Pinole Municipal Code Ch. 1.04 General Provisions

* For statutory provisions authorizing the substitution of “city” for “town” in a city corporate name, see Gov. Code § 34509.

The name of this city shall henceforth be the “City of Pinole.” (Ord. 98 § 2, 1956).

The following words and phrases, whenever used in the ordinances of the city of Pinole, California, 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:

A. CITY. The city of Pinole, or the area within the territorial limits of the city of Pinole, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

B. COUNCIL. The City Council of Pinole. “All its members” or “all councilpersons” means the total number of councilmen holding office.

C. COUNTY. The county of Contra Costa.

D. LAW. Applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city of Pinole, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

E. MAY. Permissive.

F. MONTH. A calendar month.

G. MUST and SHALL. Each mandatory.

H. OATH. An affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

I. OWNER. Applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant, tenant by the entirety, of the whole or a part of such building or land.

J. PERSON. A 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.

K. PERSONAL PROPERTY. Includes money, goods, chattels, things in action and evidences of debt.

L. PRECEDING and FOLLOWING. Next before and next after, respectively.

M. PROPERTY. Real and personal property.

N. REAL PROPERTY. Includes lands, tenements and hereditaments.

O. SIDEWALK. That portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

P. STATE. The state of California.

Q. STREET. 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.

R. TENANT and OCCUPANT. Applied to a building or land, include any person who occupies the whole or part of such building or land, whether alone or with others.

S. WRITTEN. Printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

T. YEAR. A calendar year. (Added during 1980 codification).

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. (Added during 1980 codification).

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Added during 1980 codification).

The following gramatical rules shall apply in the ordinances of the city, unless it is apparent from the context that a different construction is intended:

A. Gender. Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Added during 1980 codification).

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Added during 1980 codification).

Whenever in the ordinances of the city of Pinole, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or ommission. (Added during 1980 codification).

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Added during 1980 codification).

The provisions of the ordinances of the city of Pinole, and all proceedings under them are to be construed with a view to effect their objects and to promote justice. (Added during 1980 codification).

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Added during 1980 codification).

A. Authority. This section is enacted pursuant to Section 935 of the California Government Code.

B. Claims defined. “Claims” shall mean any claims against the city for money, damages or refunds of money erroneously or illegally collected or paid which do not fall under Division 3.6 of Title 1 of the Government Code, are exempted by California Government Code Section 905 from Chapter 1 and Chapter 2 of part 3 of Division 3.6 of Title 1 of the Government Code, and/or are not governed by other statutes or regulations expressly related thereto.

C. Claims required. All Claims shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this Ordinance.

D. Form of claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910.

E. Claim prerequisite to suit. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this section.

F. Suit. Any action brought against the city upon any claim or demand shall conform to the requirements of sections 940-949 of the California Government Code. Any action brought against any employee of the city shall conform with the requirements of Section 950-951 of the California Government Code. (Ord. 2006-10 § 1, 2006)