San Anselmo Municipal Code Ch. 3 Rules of Construction

Unless the provisions of the context otherwise specify, 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.

The provisions of this Code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.

All persons who, at the time this Code takes effect, hold office under any of the ordinances repealed by this Code, which offices are continued by this Code, shall continue to hold them according to their former tenure.

Title, chapter, 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 title, chapter, article or section hereof.

"Section" means a section of this Code, unless some other source is specifically mentioned. "Subsection" means a subsection of the section in which the term occurs unless some other section is expressly mentioned.

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.

Whenever a power is granted to, or a 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, unless this Code expressly provides otherwise.

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.

Whenever a reference is made to any portion of this Code, or to any ordinances of the Town, the reference shall apply to all amendments and additions now or hereafter made.

Whenever a notice is required to be given under this Code, unless different provisions are otherwise specifically made in this 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 his last known business or residence address as the same appears in the public records of the Town 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.

Proof of giving any notice may be made by the certificate of any officer or employee of the Town 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.

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

For the purposes of this Code, unless otherwise apparent from the context, certain terms and words used in this Code are defined as follows:

(a) "Calendar year" shall mean from January 1 through December 31 of any given year.

(b) "City" shall mean the Town of San Anselmo.

(c) "Council" shall mean the Town Council of the Town of San Anselmo.

(d) "County" shall mean the County of Marin.

(e) "Fiscal year" shall mean from July 1 of any given year through June 30 of the following year.

(f) "Gender". The masculine gender shall include the feminine and neuter genders.

(g) "May" shall be permissive.

(h) "Month" shall mean a calendar month, unless otherwise expressed.

(i) "Number". The singular number shall include the plural number, and the plural number shall include the singular number.

(j) "Oath" shall include affirmation.

(k) "Office". The use of the title of any officer, employee, office, or ordinance shall mean such officer, employee, office, or ordinance of the Town, unless otherwise specified.

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

(m) "Person" shall include any person, firm, company, corporation, partnership, association, public corporation, political subdivision, city (except the Town of San Anselmo), the County of Marin, any district in the County of Marin, the State of California, and the United States of America, or any department or agency of any thereof, unless this Code expressly provides otherwise.

(n) "Personal property" shall include money, goods, chattels, things in action, and evidences of debt.

(o) "Property" shall include both real and personal property.

(p) "Quarterly", when used to designate a period of time, shall mean the first three (3) calendar months of any given year or any succeeding period of three (3) calendar months.

(q) "Real property" shall include lands, tenements, and hereditaments.

(r) "Shall" shall be mandatory.

(s) "State" shall mean the State of California.

(t) "Street" shall include all streets, highways, avenues, boulevards, alleys, lanes, courts, places, squares, and other rights of way in the Town which have been dedicated or may hereafter be dedicated by reason of an offer of dedication and open to public use, or such other property so designated by the Traffic Engineer or any local resolution or ordinance or law of the State.

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

(v) "Tenses". The present tense shall include the past and future tenses, and the future tense shall include the present tense.

(w) "Town" shall mean the Town of San Anselmo.

(x) "Director of Public Works" shall include the title "Superintendent of Streets".

(Amended by Ord. 690, eff. April 24, 1975, and § 4, Ord. 802, eff. June 11, 1981, and § 1, Ord. 1022, eff. February 21, 2002)