Windsor Municipal Code Art. 1 Code Adoption, Definitions, Rules of Construction

Pursuant to the provisions of Sections 50022.1—50022.8 and 50022.10 of the Government Code, there is hereby adopted the "Code of the Town of Windsor" as on file with the Town Clerk, together with those secondary codes adopted by reference as authorized by the provisions of Government Code Section 50022.1, et seq., save and except those portions of the secondary codes as are deleted or modified by the provisions of the "Code of the Town of Windsor."

(Amended by Ord. No. 95-65 § 1)

This code shall be known as the "Code of the Town of Windsor," and it shall be sufficient to refer to said Code as the "Code of the Town of Windsor" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Code of the Town of Windsor." Further reference may be had to the titles, chapters, sections and subsections of the "Code of the Town of Windsor," and such references shall apply to that numbered title, chapter, section or subsection as it appears in the Code.

(Ord. No. 95-65 § 2)

This Code consists of existing ordinances of the Town of Windsor, California, and is codified pursuant to the provisions of Sections 50022.1—50022.8 and 50022.10 of the Government Code.

(Ord. No. 95-65 § 3)

Whenever a reference is made to this Code as the "Code of the Town of Windsor" or to any portion thereof, or to any ordinance of the Town of Windsor, California, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.

(Ord. No. 95-65 § 4)

As used in this Code:

Code shall mean "The Code of the Town of Windsor."

Computation of time shall mean the time in which any act provided by law is to be done and is computed by excluding the first day and including the last day unless the last day is a holiday and then it is also excluded.

County shall mean the County of Sonoma, in the State of California.

Day shall mean a period of time between any midnight and the midnight following.

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

Enforcing authority. "Enforcing authority" shall mean the Town Manager or his/her designee with authority to enforce provisions of this Code.

Gender. The masculine gender includes the feminine and neuter.

Highways or roads shall mean and include the whole of all public ways, roads, alleys, courts and streets and sidewalks between the property lines forming the exterior lateral boundaries thereof, and those parts of public squares and places which form traveled parts of highway or roads.

In the Town shall mean and include all territory over which the Town now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

Month shall mean a calendar month.

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

Oath shall mean and include affirmation.

Officers, departments, etc. shall mean officers, departments, boards, commissions and employees of the Town of Windsor, unless the context clearly indicates otherwise.

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

Owner as 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 shall mean and include any person, firm, association, organization, partnership, joint venture, business trust, corporation or company.

Personal property shall mean and include every species of property, except real property, as herein defined.

Preceding and following shall mean next before and next after, respectively.

Process shall mean and include a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property shall mean and include real and personal property.

Real property shall mean and include land, tenements and hereditaments.

Shall, may. "Shall" is mandatory and "may" is permissive, however, use of the word "shall" in this Code is not intended to, nor shall it be deemed to, create a mandatory duty imposed by an enactment within the meaning of the Government Code Section 815.6.

Signature or subscription shall mean and include 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/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 (2) witnesses so sign their own names thereto.

State shall be construed to mean the State of California.

Tenant or occupant, applied to a building or land, shall mean and 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 tense.

Town shall mean the Town of Windsor, in the State of California.

Town Council shall mean the Town Council of the Town of Windsor.

Week shall consist of seven (7) consecutive days.

Writing shall mean and include 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.

Year shall mean a calendar year, except where otherwise provided.

(Amended during 8/96 supplement)

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 of said Code.

(Ord. No. 95-65 § 5)

The provisions of said Code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included with said Code, but such reference shall be construed to apply to the corresponding provisions contained within said Code.

(Ord. No. 95-65 § 6)

Nothing contained herein is intended to enact any new taxes or to affect any penalty clauses contained in the existing ordinances codified by this ordinance. The enactment of the Code of the Town of Windsor is meant to be a continuation without change of existing ordinances.

(Ord. No. 95-65 § 10)

The adoption of this Code shall not in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances relating to the collection of any such license, fee, or penalty, or the penal validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinances and all rights and obligations thereunder appertaining shall continue in full force and effect.

(Ord. No. 95-65 § 7)

This Code shall become effective on the date the ordinance adopting this Code as the "Code of the Town of Windsor" shall become effective.

(Ord. No. 95-65 § 8)

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have passed this Code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code or this ordinance should be declared invalid or unconstitutional, then the original ordinance or ordinances codified as the Code of the Town of Windsor shall be in full force and effect.

(Ord. No. 95-65 § 9)

Prior existing ordinances adopting the zoning and subdivision provisions for the Town of Windsor have intentionally been omitted from codification by this ordinance. Such ordinances, including any modification thereof by ordinances duly enacted by the Town Council, are intended to and shall remain in full force and effect until such time as they are codified by ordinance of the Town Council.

(Ord. No. 95-65 § 11)