Chapter 1.04 — GENERAL PROVISIONS

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Oroville, California," and may be so cited. (Code 1954 § 1.1)

In the construction of the Code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council, or the context clearly requires otherwise:

City. The words "the city" or "this city" shall be construed as if followed by the words "of Oroville."

Code. The words "the Code" or "this Code" shall mean "The Code of the City of Oroville, California."

Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last unless the last day is a holiday, and then it is also excluded.

Council. Whenever the words "council" or "city council" are used, they shall be construed to mean the city council of the City of Oroville.

County. The words "the county" or "this county" shall mean the County of Butte, California.

Day. A day is the period of time between any midnight and the midnight following.

Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

Gender. The masculine gender includes the feminine and neuter.

In the city. The words "in the city" shall mean and include all territory over which the city now has or shall hereafter acquire the jurisdiction for the exercise of its police powers or other regulatory powers.

Joint authority. All words giving a joint authority to 3 or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month. The word "month" shall mean a calendar month.

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

Oath. "Oath" includes affirmation.

Officers, departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Oroville, unless the context clearly indicates otherwise.

Official time. Whenever certain hours are named herein they shall mean Pacific Standard Time or Daylight Saving Time as may be in current use in the city and state.

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

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City of Oroville, CA

GENERAL PROVISIONS

§ 1.04.020

§ 1.04.050

Person. "Person" includes any person, firm, association, organization, partnership, business trust, corporation or company.

Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

Process. "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. The word "property" shall include real and personal property.

Shall, may. "Shall" is mandatory and "may" is permissive.

Signature or subscription by mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when 2 witnesses so sign their own names thereto.

State. The words "the state" or "this state" shall be construed to mean the State of California.

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

Week. A "week" consists of 7 consecutive days.

Writing. "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.

Year. The word "year" shall mean a calendar year except where otherwise provided. (Code 1954 §§ 1.2, 1.6)

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

(Code 1954 § 1.3)

• A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

• B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal for any offense committed under the ordinance repealed.

• (Code 1954 § 1.4)

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the

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City of Oroville, CA

OROVILLE CODE

§ 1.04.050

§ 1.04.060

remaining phrases, clauses, sentences, paragraphs and sections of this Code. (Code 1954 § 1.5)

The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section; nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. (Code 1954 § 1.7)

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City of Oroville, CA

GENERAL PROVISIONS

§ 1.08.010

§ 1.08.010