Chapter 1.04

GENERAL PROVISIONS AND DEFINITIONS

• 1.04.150 Notices - Proof of service.

• 1.04.160 Severability.

Unless the provisions of the context otherwise require, the general provisions, rules of construction and definitions set forth in this chapter 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.

(Prior code § 1300.)

As used in this code:

Sections:

• 1.04.010 Provisions governing construction of code.

• 1.04.020 Definitions.

• 1.04.030 Gender.

• 1.04.040 Tenses.

• 1.04.050 Number.

• 1.04.060 Effect of chapter and section headings.

• 1.04.070 Title of office, ordinance or charter.

• 1.04.080 Acts of deputies or designees.

• 1.04.090 Director of finance - Officer titles included.

*Charter references— For Charter provisions authorizing the city to codify its ordinances, see Charter § 606; for statutory provisions authorizing cities to codify their ordinances, see Gov. Code §§ 50022.1 - 50022.8 and 50022.10.

• A. "Across" includes along, in or upon.

• B. "City" means the city of San José.

• C. "City manager" means the appointed official of the city who occupies the position as the chief administrative officer of the city.

• D. "Council" means the city council of this city.

• E. "County" means the county of Santa Clara.

• F. "Goods" includes wares and merchandise.

• G. "Oath" includes affirmation.

• H. "Operate" or "engage in" includes carry on, keep, conduct, maintain, or cause to be kept or maintained.

• I. "Owner," applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common, joint tenant, or the whole or a part of such building or land.

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SAN JOSÉ CODE

§ 1.04.020

• J. "Person," unless it otherwise appears from the context as used, means and includes any person, firm, association, organization, partnership, business trust, company, corporation, public agency, school district, the state of California, its political subdivisions and/or instrumentalities thereof.

• K. Shall and May. "Shall" is mandatory and "may" is permissive, except that whenever the term "shall" is applied to the city, its officials, employees or agents, it is directory only and is not intended to impose liability on the city. The use of the word "shall" is, under no circumstances, intended to create or impose a mandatory duty of care upon the city, its employees or agents for purposes of California Government Code Section 815.6, nor is it intended to abrogate any immunity available at law or to create or impose any basis for liability on the city, its employees or agents.

• L. "Sale" means and includes any sale, exchange, barter or offer for sale.

The present tense includes the past and future tenses, and the future, the present. (Prior code § 1309.)

The singular number includes the plural, and the plural, the singular. (Prior code § 1311.)

Title, chapter and section headings contained in this code 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 or section hereof.

(Prior code § 1301.)

The use of the title of any officer, employee, office, ordinance or Charter means such officer, employee, office, ordinance or Charter of the city of San José.

(Prior code § 1318.)

• M. "State" means the state of California.

• N. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways 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 so designated in any law of this state.

• O. "Tenant or occupant," applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.

• (Prior code §§ 1312 - 1317, 1319 - 1327; Ord. 22085.)

The masculine gender includes the feminine and neuter. (Prior code § 1310.)

Whenever a power is granted to or duty is imposed upon a public officer or employee, unless the city Charter or this code expressly provides otherwise, the power may be exercised or the duty may be performed by a deputy or designee of such officer or employee or by any person so authorized pursuant to law or ordinance.

(Prior code § 1304; Ord. 21971.)

Wherever used in this code, the following officer titles shall mean the director of finance of the city: city treasurer, treasurer, city license collector, license collector, tax collector, and director of finance.

(Prior code § 1318a.)

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GENERAL PROVISIONS

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 the fact of such act or omission. (Prior code § 1303.)

Whenever a reference is made to any portion of this code, or to any ordinances of the city, the reference applies to all amendments and additions now or hereafter made. (Prior code § 1306.)

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 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 lastknown business or residence address as the same appears in the public records or other records per-

taining 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 years, which shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned. (Prior code § 1308.)

If any section, subsection, sentence, clause, or phrase of any ordinance heretofore or hereafter adopted by the city council of the city of San José is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of such ordinance. Each and every section, subsection, sentence, clause or phrase of any ordinance is severable from all other sections, subsections, sentences, clauses or phrases unless such ordinance contains a provision which states that the council would not have passed the remainder of such ordinance if it had known that any section, subsection, sentence, clause or phrase of the ordinance would subsequently be declared invalid or unconstitutional. (Ord. 21619.)