Yuba County Municipal Code Ch. 1.10 Defintions and Rules of Construction

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.

(Prior Code, § 1.10.010; Ord. No. 1084)

Title, Chapter 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 or section. A history appearing in parentheses after a section in this Code indicates the legislative history and is a declaration by the Board of Supervisors that the section to which the history note applies is a restatement or reenactment of an original ordinance or amendment thereof. Editor's notes, cross references and State law references that appear in this Code after sections or subsections or that otherwise appear in footnote form are provided for the convenience of the user of the Code and have no legal effect.

(Prior Code, § 1.10.020; Ord. No. 1084)

The following rules shall apply in this Code unless the context mandates otherwise:

(1) Gender. Any gender includes the other gender.

State Law reference— Similar provisions, Government Code § 12.

(2) Singular and plural. The singular number includes the plural and the plural includes the singular.

State Law reference— Similar provisions, Government Code § 13.

(3) Tenses. Words used in the present tense include the past and the future tenses and vice versa.

State Law reference— Similar provisions, Government Code § 11.

(4) Use of words and phrases. Words and phrases used in this Code and not specifically defined shall be construed according to the context and approved usage of the language. Technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.

(Prior Code, § 1.10.030)

The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise:

(1) Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the Board of Supervisors may be effectuated. This Code shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

(2) California Codes. Any reference to the Constitution, Business and Professions Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Elections Code, Evidence Code, Family Code, Financial Code, Fish and Game Code, Food and Agricultural Code, Government Code, Harbors and Navigation Code, Health and Safety Code, Insurance Code, Labor Code, Military and Veterans Code, Penal Code, Probate Code, Public Contracts Code, Public Resources Code, Public Utilities Code, Revenue and Taxation Code, Streets and Highways Code, Unemployment Insurance Code, Vehicle Code, Water Code, or Welfare and Institutions Code are to such codes as adopted and now or hereafter amended. Any reference to a State law or State act by title is to such law or act as amended.

(3) CCR. The abbreviation "CCR" means Barclays Official California Code of Regulations, as amended.

(4) Code. The term "Code" means the Yuba County Ordinance Code.

(5) 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 Saturday or holiday, and then it is also excluded.

State Law reference— Similar provisions, Government Code §§ 6707, 6800.

(6) Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either . . . or," the conjunction shall be interpreted as follows, except that in appropriate cases the terms "or" and "and" are interchangeable:

a. "And" indicates that all the connected terms, conditions, provisions or events apply.

b. "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

c. "Either . . . or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

(7) County. The term "County" means Yuba County, California.

(8) Delegation of authority. A provision that authorizes a County officer or County employee to perform an act or make a decision or authorizes such officer or employee to act or make a decision through subordinates.

State Law reference— Similar provisions, Government Code § 7.

(9) Includes. The term "includes" does not limit a term to a specified example.

(10) Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.

State Law reference— Similar provisions, Civil Code § 12.

(11) May. The term "may" is to be construed as being permissive and not mandatory.

State Law reference— Similar provisions, Government Code § 14.

(12) Month. The term "month" means a calendar month.

(13) Must. The term "must" is to be construed as being mandatory.

State Law reference— Similar provisions, Government Code § 6804.

(14) Oath. A solemn affirmation is the equivalent to an oath, and a person shall be deemed to have sworn if such person makes such an affirmation.

State Law reference— Similar provisions, Government Code § 15.

(15) Officers, departments, etc. References to officers, departments, boards, commissions or employees are to County officers, County departments, County boards, County commissions and County employees.

(16) Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

(17) Person. The term "person" means any human being; any governmental or political subdivision or public agency; any public or private corporation; any partnership; any firm, association or other organization; any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing; or any other legal entity.

State Law reference— Similar provisions, Government Code § 17.

(18) Personal property. The term "personal property" means any property other than real property.

(19) Premises. The term "premises," as applied to real property, includes lands and structures.

(20) Property. The term "property" includes real property, personal property and mixed property.

(21) Real property. The term "real property" includes lands, tenements and hereditaments.

(22) Shall. The term "shall" is to be construed as being mandatory.

(23) Sidewalk. The term "sidewalk" means that portion of the street between the curbline and the adjacent property line intended for the use of pedestrians.

(24) Signature or subscription by mark. The terms "signature" and "subscription" 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 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 Law reference— Similar provisions, Government Code § 16.

(25) State. The term "State" means the State of California.

State Law reference— Similar provisions, Government Code § 18.

(26) Street. The term "street" includes any alley, avenue, boulevard, lane, road, highway, viaduct or other public thoroughfare dedicated and open to public use as such.

(27) Tenant and occupant. The terms "tenant" and "occupant," as applied to premises, include any person holding a written or oral lease or who actually occupies the whole or any part of such premises, alone or with others.

(28) Tenses. The present tense includes the past and future tenses. The future tense includes the present tense.

State Law reference— Similar provisions, Government Code § 11.

(29) Week. The term "week" means a period of seven consecutive days.

State Law reference— Similar provisions, Government Code § 6805.

(30) Working day. The term "working day" means any day not a Saturday or Sunday, and not a holiday as defined in Government Code § 6700.

(31) Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report or statement is required or authorized by this Code, it shall be made in writing in the English language.

State Law reference— Similar provisions, Government Code § 8.

(32) Year. The term "year" means a calendar year.

State Law reference— Similar provisions, Government Code § 68031.

(a) Unless specifically provided otherwise, the repeal of an ordinance does not revive any previously repealed ordinance.

(b) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor does such repeal or amendment affect any suit, prosecution or proceeding pending at the time of the amendment or repeal.

The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the County relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

If any section, subsection, sentence, clause, phrase, provision or portion of this Code, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Code or their applicability to distinguishable situations or circumstances. In enacting this Code, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Code and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Code are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.