Wheatland Municipal Code Ch. 1.04 General Provisions

The following words and phrases, whenever used in this code or other city ordinance shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is otherwise specifically defined:

"City" and "town"

each mean the City of Wheatland, California, or the area within the territorial limits of the City of Wheatland, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

"Council"

means the city council of the City of Wheatland. "All its members" or "all councilmembers" means the total number of councilmembers holding office.

"County"

means the County of Yuba.

"Day"

means calendar day.

"Holiday"

has the same meaning as the word is defined in the city's personnel manual, as amended from time to time.

"Law"

means applicable federal law, the Constitution, statutes and regulations of the State of California, this code and other city ordinances, and, when appropriate, any and all rules and regulations that may be promulgated by the city thereunder.

"May"

is permissive.

"Month"

means calendar month.

"Must" and "shall"

are each mandatory.

"Oath"

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."

"Owner,"

applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by entirety, of the whole or a part of such building or land.

"Person"

includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer, or employee of any of them.

"Personal property"

includes money, goods, chattels, things in action and evidences of debt.

"Preceding" and "following"

mean next before and next after, respectively.

"Property"

includes real and personal property.

"Real property"

includes lands, tenements and hereditaments.

"Sidewalk"

means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

"State"

means the State of California.

"Street"

includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the city which have been or may hereafter be dedicated and open to public use, or other such public property so designated in any law of this state.

"Tenant" and "occupant,"

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

"Written"

includes printed, typewritten, or any other representation of words, letters or figures.

"Year"

means a calendar year.

(Amended during 1989 codification; Ord. 412 § 4, 2009)

Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of Wheatland.

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

The following grammatical rules shall apply in the ordinances of the City of Wheatland, unless it is apparent from the context that a different construction is intended:

A. Gender. Each gender includes the masculine, feminine and neuter genders.

B. Singular and Plural. The singular number includes the plural and the plural includes the singular.

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.

Whenever in the ordinances of the City of Wheatland, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded.

The provisions of the ordinances of the City of Wheatland, and all proceedings under them are to be construed with a view to effect their objects and to promote justice.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.