Rosemead Municipal Code Ch. 1.04 General Provisions

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 affect its objects and to promote justice.

(Prior code § 1300)

Article and section 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 article or section of this code.

(Prior code § 1301)

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.

(Prior code § 1302)

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing such act or omission.

(Prior code § 1303)

Whenever a power is granted to or duty is imposed upon a public officer or employee the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized, pursuant to law or ordinance or by an officer of the county of Los Angeles, or by a deputy or employee of such officer when by contract with the City of Rosemead such officer is obligated and has agreed to perform certain duties on behalf of the City, unless this code expressly provides otherwise.

(Prior code § 1304)

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.

(Prior code § 1305)

Whenever a reference is made to any portion of this code, or to any ordinances of this City, the reference applies to all amendments and additions now or hereafter made.

(Prior code § 1306)

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 or her 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 of deposit in the post office.

(Prior code § 1307)

Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of eighteen (18) years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

(Prior code § 1308)

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

(Prior code § 1309)

The masculine gender includes the feminine and neuter.

(Prior code § 1310)

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

(Prior code § 1311)

As used in this code:

"City" is the City of Rosemead.

"Council" is the City Council of the City of Rosemead.

"County" is the county of Los Angeles.

"Goods" includes wares or merchandise.

"Oath" includes affirmation.

Office. The use of the title of any officer, employee, office or ordinance shall mean such officer, employee, office or ordinance of the City of Rosemead.

"Operate" includes carry on, keep, conduct or maintain.

"Owner" applied to a building or land, shall include any part-owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.

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

"Sale" includes any sale, exchange, barter or offer for sale.

"Shall" is mandatory and "may" is permissive.

"Smoke" or "Smoking" means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, an operating electronic smoking device, or any other act of smoking as defined in Business and Professions Code Section 22950.5(c). This also includes smoking cannabis or cannabis products, as set forth in Health and Safety Code Section 11362.3.

"State" is the state of California.

"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, or such other public property as designated in any law of this state.

"Tenant" or "Occupant" applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.

(Prior code §§ 1312—1325)

(Ord. No. 983, § 4, 11-13-18)

Whenever in this code or in any ordinance, statute or other matter which is adopted by reference, unless the context requires otherwise the following references shall be given the following meanings:

"Board of Supervisors" shall mean the City Council of the City of Rosemead.

"County" shall mean the City of Rosemead.

"County of Los Angeles" shall mean the City of Rosemead.

"County Officer" shall mean the appropriate or designated officer of the City of Rosemead.

"Unincorporated Territory" shall mean the incorporated territory of the City of Rosemead.

(Prior code § 1326)