals of this state as the ordinances of the city of general and permanent effect.

(Prior code § 1-110)

Any ordinance amending this city code shall set forth the title, chapter and section, number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this city code. All such amendments or revisions by ordinance shall be immediately forwarded to city attorney and the said ordinance material shall be prepared for insertion in its proper place in each copy of this city code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the city code within thirty days from the date of its final passage.

(Prior code § 1-111)

In the determination of the provisions of each section of this code the following rules shall be observed:

A.

Intent to Defraud. Whenever an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud any person.

B.

Liability of Employers and Agents. When the provisions of any section of this code prohibits the commission of an act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting the said person shall be guilty of the offense described and liable to the penalty set forth.

(Prior code § 1-112)