Ridgecrest Municipal Code § 1-35 Reference to acts or omissions within the city

The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise:

Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the city council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. This Code shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

California codes. References to the California codes are to such codes as now or hereafter amended.

City. The term "city" means the City of Ridgecrest, Kern County, California.

City council. The terms "city council" and "council" mean the city council of the City of Ridgecrest, California.

Code. The term "Code" means the Ridgecrest Municipal Code, as designated in section 1-1. The Code consists of parts I and II. While part I of this Code is a codification of general ordinances and part II is a codification of the ordinances pertaining to land development regulations, provisions in part I of this Code may also pertain to land development and there may be provisions in part II that are inapplicable to land development. The failure to include provisions pertaining to land development in part II does not excuse failure to comply with such provisions. Similarly, inclusion of provisions in part II that do not pertain to land development does not excuse failure to comply with such provisions.

Computation of time. 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 holiday, and then it is also excluded.

State Law reference— Similar provisions, Government Code § 6800.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows, except that in appropriate cases the terms "or" and "and" are interchangeable:

(1) "And" indicates that all the connected terms, conditions, provisions or events apply.

(2) "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3) "Either … or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

County. The term "county" means Kern County, California.

Delegation of authority. A provision that authorizes or requires a city officer or city employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

Fiscal year. The term "fiscal year" means from July 1 of any given year through June 30 of the following year.

Gender. Words of one gender include all other genders.

In the city. The term "in the city" means all territory within the city limits and all territory outside of the city over which the city has jurisdiction.

Includes. The term "includes" does not limit a term to a specified example.

Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.

State Law reference— Similar provisions, Civil Code § 12.

May. The term "may" is to be construed as being permissive and not mandatory.

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

Month. The term "month" means a calendar month.

Must. The term "must" is to be construed as being mandatory.

State Law reference— Similar provisions, Government Code § 6804.

Number. Words in the singular include the plural. Words in the plural include the singular.

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

Oath. A solemn affirmation is the equivalent to an oath and a person shall be deemed to have sworn if such person makes such an affirmation.

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

Officers, departments, etc. References to officers, departments, board, commissions or employees are to city officers, city departments, city boards, city commissions and city employees.

Owner. The term "owner" as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

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

Personal property. The term "personal property" means any property other than real property.

Premises. The term "premises," as applied to real property, includes lands and structures.

Property. The term "property" includes real property, personal property and mixed property.

Real property. The term "real property" includes lands, tenements and hereditaments.

Shall. The term "shall" is to be construed as being mandatory.

Sidewalk. The term "sidewalk" means that portion of the street between the curb line and the adjacent property lien intended for the use of pedestrians.

Signature or subscription by mark. The terms "signature" and "subscription" include 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 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 Law reference— Similar provisions, Government Code § 16.

State. The term "state" means the State of California.

Street. The term "street" includes any alley, avenue, boulevard, lane, road, highway, viaduct or other public thoroughfare dedicated and open to public use as such.

Tenant or occupant. The terms "tenant" and "occupant," as applied to premises, include any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

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

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

Week. The term "week" means a period of seven consecutive days.

State Law reference— Similar provisions, Government Code § 6805.

Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means.

Year. The term "year" means a calendar year.

State Law reference— Similar provisions, Government Code § 68031.

(Code 1980, §§ 1-3.106, 1-3.107, 1-3.112; Ord. No. 87-12, § 1; Ord. No. 01-07, § 2)

(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 are not titles of such sections, or of any part of the section, nor, unless expressly so provided, shall they be so deemed when any such section, including the catchline, is amended or reenacted.

(b) A history note appearing in parentheses after a section in this Code indicates the legislative history and is a declaration by the city council that the section to which the history note applies is a restatement or reenactment of an original ordinance or amendment thereof. Editor's notes, charter references, cross references and 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.

(c) References to sections are to sections of this Code unless otherwise stated. References to this Code are to this Code as now or hereafter amended.

(Code 1980, §§ 1-3.104, 1-3.108, 1-3.112; Ord. No. 87-12, § 1; Ord. No. 01-07, § 1)

The provisions of this Code shall refer only to the omission or commission of acts within the territorial limits of the city and to the territory outside the city over which the city has jurisdiction or control by virtue of the constitution of the state or any law, or by reason of ownership or control of property.

(Code 1980, § 1-3.105; Ord. No. 87-12, § 1)

(a) Unless specifically provided otherwise, the repeal of an ordinance does not revive any previously repealed ordinance.

(b) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal.

The sections, subsections, paragraphs, sentences, clauses and phrases of this Code and all provisions adopted by reference in this Code are severable so that if any section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code is declared unconstitutional or invalid by a valid judgment of a court of competent jurisdiction, such judgment shall not affect the validity of any other section, subsection, paragraph, sentence, clause and phrase of this Code or of any provision adopted by reference in this Code, for the council declares that it is its intent that it would have enacted this Code and all provisions adopted by reference in this Code without such invalid or unconstitutional provisions.

(a) Whenever a notice is required to be given pursuant to the provisions of this Code, unless different provisions are otherwise specifically set forth in the text of the Code, 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 the 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 to have been completed at the time the notice is deposited in the post office.

(b) Proof of giving any notice required to be given pursuant to the provisions of this Code may be made by the certificate of any officer or employee of the city or by the affidavit of any person over the age of 18 years, which affidavit shows service in conformity with the provisions of this Code or other provisions.

(Code 1980, §§ 1-3.109, 1-3.110; Ord. No. 87-12, § 1)