The ordinances embraced in the following chapters and sections
shall constitute and be designated "The Code of the City of Oakdale,
California," and may be so cited. Such Code may also be cited as the
"Oakdale City Code. "
In the construction of this Code and of all ordinances, regulations
and resolutions of the city, the following rules shall be observed,
unless such construction would be inconsistent with the manifest intent
of the city council or the context clearly requires otherwise:
CITY
The words "the city" or "this city" shall be construed as
if followed by the words "of Oakdale. "
CODE
The words "the Code" or "this Code" shall mean "The Code
of the City of Oakdale, California."
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.
COUNCIL
Whenever the words "city council" or "council" are used in
this Code, they shall be construed to mean the city council of the
City of Oakdale.
COUNTY
The words "the county" or "this county" shall mean the County
of Stanislaus,
DAY
A day is the period of time between any midnight and the
midnight following.
DAYTIME, NIGHTTIME
"Daytime" is the period of time between sunrise and sunset.
"Nighttime" is the period of time between sunset and sunrise.
GENDER
The masculine gender includes the feminine and neuter.
IN THE CITY
The words "in the city" shall mean and include all territory
over which the city now has, or shall hereafter acquire jurisdiction
for the exercise of its police powers or other regulatory powers.
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.
MONTH
The word "month" shall mean a calendar month.
NUMBER
The singular number includes the plural, and the plural the
singular.
OATH
"Oath" includes an affirmation.
OFFICERS, DEPARTMENTS, ETC.
Officers, departments, boards, commissions and employees
referred to in this Code shall mean officers, departments, boards,
commissions and employees of the City of Oakdale, unless the context
clearly indicates otherwise.
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.
OWNER
The word "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
"Person" includes any person, firm, association, organization,
partnership, business trust, corporation or company.
PERSONAL PROPERTY
Includes every species of property, except real property,
as defined in this section.
PRECEDING, FOLLOWING
The words "preceding" and "following" mean next before and
next after, respectively.
PROCESS
Includes a writ or summons issued in the course of judicial
proceedings of either a civil or criminal nature.
PROPERTY
The word "property" shall include real and personal property.
SHALL, MAY
"Shall" is mandatory and "may" is permissive.
SIGNATURE OR SUBSCRIPTION BY MARK
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 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
The words "the state" or "this state" shall be construed
to mean the State of California.
TENANT OR OCCUPANT
The words "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.
TENSES
The present tense includes the past and future tenses, and
the future includes the present.
WEEK
A week consists of seven consecutive days.
WRITING
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, it shall
be made in writing in the English language, unless it is expressly
provided otherwise,
YEAR
The word "year" shall mean a calendar year, except where
otherwise provided.
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.
The repeal of an ordinance shall not revive any ordinances in
force before or at the time the ordinance repealed took effect.
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.
The catchlines of the several sections of this Code are intended
as mere catchwords to indicate the contents of the section and shall
not be deemed or taken to be titles of such sections, nor as any part
of the section, nor unless expressly so provided, shall they be so
deemed when any of such sections, including the catchlines, are amended
or reenacted.
It is hereby declared to be the intention of the city council
that the sections, paragraphs, sentences, clauses and phrases of this
Code or amendments thereto are severable, and if any phrase, clause,
sentence, paragraph or section of this Code shall be declared unconstitutional
by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Code.