Unless the provisions of the context otherwise specify, 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.
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.
All persons who, at the time this Code takes effect, hold office
under any of the ordinances repealed by this Code, which offices are
continued by this Code, shall continue to hold them according to their
former tenure.
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.
"Section" shall mean a section of this Code, unless some other
source is specifically mentioned. "Subsection" shall mean a subsection
of the section in which the term occurs, unless some other section
is expressly mentioned.
This Code shall refer only to the omission or commission of
acts within the territorial limits of the City and to that territory
outside the City over which the City has jurisdiction or control by
virtue of the Constitution of the State of California or any law,
or by reason of ownership or control of property.
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.
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.
Whenever any reference is made to an ordinance, the reference
shall apply to such ordinance of the City unless otherwise specifically
provided. Whenever any reference is made to any portion of this Code,
or to any ordinances of the City, the reference shall apply to all
amendments and additions now or hereafter made.
Whenever a notice is required to be given under this Code, unless
different provisions are otherwise specifically made in 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 last known business or residence address as the same appears
in the public records of the City 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.
Proof of giving any notice may be made by the certificate of
any officer or employee of the City 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.
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.
[§ 1, Ord. 1130-14, eff. July 17, 2014]
For the purposes of this Code, unless otherwise apparent from
the context, certain words and terms used herein are defined as follows:
(a) CALENDAR YEAR – Shall mean from January 1 through December
31 of any given year;
(b) CITY – Shall mean the City of Avalon;
(c) COUNCIL – Shall mean the City Council of the City of Avalon;
(d) COUNTY – Shall mean the County of Los Angeles;
(e) FISCAL YEAR – Shall mean from July 1 of any given year through
June 30 of the following year;
(f) GENDER – The masculine gender shall include the feminine and
neuter genders;
(g) MAY – Shall be permissive;
(h) MONTH – Shall mean a calendar month unless otherwise expressed;
(i) NUMBER – The singular number shall include the plural, and
the plural number shall include the singular;
(j) OATH – Shall include affirmation;
(k) OFFICE – The use of the title of any officer, employee, office,
or ordinance shall mean such officer, employee, office, or ordinance
of this City, unless otherwise specified;
(l) OWNER – Applied to a building or land, shall include any part
owner, joint owner, tenant, tenant in common, or joint tenant of the
whole or a part of such building or land;
(m) PERSON – Shall include any person, firm, company, corporation,
partnership, association, any public corporation, political subdivision,
City (excepting the City of Avalon), County of Los Angeles, district
in the County of Los Angeles, the State of California, or the United
States of America, or any department or agency of any thereof, unless
this Code expressly provides otherwise;
(n) PERSONAL PROPERTY – Shall include money, goods, chattels, things
in action, and evidences of debt;
(o) PROPERTY – Shall include both real and personal property;
(p) 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;
(q) REAL PROPERTY – Shall include lands, tenements, and hereditaments;
(r) SHALL – Shall be mandatory;
(s) STATE – Shall mean the State of California;
(t) STREET – Shall include all streets, highways, avenues, boulevards,
alleys, courts, places, squares, or other public ways in the City
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;
(u) TENANT OR OCCUPANT – Applied to a building or land, shall include
any person who occupies the whole or part of such building or land,
whether alone or with others; and
(v) TENSES – The present tense shall include the past and future
tenses, and the future tense shall include the present tense.
(w) GROSS RECEIPTS – Shall mean the total amounts received from
all revenue sources during the relevant period, except admission taxes,
sales taxes, California redemption taxes, and City of Avalon use taxes/fees
and reasonable commissions which are paid to third parties. For purposes
of calculating Gross Receipts, such commissions shall not exceed 20%
of the price paid by the consumer/customer.