City of Oakdale, CA Chapter 1 General Provisions

§ 1-1 How Code designated and cited.

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. "

§ 1-2 Definitions and rules of construction.

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 [1]

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 [2]

A day is the period of time between any midnight and the midnight following.

DAYTIME, NIGHTTIME [3]

"Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

GENDER [4]

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 [5]

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 [6]

The word "month" shall mean a calendar month.

NUMBER [7]

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

OATH [8]

"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 [9]

"Person" includes any person, firm, association, organization, partnership, business trust, corporation or company.

PERSONAL PROPERTY [10]

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 [11]

Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

PROPERTY [12]

The word "property" shall include real and personal property.

REAL PROPERTY [13]

Lands, tenements and hereditaments.

SHALL, MAY [14]

"Shall" is mandatory and "may" is permissive.

SIGNATURE OR SUBSCRIPTION BY MARK [15]

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 [16]

The present tense includes the past and future tenses, and the future includes the present.

WEEK [17]

A week consists of seven consecutive days.

WRITING [18]

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 [19]

The word "year" shall mean a calendar year, except where otherwise provided.

[1] For similar state law, see Gov. C., § 6800.

[2] For similar state law, see Gov. C., § 6806.

[3] For similar state law, see Gov. C., § 6807.

[4] For similar state law, see Gov. C., § 12.

[5] See C. C., § 12.

[6] For similar state law, see Gov. C., § 6804.

[7] For similar state law, see Gov. C., § 13.

[8] For similar state law, see Gov. C., § 15.

[9] For similar state law, see Gov. C., § 17; C. C. P., § 17.

[10] See C. C. § § 14, 663.

[11] For similar state law, see Gov. C., § 22.

[12] See C. C., § 14; C. C. P., § 17.

[13] See C. C., § § 14, 658.

[14] For similar state law, see Gov. C., § 14.

[15] For similar state law, see Gov. C., § 16.

[16] For similar state law, see Gov. C., § 11.

[17] For similar state law, see Gov. C., § 6805.

[18] For similar state law, see Gov. C., § 18.

[19] For state law definition of "year," see Gov. C., § 6803.

§ 1-3 Provisions considered as continuations of existing ordinances.

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.

§ 1-4 Effect of repeal of ordinances.

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.

§ 1-5 Catchlines of sections.

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.

§ 1-6 Severability of parts of Code.

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.