The following words and phrases, wherever used in the ordinances
of the city of Point Arena, California, shall be construed as defined
in this section unless from the context a different meaning is intended
or unless a different meaning is specifically defined and more particularly
directed to the use of such words or phrases:
"City" and "town"
mean the city of Point Arena, California, or the area within
the territorial limits of the city of Point Arena, California, and
such territory outside of the city over which the city has jurisdiction
or control by virtue of any constitutional or statutory provision.
"Computation of time"
means the determination of the time within which an act is
to be done. It is computed by excluding the day of the act, event,
or default from which the designated period of time begins to run
and including the last day of the period so computed; and if the last
day is a Saturday, Sunday or a legal holiday, that day shall be excluded,
in which event the period runs until the end of the next day which
is neither a Saturday, a Sunday nor a legal holiday.
"Council"
means the city council of the city of Point Arena, California.
"All its members," or "all council members"
means the total number of council members provided by the general
laws of the state of California and/or all persons currently holding
such title.
"Law"
denotes applicable federal law, the constitution and statutes
of the state of California, the ordinances of the city of Point Arena,
and when appropriate, any and all rules and regulations which may
be promulgated thereunder.
"Oath"
is construed to include an affirmation or declaration in
all cases in which, by law, an affirmation may be substituted for
an oath, and in such cases the words "swear" and "sworn"
are equivalent to the words "affirm" and "affirmed."
"Ordinance"
means a law of the city; provided, that a temporary or special
law, administrative action, order or directive may be in the form
of a resolution.
"Owner,"
applied to a building or land, includes any part owner, joint
owner, tenant in common, joint tenant or tenant by the entirety, or
the whole or part of such building or land.
"Person"
means natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust,
organization or the manager, lessee, agent, servant, officer or employee
of any of them.
"Personal property"
includes money, goods, chattels, causes of action, things
in action and evidences of debt.
"Sidewalk"
means that portion of a street between the curb line and
the adjacent property line intended for the use of pedestrians.
"State"
means the state of California.
"Street"
includes all streets, highways, avenues, lanes, alleys, courts,
places, squares, curbs or other public ways in this 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.
"Tenant" and "occupant,"
applied to a building or land, includes any person who occupies
the whole or a part of such building or land, whether alone or with
others.
Title of office.
Use of the title of any officer, employee, department, board
or commission means that office, employee, department, board or commission
of the city.
"Written"
includes printed, typewritten, mimeographed or multigraphed.
(Ord. 188 § 1, 2004.)
The following grammatical rules shall apply in the ordinances
of the city:
(1) Gender.
Designation in the form of any gender includes the masculine, feminine
and neuter genders.
(2) Singular
and Plural. The singular number includes the plural and the plural
includes the singular.
(3) Tenses.
Words used in the present tense include the past and the future tenses
and vice versa, unless manifestly inapplicable.
(Ord. 188 § 2, 2004.)
Whenever in the ordinances of the city any act or omission is
made unlawful, it includes causing and permitting such act or omission.
(Ord. 188 § 3, 2004.)
The following rules of construction shall apply:
(1) The
provisions of the ordinances of the city, and all proceedings under
them, are to be construed with a view to effect their objects and
to promote justice.
(2) All
words and phrases shall be construed and understood according to the
common and approved usage of the language; but technical words and
phrases and such others as may have acquired a peculiar and appropriate
meaning in the law shall be construed and understood according to
such peculiar and appropriate meaning.
(3) When
an act is required by an ordinance, the same being such that it may
be done as well by an agent as by the principal, such requirement
shall be construed as to include all such acts performed by an authorized
agent.
(4) Use
of Words and Phrases. Words and phrases not specifically defined shall
be construed according to the context and approved usage of the language.
(Ord. 188 § 4, 2004.)
The repeal of an ordinance shall not repeal the repealing clause
of such ordinance or revive any ordinance which has been repealed
thereby.
(Ord. 188 § 5, 2004.)