Rancho Santa Margarita Municipal Code Ch. 1.02 Definitions and Rules of Construction

Unless the provisions or the context otherwise require, these general provisions, rules of construction and definitions shall govern the construction of this Code. 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. No. 00-17, § 1(1.20.010), 5-18-2000)

Title, chapter, section, and subsection headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, section or subsection hereof.

(Ord. No. 00-17, § 1(1.20.020), 5-18-2000)

This Code shall refer only to the omission or commission of acts within the territorial limits of the City and to that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution or any law, or by reason of ownership or control of property.

(Ord. No. 00-17, § 1(1.20.030), 5-18-2000)

All references to titles, chapters or sections are to titles, chapters or sections of this Code, unless stated otherwise.

Whenever in this Code a City employee, official, manager or other position is referred to, such reference also includes his/her lawful designee or deputy.

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.

(Ord. No. 00-17, § 1(1.20.060), 5-18-2000)

Whenever a reference is made to any portion of this Code or to any ordinance of this City, the reference applies to all amendments and additions now or hereafter made. Whenever a reference is made to any State law, the reference applies to all amendments and additions now or hereafter made.

(Ord. No. 00-17, § 1(1.20.070), 5-18-2000)

A history appearing in parenthesis after a section in this Code indicates the legislative history and is not to be considered part of the Code. State law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect.

Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed completed at the time of deposit in the post office.

(Ord. No. 00-17, § 1(1.20.080), 5-18-2000)

Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit or declaration under penalty of perjury as provided by Code of Civil Procedure § 2015.5 of any person over the age of eighteen years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.

(Ord. No. 00-17, § 1(1.20.090), 5-18-2000)

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

(Ord. No. 00-17, § 1(1.20.100), 5-18-2000)

State Law reference— Similar provisions, Government Code § 11.

The masculine gender includes the feminine and neuter.

(Ord. No. 00-17, § 1(1.20.110), 5-18-2000)

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

(Ord. No. 00-17, § 1(1.20.120), 5-18-2000)

State Law reference— Similar provisions, Government Code § 13.

"Shall" is mandatory, and "may" is permissive unless the context requires otherwise.

(Ord. No. 00-17, § 1(1.20.130), 5-18-2000)

State Law reference— Similar provisions, Government Code § 14.

"Oath" includes affirmation.

(Ord. No. 00-17, § 1(1.20.140), 5-18-2000)

State Law reference— Similar provisions, Government Code § 15.

"Person" as used in this Code or in any ordinance or Code adopted hereby, includes any person, firm, association, organization, partnership, business trust, company, limited liability company, or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the City of Rancho Santa Margarita.

(Ord. No. 00-17, § 1(1.20.150), 5-18-2000)

State Law reference— Similar provisions, Government Code § 17.

"State" is the State of California.

(Ord. No. 00-17, § 1(1.20.160), 5-18-2000)

"County" is the County of Orange.

(Ord. No. 00-17, § 1(1.20.170), 5-18-2000)

"City" is the City of Rancho Santa Margarita.

(Ord. No. 00-17, § 1(1.20.180), 5-18-2000)

The use of the title of any officer, employee, or official shall mean such officer, employee, or official of the City of Rancho Santa Margarita, or his/her duly authorized representative.

(Ord. No. 00-17, § 1(1.20.190), 5-18-2000)

"Council" or "City Council" shall mean the City Council of the City of Rancho Santa Margarita.

(Ord. No. 00-17, § 1(1.20.200), 5-18-2000)

"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use and accepted by resolution of the City Council, or such other public property as designated in any law of this State.

(Ord. No. 00-17, § 1(1.20.210), 5-18-2000)

Words and phrases not defined in this Code shall be construed according to the generally accepted usage of the language, or, when appropriate, by reference to definitions contained in state or federal law.

(Ord. No. 00-17, § 1(1.20.220), 5-18-2000)