Reedley Municipal Code Ch. 3 Definitions

Unless otherwise specifically defined in this code, terms used in this code shall have the meanings prescribed by California law for the same terms. In the construction of this code, and of all ordinances, the rules and definitions set out in this chapter shall be observed, unless such construction would be inconsistent with the manifest intent of the mayor and city council. The rules of construction and definitions set out herein shall not be applied to any section of this code which shall contain any express provision excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

A. Liberal Construction: All general provisions, terms, phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the mayor and city council may be fully carried out.

B. Interpretation: In the interpretation and application of any provision of this code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety and general welfare. Where any provision imposes greater restrictions upon the subject matter than the general provision imposed by this code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

C. Additional Interpretations:

1. Computation Of Time: Whenever a notice is required to be given or an act to be done in a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time but the day on which such proceeding is to be held shall be counted.

2. Delegation Of Authority: Whenever a provision appears requiring the head of a department or some other city official to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

3. Gender: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

4. May/Shall: The word "may" is permissive; the word "shall" is mandatory.

5. Nontechnical And Technical Words: 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 law shall be construed and understood according to such meaning.

6. Number: A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

7. Officers: Whenever any officer is referred to by title, such as "recorder", "clerk", "treasurer", etc., such reference shall be construed as if followed by the words "of the city of Reedley".

8. Tense: Words used in the past or present tense include the future as well as the past and present.

9. Ordinance: The word "ordinance" contained in the ordinances of the city has been changed in the context of this code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the city's ordinances is not intended to amend passage and effective dates of such original ordinances. (2007 Code)

Whenever the following words or terms are used in this code they shall have the meanings herein ascribed to them, unless the context makes such meanings repugnant thereto:

AGENT: A person acting on behalf of another.

CITY: The city of Reedley.

CITY COUNCIL: The city council of the city of Reedley.

CITY SEAL: The common seal of the city of Reedley shall be argent, upon which shall be engraved the arms of the state of California, surrounded by the inscription, "City of Reedley, Incorporated Feb. 18, 1913".

CODE: This city code.

FEE: A sum of money charged by the city for the carrying on of a business, profession or occupation.

KNOWINGLY: Imports only a knowledge that the facts exist which brings the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.

LICENSE: The permission granted for the carrying on of a business, profession or occupation.

MISDEMEANOR: Any offense deemed a violation of the provisions of this code which is a lesser offense than a felony as defined by state law 1 .

NEGLIGENT, NEGLECT, NEGLIGENCE AND NEGLIGENTLY: Imports a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.

NUISANCE: Anything offensive or obnoxious to the health and welfare of the inhabitants of the city; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community 2 .

OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.

OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.

OPERATOR: The person who is in charge of any operation, business or profession.

OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.

PERSON: Shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, partnership or any other form of association or organization.

PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

RETAILER: Unless otherwise specifically defined shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.

STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

TENANT: As applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.

WILFULLY: When applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage. (1964 Code; amd. Ord. 1, 2-25-1913; Ord. 366, 11-3-1964; 2007 Code)

The catchlines of the several sections of this code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such chapters, sections or subsections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (2007 Code)