As used in this code, unless a different meaning is apparent
from the context or is specified elsewhere in the code:
means from January 1st through December 31st of any given
year.
means the city of Temecula.
means the appointed official of the city who occupies the
position of chief administrative officer of the city.
means the city council of the city of Temecula.
means a person duly elected to the city council.
means the county of Riverside.
means from July 1st of any given year through June 30th of
the following year.
The masculine gender shall include the feminine and neuter
genders.
means and include wares and merchandise.
denotes applicable federal law, the constitution and statutes
of the state of California, the ordinances of the city of Temecula,
and when appropriate, any and all rules and regulations which may
be promulgated thereunder.
shall be permissive.
means a calendar month, unless otherwise specifically expressed.
is mandatory.
The singular number shall include the plural, and the plural
number shall include the singular.
means and includes 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"
shall be equivalent to the words "affirm" and "affirmed."
Wherever certain hours are named in this code, they shall
mean standard time or daylight saving time as may be in current use
in the city.
means and includes carrying on, keeping, conducting or maintaining.
applied to a building or land, means and includes any part
owner, joint owner, tenant, tenant in common or joint tenant of the
whole or a part of such building or land.
means and includes any person, joint venture, joint stock
company, firm, company, corporation, partnership, association, public
corporation, city (except the city of Temecula), the county of Riverside,
any district in the county of Riverside, the state of California,
or the United States of America, or any department, agency, or political
subdivision of the above, club, business, trust, organization, or
the manager, lessee, agent, servant, officer or employee of any of
them, unless this code expressly provides otherwise.
means and includes money, goods, chattels, things in action
and evidences of debts.
means the agency which performs the appropriate law enforcement
function for the city.
means the head of the agency or division which at the time
involved has responsibility for performing the police function for,
or within, the city.
means next before and next after, respectively.
means and includes real and personal property.
where used to designate a period of time, means the first
three calendar months of any given year or succeeding period of three
calendar months.
means and includes land, tenements, and hereditaments.
means and includes any sale, exchange, barter, or offer for
sale.
means a section of this code, unless some other source is
specifically set forth.
is mandatory.
means that portion of a street between the curbline and the
adjacent property line intended for the use of pedestrians.
means the state of California.
means and includes 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 the state.
shall mean a subsection of the section in which the term
occurs, unless some other section is expressly set forth.
applied to a building or land, means and includes any person
who occupies the whole or a part of such building or land, whether
alone or with others.
The present tense shall include the past and future tense,
and the future tense shall include the present tense.
means and 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, such notice,
report, statement or record shall be made in writing in the English
language, unless this code expressly provides otherwise.
includes printed, typewritten, mimeographed, multigraphed
or otherwise reproduced in permanent visible form.
Words and phrases not defined in this code shall be construed
according to the approved usage of the language, or, when appropriate,
by reference to definitions contained in state or federal law.
(Ord. 90-02 § 1 (1.01.120,
1.01.170); Ord. 93-04 § 9)
The city council finds that is desirable and in the public interest
to establish a municipal code in order to provide a scheme of organization
for the classification and grouping of ordinances which the council
may adopt. The council intends in adopting ordinances of a general
and permanent nature to provide for their placement in accordance
with the scheme of the code. This will provide the user with a convenient
and logical compilation of the ordinances of the city.
(Ord. 90-02 § 1 (1.01.001))
The Temecula Municipal Code shall consist of all ordinances
adopted by the city council which are of a general and permanent nature.
An ordinance relating to any of the following subject matters is not
considered an ordinance of general and permanent nature and need not
be included within the municipal code:
A.
The
naming of streets or roads;
B.
Granting,
altering or withdrawing franchises;
C.
Levying
real property taxes;
D.
Calling
an election;
E.
Annexation
proceedings;
F.
Interim
zoning measures;
G.
Zoning
or rezoning a particular parcel of property;
H.
Such
other ordinances of a special or particular subject matter which the
council considers inappropriate to a compilation of laws of a general
and permanent nature.
(Ord. 90-02 § 1 (1.01.003))
A.
At least
three copies of this code, duly certified by the city clerk, shall
be maintained on file in the office of the city clerk as official
copies of this code. Additional copies of this code shall be distributed
to the departments of the city as prescribed by the city manager.
B.
Duly
certified copies of each ordinance making a change in this code shall
be filed in the office of the city clerk in books for such purpose,
duly indexed for ready reference.
C.
At least
semi-annually the city clerk shall cause the loose leaf pages of this
code in which changes have been made to be reproduced, including a
notation as to the ordinance number and the date on which such change
was adopted. Such reprinted pages shall be distributed in order that
the loose leaf copies of this code, prepared for the use and convenience
of the officers and employees of the city and the general public,
may be brought up to date.
(Ord. 90-02 § 1 (1.01.005))
A.
The
provisions of this code and all proceedings under it are to be construed
to effect its purposes and to promote justice.
B.
All
the provisions of this code and all other city ordinances shall be
interpreted to refer to the appropriate or designated officer or office
of the city, and whether an ordinance, uniform code, statute or other
matter which is adopted by reference refers to any department, officer,
employee, inspection, police or other functions, unless the context
requires otherwise, all references shall be to the appropriate or
designated office, officer, department, agency, employee or function
of the city, or to the person or agency performing the function for
the city.
(Ord. 90-02 § 1 (1.01.010))
This code shall refer only to the omission or commission of
acts within the territorial limits of the city or Temecula and that
territory outside of the city over which the city has jurisdiction
or control by virtue of the constitution, or any law, or by reason
of ownership or control of property.
(Ord. 90-02 § 1 (1.01.040))
All references in this code to places, acts, persons or things
and all else in relation to this code shall be construed to mean that
the same are applicable to this city, whether the city is mentioned
in each particular section or not.
(Ord. 90-02 § 1 (1.01.050))
Unless the provisions of this code otherwise specifically provide,
or the context if this code indicates to the contrary, the general
provisions, rules of construction and definitions set forth in this
chapter shall govern the construction of this code.
(Ord. 90-02 § 1 (1.01.100))
The 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.
(Ord. 90-02 § 1 (1.01.110))
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.
(Ord. 90-02 § 1 (1.01.130))
Whenever any reference in this code is made to an ordinance,
the reference shall apply to such ordinance of the city, unless this
code expressly provides otherwise. Whenever any reference is made
to any portion of this code or to any ordinances of this city, the
reference shall apply to all amendments and additions to this code.
(Ord. 90-02 § 1 (1.01.150))
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 purposes, 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.
(Ord. 90-02 § 1 (1.01.160))
