Walnut Municipal Code Ch. 1.04 General Provisions

Unless such construction would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise, the general provisions, definitions and rules of construction set forth in this chapter shall govern the construction of this code and of all ordinances, regulations and resolutions of the City. 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.

(Ord. 19-08, § 1)

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

"City"

means the City of Walnut, or the area within the territorial limits of the City, and such territory outside the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.

"City Manager"

means the appointed official of the City who occupies the position as Chief Administrative Officer of the City pursuant to Section 1.08.070 of this code.

"Claims"

means claims for money or damages arising out of tort or other causes of action against the City, its officers or employees, other than a demand or invoice for the payment of money in exchange for services or goods pursuant to a contract or purchase order.

"Code" or "the code" or "this code"

means the Walnut Municipal Code.

"Council" or "City Council"

means the City Council of the City of Walnut. "All of its members" or "all Councilmembers" means the total number of Councilmembers holding office.

"Councilmember"

means a person duly elected to, or appointed by, the Council.

"County"

means the County of Los Angeles, California.

"Day"

means the period of time between any midnight and the midnight following, or a calendar day. If a deadline falls on a weekend or City holiday, the deadline is the next City business day.

"Daytime"

means the period of time between sunrise and sunset.

"Demand or invoice"

means an invoice, bill, reimbursement request or other demand for the payment of money in exchange for services or goods pursuant to a contract or purchase order.

"Fiscal year"

means from July 1st of any given year through June 30th of the following year.

"In the City"

means and includes all territory over which the City now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

"Including"

means "including, but not limited to," unless the context requires otherwise.

"Law"

means applicable federal law, the Constitution and statutes of the State of California, the ordinances of the City, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

"Month"

means a calendar month.

"Nighttime"

means the period of time between sunset and sunrise.

"Oath"

means and includes an affirmation or declaration 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."

"Officer"

means a Councilmember, City Manager, City Attorney, City Treasurer, City Clerk, City Engineer, Police Chief, Fire Chief and such other subordinate officers appointed by the City Council or the City Manager who exercise discretionary, executive authority in his or her employment.

"Owner"

applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety 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, means and includes any natural person, firm, association, organization, partnership, business trust, corporation, company, club, joint venture, joint stock company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the City of Walnut, or the manager, lessee, agent, servant, officer or employee of any of them.

"Personal property"

means and includes every species of property, except "real property" as defined in this section, including money, goods, chattels, things in action and evidences of debt.

"Preceding" and "following"

mean next before and next after, respectively.

"Process"

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

"Property"

means and includes real and personal property.

"Real property"

means and includes lands, tenements and hereditaments.

"Signature" or "subscription by mark"

means and 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 or her 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" or "the State" or "this State"

means the State of California.

"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.

"Warrant"

means any claim or demand against the treasury of the City, or the City, or any department or fund thereof, which has been audited and approved for payment.

Week.

A week consists of seven consecutive days.

"Writing"

means and 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 and in such other language as required by applicable laws, unless it is expressly provided otherwise.

"Year"

means a calendar year, except where otherwise provided.

(Ord. 19-08, § 1)

The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.

(Ord. 19-08, § 1)

A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

(Ord. 19-08, § 1)

Title, chapter, and section headings contained in this code are intended as mere catchwords to indicate the contents of the title, chapter or section and shall not be deemed to be a part of such title, chapter or section or to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section in the code.

(Ord. 18-05, § 4; Ord. 19-08, § 1)

A. 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.

B. Gender. Words importing one gender extend and may be applied to any gender. For example, any person who by rule or ordinance is designated a chairman or other similar title may use another equivalent title such as, in the case of a "chairman," "chair," "chairperson," "chairwoman," or other such appropriate title.

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

D. Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

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

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

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

H. Title of Office. Use of the title of any officer, department, board, commission or employee referred to in this code means that officer, department, board, commission or employee of the City of Walnut, unless the context clearly indicates otherwise.

(Ord. 19-08, § 1)

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.

(Ord. 19-08, § 1)

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.

(Ord. 19-08, § 1)

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, or by a deputy or employee of such officer when by contract with the City such officer is obligated and has agreed to perform certain duties on behalf of the City, unless this code expressly provides otherwise.

(Ord. 19-08, § 1)

A. Service. 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.

B. Proof of Giving. 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 18 years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned.

C. Posting—Required. All ordinances and all resolutions required by law to be published or posted shall be posted in at least three of the public places, as set forth in subsection D of this section in accordance with the provisions of Section 36933 of the Government Code.

D. Places Designated. The following locations are officially designated as public places for the posting of all ordinances, resolutions or notices adopted or issued by the City:

1. United States Post Office – 80 S. Lemon Avenue, Walnut, California.

2. Walnut City Hall – 21201 La Puente Road, Walnut, California.

3. Walnut Library – 21155 La Puente Road, Walnut, California.

4. Walnut Senior Center – 21215 La Puente Road, Walnut, California.

5. www.cityofwalnut.org or other official City website.

(Ord. 19-08, § 1)

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"

means the City Council of the City of Walnut.

"County"

means the City of Walnut.

"County officer"

means the appropriate or designated office of the City.

"County of Los Angeles"

means the City of Walnut.

"Unincorporated territory"

means the incorporated territory of the City of Walnut.

(Ord. 19-08, § 1)