Woodside Municipal Code § 10.01 Title of Code

This Code shall be known as the "Woodside Municipal Code." It shall be sufficient to refer to this Code as the Woodside Municipal Code in any prosecution for the violation of any provision hereof. It shall also be sufficient to designate any ordinance adding to, amending, or repealing the provisions of this Code as an addition or amendment to, or a repeal of, the Woodside Municipal Code, or a portion thereof.

(1975 Code, § 1-1.01)

Except as otherwise provided in this Code, this Code consists of all the regulatory, penal, and administrative laws of general application of the Town of Woodside, codified pursuant to the authority set forth in Cal. Gov't Code Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5.

(1975 Code, § 1-1.02)

The provisions of this Code shall refer only to the omission or commission of acts within the territorial limits of the Town and to that territory outside the Town over which the Town has jurisdiction or control by virtue of the Constitution of the State or any law, or by reason of ownership or control of property.

(1975 Code, § 1-3.06)

(A) Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, 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.

(1975 Code, § 1-3.01)

(B) Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this Code as those governing the interpretation of state law.

Neither the adoption of this Code nor the repeal of any ordinance of the Town by this Code shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of this Code, nor be construed as a waiver of any license or penalty on such effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinance, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect.

(1975 Code, § 1-1.05)

All provisions of Title I compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this Code unless otherwise specifically provided.

Title, chapter, article, 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, article, or section of this Code. Headings and captions used in this Code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

(1975 Code, § 1-3.04)

(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(B) Specific terms. For the purpose of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Calendar year. From January 1 through December 31 of any given year.

Code, this Code or this Code of Ordinances. This Municipal Code as modified by amendment, revision, and adoption of new titles, chapters, or sections.

Council. The Town Council of the Town of Woodside.

County. San Mateo County, California.

Day. The word day shall mean calendar day unless otherwise stated. Where the last day for filing an appeal falls on a weekend or holiday, then the term day shall include the business day next following that weekend or holiday.

Fiscal year. From July 1 of any given year through June 30 of the following year.

Goods. Includes wares and merchandise.

May. The act referred to is permissive.

Month. A calendar month.

Oath. 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.

Officer, office, employee, commission, or department. An officer, office, employee, commission, or department of this Town unless the context clearly requires otherwise.

Operate. Carrying on, keeping, conducting, or maintaining.

Owner. Applied to a building or land, shall include any part owner or joint owner of the whole or a part of such building or land.

Person. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, receiver, public corporation, political subdivision, city (except the Town of Woodside), the County of San Mateo, any district in the County of San Mateo, the State of California, or the United States of America, or any department or agency of any thereof, unless this Code expressly provides otherwise. Whenever used in any clause prescribing and imposing a penalty, the terms person or whoever as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

Personal property. This term shall include money, goods, chattels, things in action, and evidences of debt.

Preceding or following. Next before or next after, respectively.

Property. Both real and personal property.

Quarterly. When used to designate a period of time, shall mean the first three calendar months of any given year or any succeeding period of three calendar months.

Real property. This term shall include lands, tenements, and hereditaments.

Sale. Includes any sale, exchange, barter, or offer for sale.

Section. A section of this Code, unless some other source is specifically mentioned.

Shall. The act referred to is mandatory.

Signature. The name of a person written with his/her own hand to signify that the writing which precedes accords with his/her wishes or intentions.

State. The State of California.

Street. This term shall include all streets, highways, avenues, boulevards, alleys, courts, private streets, places, squares, or other public ways in the Town 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.

Subchapter. A division of a chapter, designated in this Code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.

Tenant or occupant. Applied to a building or land, the terms shall include any person who occupies the whole or part of such building or land, whether alone or with others.

Town, City, Municipal Corporation, or Municipality. The Town of Woodside, California.

Written. Any representation of words, letters, or figures, whether by printing or otherwise.

Year. A calendar year, unless otherwise expressed.

(1975 Code, §§ 1-3.13, 1-3.05) (Ord. 2003-520, effective 10-23-03)

(A) And or or. Either conjunction shall include the other as if written "and/or," if the sense requires it.

(B) Acts by deputies. Whenever a power is granted to, or a 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, unless this Code expressly provides otherwise.

(1975 Code, § 1-3.07)

(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

If any section, sentence, clause, or phrase of this Code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The Council hereby declares that it would have adopted this Code and each section, sentence, clause, and phrase hereof irrespective of the fact that any one or more sections, sentences, clauses, or phrases be declared unconstitutional.

