Chapter 1.01 — CITATION, RULES OF CONSTRUCTION AND DEFINITIONS

The ordinances embraced in this and the following chapters and sections shall constitute and be designated the "El Paso de Robles Municipal Code". Such code may also be cited as the "El Paso de Robles City Code," "Paso Robles Municipal Code," and "Code of Ordinances, City of El Paso de Robles," or variants thereof.

(Ord. No. 1059 N.S., § 3, 8-21-2018)

"California Codes" mean any reference to the codified statutes of the state, such as the Government Code or Civil Code, and such references are to such codes as adopted and now or hereafter amended. Any reference to a state law or state act by title is to such law or act as now or hereafter amended.

"City" means the City of El Paso de Robles, California.

"Code, the Code, this Code" mean the Code of Ordinances, City of El Paso de Robles, California."

"City council, council" mean the city council of El Paso de Robles, California.

"County, this County" refer to San Luis Obispo County, California.

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

"Gender." The words "he, his" and similar words importing the masculine gender shall extend and be applied to females, non-binary persons and to firms, partnerships, and corporations as well as to males.

"May" shall be construed as being permissive.

"Month" means calendar month, unless otherwise provided.

"Must" shall be construed as being mandatory.

"Number." The singular number shall include the plural, and the plural includes the singular number.

"Oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the terms "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn."

"Officers, departments, boards, commissions and employees" refers to officers, departments, boards, commissions and employees of the City of El Paso de Robles, California, unless the context clearly indicates otherwise.

"Or, and." The word "or" may be read as "and," and the word "and" may be read as "or" if the context requires it.

"Owner" when applied to buildings or land, shall include any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or part of such building or land or is entitled to possession and/or control of the property.

"Person" includes firms, partnerships, associations, organizations, corporations, and bodies politic, or any combination thereof, as well as to natural persons.

"Signature," "subscription," or "subscription by mark" 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 two witnesses so sign their own names thereto.

"State, the state, this state" refer to the State of California.

"Street" includes all streets, roads, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or designated rights-of-way, and other public ways in the city that 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.

"Week" shall mean seven consecutive days.

"Year" shall mean calendar year, unless otherwise provided.

(Ord. No. 1059 N.S., § 3, 8-21-2018)

In the construction of this code and all ordinances of the city, the rules in this chapter shall be observed unless such construction would be inconsistent with the manifest intent of the city council, or the context clearly requires otherwise.

In the enforcement and application of this code and all other city ordinances, such code and ordinances shall be construed, read, applied, harmonized, and reconciled so as to constitute, in effect, a single enactment. All remedies and penalties therein set forth shall be deemed cumulative and independent.

The rules of construction and definitions set out herein shall not be applied to any section of this Code that shall contain any express provisions excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public, health, safety, comfort, convenience and general welfare.

Where any provision of the Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be controlling.

(Ord. No. 1059 N.S., § 3, 8-21-2018)

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 Saturday, Sunday, or holiday and then it is also excluded.

(Ord. No. 1059 N.S., § 3, 8-21-2018)

Whenever a provision requires or authorizes the head of a department or an official of the city to do some act or perform some function, it shall be construed to authorize the head of such department or the official to designate, delegate, and authorize subordinates to do the required act or perform the required function, unless the terms of the provisions designate otherwise.

(Ord. No. 1059 N.S., § 3, 8-21-2018)

(a)

The catchlines of the several sections of this Code printed in boldface type 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 reenacted.

(b)

The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Cross references and state law references that appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.

(c)

All references to chapters, articles, or sections are to the chapters, articles, and sections of this Code unless otherwise specified.

(Ord. No. 1059 N.S., § 3, 8-21-2018)

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

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, or any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

(Ord. No. 1059 N.S., § 3, 8-21-2018)

From time to time, the titles of officers and employees within the City organization change. It is the allocation of responsibilities and not the title that determines who performs or is authorized to perform allocated functions.

(Ord. No. 1059 N.S., § 3, 8-21-2018)

The provisions of this Code are severable, and if any provision or item of this Code or the application thereof is judicially held to be invalid, such invalidity shall not affect other provisions, items or applications of this Code, which can be given effect without the invalid provision, item or application.

(Ord. No. 1059 N.S., § 3, 8-21-2018)

When amending, supplementing, recodifying, and/or republishing this code, the codifier, meaning the city attorney or the person, agency, or organization authorized to do so, may make formal, non-substantive changes in ordinances and parts of ordinances, insofar as it necessary to do so to embody them into a unified code. In addition, the codifier may make other non-substantive changes such as spelling and grammatical corrections to preserve the original meaning of the ordinance sections inserted into the code, but in no case shall the codifier make any change in the meaning or effect of ordinance material already embodied in this code. Such changes include but are not limited to organizing the material into appropriate subdivisions, providing appropriate catchlines, assigning appropriate numbering, and making minor non-substantive changes such as "this title" instead of "this ordinance" or "this chapter," or "their" instead of "there."

(Ord. No. 1059 N.S., § 3, 8-21-2018)