Chapter 1.08 — GENERAL PROVISIONS

Notwithstanding any rule or construction of the English language or case law authority holding to the contrary, in the interpretation or construction of this Code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council:

(Ord. No. 2014-1401, 10-28-14)

City, this City, the City. The words "the City" or "this City" shall mean the City of San Marcos, California. The words "in the City" shall mean and include all territory over which the City now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

Computation of time. Unless otherwise specifically provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last; except that the last day shall be excluded if it is Sunday or a holiday.

Chief of Police. The term "Chief of Police" shall mean the Sheriff of San Diego County as ex officio Chief of Police of the City.

City Council, Council. Whenever the term "City Council" or "Council" is used in this Code, it shall be construed to mean the City Council of the City of San Marcos, California.

County. The words "the County" or "this County" shall mean the County of San Diego in the State of California.

Day. A day is the period of time between any midnight and the midnight following.

Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the City to do some act or perform some duty, or granting some right to him as such official, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to them such right, unless the terms of the provisions designate otherwise.

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.

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, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than any general provisions imposed by this Code, the provisions imposing the greater restriction or regulation shall be applicable.

Joint authority. Whenever a joint authority is given to three or more persons or officers, it shall be construed as giving such authority to a majority of them.

May. The term "may" is permissive.

(Ord. No. 2014-1401, 10-28-14)

May not. The term "may not" means not permitted to.

(Ord. No. 2014-1401, 10-28-14)

Month. The singular word "month" shall mean a calendar month.

Number. The singular number shall include the plural and the plural number shall include the singular.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Official time. Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Pacific Daylight Saving Time, as may be in current use in the City.

Officials, officers, departments, etc. Whenever reference is made to officials, boards, commissions, departments or other municipal agents by title only, such reference shall be read as though followed by the words "of the City of San Marcos, California."

Or, and. "Or" may be read "and" and "and" may be read "or" if the sense requires it.

Owner. The word "owner" applied to real estate shall include any part owner, joint owner, tenant in common, tenant in partnership, joint interest or other fee interest in the whole or part of such real estate.

Person. The word "person" shall include any person, firm, partnership, association, organization, business trust, corporation or company.

Personal property includes every species of property, except real property, as defined in this section.

Police Department. The term "Police Department" shall mean the office of the Sheriff of San Diego County, acting under contract as the Police Department for the City.

Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

Process includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. The word "property" shall include real and personal property.

Real property shall include lands, tenements and hereditaments.

Shall, must. The terms "shall" and "must" are mandatory, except as to the City, and as to the City such terms are to be construed as directory.

(Ord. No. 2014-1401, 10-28-14)

Signature or subscription; mark. "Signature" or "subscription" includes 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. The words "the state" or "this state" shall mean the State of California.

Street. The word "street" shall be construed to include streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the City and shall include all parts thereof constituting the designated right-of-way.

Tenant or occupant. The word "tenant" or "occupant" applied to a building or land shall include any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.

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

Week. A week consists of seven consecutive days.

Writing. 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 otherwise expressly prohibited.

Year. The word "year" shall mean a calendar year unless otherwise provided.

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof insofar as they apply to conditions existing prior to the effective date of this Code.

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 shall not be deemed or taken to be titles of such sections, nor as any part of the sections unless otherwise expressly provided, nor, unless expressly so provided, shall they be so deemed when any of such sections including the catchlines, are amended or reenacted.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding for violation of said ordinance pending at the time of the repeal.

It shall be unlawful for any person to change or amend by additions or deletions, any part or portion of this Code or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of San Marcos to be misrepresented thereby.

All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. When subsequent ordinances repeal any title, chapter or section or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as numbered and printed or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code by the City Council.

Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "The section of the Code of Ordinances of the City of San Marcos, California is hereby amended to read as follows:...." The new provisions shall then be set out in full as desired.

In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances of the City of San Marcos, California, is hereby amended by adding a section, to be numbered , which said section reads as follows:..." The new section shall then be set out in full as desired.

All titles, chapters, sections or provisions desired to be repealed must be specifically repealed by title, chapter or section number, with reference to the subject matter, as the case may be.

Chapter 1, Division 1, Title 1 (Sections 11.101-11.120); Division 2, Title 1 (Sections 12.101-12.117); Chapter 1, Division 3, Title 1 (Section 13.101) of the San Diego County Code are adopted by reference. One copy of said sections is on file with the office of the City Clerk.

Except when otherwise specifically indicated, the obligations imposed upon City officers or employees by this Code for implementation and enforcement of this Code, or by other City ordinances are directory in nature. Nothing in this Code or other City Ordinance shall be construed as limiting or eliminating any defense or immunity from liability for the City or its officers or employees established by the provisions of Title 1, Division 3.6 of the California Government Code or by any other provision of law. Except when otherwise specifically indicated in this Code or other City ordinance, the manner and timing of enforcement and implementation of this Code or other City Ordinances shall be within the discretion of the City Manager or other designated City officers or employees. Except when otherwise specifically indicated this Code shall not be construed to hold the City or any officer or employee of the City responsible for any damage resulting to persons or property by reason of a failure to enforce, implement or execute any of the provisions of this Code. Nothing in this Code shall be construed to hold the City or any officer or employee of the City responsible for any damage resulting to persons or property by reason of any interpretation of this Code by any City officer or employee.

(Ord. 90-861, 9-11-90)