(1975 Code, § 1-1.07)

(A) Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the Town unless this Code expressly provides otherwise. Whenever any reference is made to any portion of this Code, or to any ordinance of the Town, the reference shall apply to all amendments and additions made to this Code.

(1975 Code, § 1-3.09)

(B) The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number or otherwise and which are included within this Code, but such references shall apply to the corresponding provisions set forth in this Code.

(1975 Code, § 1-1.06)

All provisions of this Code and all Town ordinances shall be interpreted to refer to the appropriate or designated officer or office of the Town, and whenever an ordinance, uniform code, statute, or other matter which is adopted by reference refers to any department, officer, employee, inspection, police, or other function, unless the context requires otherwise, all such references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the Town.

(1975 Code, § 1-1.04)

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.

The official time, as established by applicable state/federal laws, shall be the official time within this Town for the transaction of all municipal business. Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time as may be in current use in the Town.

(1975 Code, § 1-3.13(m))

(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.

(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.

This Code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this Code shall be deemed repealed from and after the effective date of this Code.

The provisions of this Code, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments.

(1975 Code, § 1-3.02)

The following are hereby established as the official places for the posting of all ordinances, resolutions, notices, and other documents required by the law to be posted:

(A) Roberts of Woodside;

(B) The Woodside Library; and

(C) The United States Post Office, Woodside Branch.

(1975 Code, § 2-4.01) (Ord. 1966-169, passed - -66)

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, such notice, report, statement, or record shall be made in writing in the English language unless this Code expressly provides otherwise.

(1975 Code, § 1-3.08)

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this Code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

(1975 Code, § 1-3.12)

The provisions of this Code shall take effect upon the effective date of the ordinance adopting this Code by reference.

(1975 Code, § 1-1.03)

(A) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the ordinance repealing or modifying it becomes effective, unless otherwise expressly provided.

(B) No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.

(C) When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.

(A) If the legislative body shall desire to amend any existing chapter or section of this Code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.

(B) Any ordinance which is proposed to add to the existing Code a new chapter or section shall indicate, with reference to the arrangement of this Code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.

(A) As histories for the Code sections, the specific number and effective date of the original ordinance, and the most recent three amending ordinances, if any, are listed following the text of the Code section.

Example: (Ord. 10, effective 5-13-60; Am. Ord. 15, effective 1-1-70; Am. Ord. 20, effective 1-1-80; Am. Ord. 25, effective 1-1-85)

(B) (1)

If a statutory cite is included in the history, this indicates that the text of the section reads substantially the same as the statute.

Example: (Cal. Gov't Code 6250.1 et seq.) (Ord. 10, effective 1-17-80; Am. Ord. 20, effective 1-1-85)

(2) If a statutory cite is set forth as a "statutory reference" following the text of the section, this indicates that the reader should refer to that statute for further information.

Example:

Sec. 39.01 Public records available.

This Town shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law.

Statutory reference: For provisions concerning the inspection of public records, see Cal. Gov't Code 6250.1 et seq.

(C) If a section of this Code is derived from the previous Code of Ordinances of the city published in 1975 and subsequently amended, the 1975 Code section number shall be indicated in the history by "(1975 Code, § )."

(A) Whenever a notice is required to be given pursuant to the provisions of this Code, unless different provisions are otherwise specifically set forth in the text of the Code, 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/her last known business or residence address as the same appears in the public records of the Town 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.

(1975 Code, § 1-3.10)

(B) Proof of giving any notice required to be given pursuant to the provisions of this Code may be made by the certificate of any officer or employee of the Town or by affidavit of any person over the age of 18 years, which affidavit shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

(1975 Code, § 1-3.11)

(A) At least three copies of this Code, duly certified by the Town Clerk, shall be maintained on file in his/her office as the official copies of the Code. Additional copies of the Code shall be distributed to the departments of the Town as shall be prescribed by the Town Manager.

(B) Upon the adoption of any amendment or addition to this Code, or upon the repeal of any of its provisions, the Town Clerk shall certify thereto and shall make an appropriate notation in the official volumes of this Code of the taking of such action, noting the number and date of the ordinance pursuant to which such action is taken.

(C) Duly certified copies of each ordinance making changes in the Code shall be filed in the office of the Town Clerk in books for such purpose, duly indexed for ready reference.

(D) At least annually the Town Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including the notation as to the ordinance number and date pursuant to which such change is adopted, and distributed in order that the loose leaf copies of the Code, prepared for the use and convenience of the officers and employees of the city and the general public, may be brought up-to-date.

(1975 Code, § 1-1.09) (Am. Ord. 2000-506, effective 12-14-00)