Chapter 1.04 — INTERPRETATION AND CONSTRUCTION

This code shall be known as the "Palo Alto Municipal Code" and it shall be sufficient to refer to this code as the "Palo Alto Municipal Code" in any prosecution for the violation of any provision thereof. It shall also be sufficient to designate any ordinance adding to, amending or repealing the code, or portions thereof, as an addition or amendment to, or a repeal of, the "Palo Alto Municipal Code," or a portion thereof.

(Ord. 2146 (part), 1963: prior code § 1.01)

Nothing in this code shall be construed to amend or repeal those ordinances of the city which relate to subject matters not dealt with in this code.

(Ord. 2146 (part), 1963: prior code § 1.02)

Neither the adoption of this code nor the repeal hereby of any ordinance of this city shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license fee or penalty due and

unpaid at said effective date under any ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any license fee or penalty or the penal provisions applicable to any violation 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.

(Ord. 2146 (part), 1963: prior code § 1.03)

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

(Ord. 2146 (part), 1963: prior code § 1.04)

(a) 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 a different meaning is specifically defined and more particularly directed to the use of such words or phrases.

(1) "City" means the city of Palo Alto or the area within the territorial city limits of the city of Palo Alto and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional or charter provisions, or any law.

(2) "Council" means the city council of this city.

(3) "Oath" means and includes affirmation.

(4) "Office." The use of the title of any officer, employee, or any office, or ordinance or charter means such officer, employee, office, ordinance or charter of the city of Palo Alto, unless otherwise specifically designated.

(5) "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.

(6) "Shall" and "must." Each is mandatory.

(7) "May" is permissive.

(8) "Street" means and 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.

(9) "Written" means and includes printed, typewritten, mimeographed or multigraphed.

(Ord. 2146 (part), 1963: prior code § 1.08)

(a) The following grammatical rules shall apply in this code.

(1) Gender. Any gender includes the other genders.

(2) Singular and Plural. The singular number includes the plural and the plural includes the singular.

(3) Tenses. Words used in the present tense include the past and the future tenses and vice versa.

(4) Use of Words and Phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language.

(Ord. 2146 (part), 1963: prior code § 1.09)

The provisions of Sections 13 and 1645 of the Civil Code of the State of California are hereby adopted in the interpretation of words and phrases, unless otherwise provided herein.

(Ord. 2146 (part), 1963: prior code § 1.10)

Any petition for writ of administrative mandate under Section 1094.5 of the California Code of Civil Procedure in order to seek judicial review of any final administrative decision of the city of Palo Alto or any of its commissions, boards, officers, or employees shall be filed no later than ninety days after the decision becomes final as defined in Section 1094.6. An administrative decision is a decision subject to review pursuant to Section 1094.5 and either (a) suspending, demoting, or dismissing an officer or employee, (b) revoking or denying an application for a permit, license, or other entitlement, or (c) denying an application for any retirement benefit or allowance. As provided in subsection (d) of Section 1094.6, the time limit for filing a petition for judicial review is extended to thirty days following the date on which the administrative record is personally delivered or mailed to the petitioner or his attorney of record provided that the petitioner has requested preparation of the administrative record of the proceedings on which the decision is based within ten days after the decision became final.

(Ord. 4285 § 1, 1995)

Pursuant to California Code of Civil Procedure § 1094.8(c), and any successor statute or regulation, the permits and entitlements listed in this section are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedure § 1094.8, or any successor statute or regulation.

(a) The permits and entitlements which are regulated by the Palo Alto Municipal Code and subject to expedited review pursuant to this section include the following:

(1) Applications for an adult entertainment establishment license pursuant to Chapter 4.55.

(2) Applications for a newsrack permit pursuant to Chapter 9.79.

(3) Applications for sign permits pursuant to Chapter 16.20.

(4) Applications for permits to use parks or open space lands pursuant toChapter 22.04.

(5) Any other provisions of this code designated by the city council by ordinance or resolution as being subject to expedited judicial review.

(b) Unless otherwise defined with respect to a specific permit or entitlement, "application" shall mean the submission of a complete set of all required forms, plans, and other documents required for review of the request for a permit or other entitlement, as well as full payment of all required fees as specified in this code.

(c) Notwithstanding any other provision of this code, any discretionary requirements imposed as conditions of approval of any application subject to this section, shall be deemed to be conditions subsequent and not conditions precedent to fulfilling the requirements for approval. Nothing contained in this section shall be construed to prohibit the city from imposing reasonable conditions in connection with the issuance of any permit or entitlement subject to this section, for the purpose of protecting the health, safety and welfare of the citizens of Palo Alto, provided that such conditions are imposed as conditions subsequent.

(d) Nothing contained in this section shall be construed to waive or excuse any requirement that a use or activity subject to this section comply with applicable locational and zoning requirements.

(Ord. 4655 § 2, 2000)

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional then the original ordinance or ordinances shall be in full force and effect.

(Prior code § 38.02)

This code shall take effect immediately upon its adoption.

(Prior code § 38.03)