There is hereby adopted the "Buellton Municipal Code," as compiled,
edited and published by Quality Code Publishing Company, Seattle,
Washington.
(Ord. 95-02 § 1, 1995; Ord. 11-01 § 4, 2011)
This code shall be known as the "Buellton Municipal Code" and
it shall be sufficient to refer to the code as the "Buellton Municipal
Code" in any prosecution for the violation of any provision thereof
or in any proceeding at law or equity. It shall be sufficient to designate
any ordinance adding to, amending, correcting or repealing all or
any part or portion thereof as an addition to, amendment to, correction
or repeal of the "Buellton Municipal Code." References may be made
to the titles, chapters, sections and subsections of the "Buellton
Municipal Code" and such references shall apply to those titles, chapters,
sections or subsections as they appear in the code.
(Ord. 95-02 § 2, 1995)
Whenever a reference is made to this code as the "Buellton Municipal
Code" or to any portion thereof, or to any ordinance of the city of
Buellton, codified herein, the reference shall apply to all amendments,
corrections and additions heretofore, now or hereafter made.
(Ord. 95-02 § 3, 1995)
Title, chapter and section headings contained herein 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 or section
hereof.
(Ord. 95-02 § 4, 1995)
The provisions of this code shall not in any manner affect matters
of record which refer to, or are otherwise connected with ordinances
which are therein specifically designated by number or otherwise and
which are included within the code, but such reference shall be construed
to apply to the corresponding provisions contained within this code.
(Ord. 95-02 § 5, 1995)
All ordinances through 10-03 were included in this code. The
following ordinances passed prior to the adoption of this code are
adopted and made a part of this code:
(Ord. 95-02 § 6, 1995; Ord. 11-01 § 4, 2011)
The adoption of this code does not affect prosecutions for ordinance
violations committed prior to the effective date of this code, does
not waive any fee or penalty due and unpaid on the effective date
of this code, and does not affect the validity of any bond or cash
deposit posted, filed or deposited pursuant to the requirements of
any ordinance.
(Ord. 95-02 § 7, 1995)
If any section, subsection, sentence, clause or phrase of this
code is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of
this code.
(Ord. 95-02 § 8, 1995)
References in city forms, documents, and regulations to the
chapters and sections of the former city code shall be construed to
apply to the corresponding provisions contained within this code.
(Ord. 95-02 § 9, 1995)
The following words and phrases, whenever used in the ordinances
of the city of Buellton, 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 and phrases:
means the city of Buellton, or the area within the territorial
limits of the city, and such territory outside the city over which
the city has jurisdiction or control by virtue of any constitutional
or statutory provision.
means the city council of the city of Buellton. "All its
members" or "all councilmembers" means the total number of councilmembers
holding office.
means the county of Santa Barbara.
denotes the applicable federal law, the Constitution and
statutes of the state of California, the ordinances of the city, and
when appropriate, any and all rules and regulations which may be promulgated
thereunder.
is permissive.
means a calendar month.
are each mandatory.
includes an affirmation or declaration in all cases in which,
by law, an affirmative may be substituted for an oath, and in such
cases the words "swear" and "sworn" shall be equivalent to the words
"affirm" and "affirmed."
applied to a building or land, includes any part owner, joint
owner, tenant in common, joint tenant, tenant by the entirety, of
the whole or a part of such building or land.
includes a 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.
includes money, goods, chattels, things in action and evidences
of debt.
means next before and next after, respectively.
includes real and personal property.
includes lands, tenements and hereditaments.
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.
includes all streets, highways, avenues, lanes, alleys, courts,
places, squares, curbs, 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.
applied to a building or land, include any person who occupies
the whole or a part of such building or land, whether alone or with
others.
includes printed, typewritten, mimeographed, multigraphed,
or otherwise produced in permanent visible form.
means a calendar year.
(Ord. 95-03 § 2, 1995)
All words and phrases shall be construed 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.
(Ord. 95-03 § 2, 1995)
The following grammatical rules shall apply in the ordinances
of the city unless it is apparent from the context that a different
construction is intended:
A.
Gender.
Each gender includes the masculine, feminine and neuter genders.
B.
Singular
and Plural. The singular number includes the plural and the plural
includes the singular.
C.
Tenses.
Words used in the present tense include the past and future tenses
and vice versa, unless manifestly inapplicable.
(Ord. 95-03 § 2, 1995)
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 to include all such acts performed
by an authorized agent.
(Ord. 95-03 § 2, 1995)
Whenever in the ordinances of the city any act or omission is
made unlawful, it shall include causing, allowing, permitting, aiding,
abetting, suffering or concealing the fact of such act or omission.
(Ord. 95-03 § 2, 1995)
Except when otherwise provided, the time within which an act
is required to be done shall be computed by excluding the first day
and including the last day, unless the last day is Sunday or a holiday,
in which case it shall also be excluded.
(Ord. 95-03 § 2, 1995)
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.
(Ord. 95-03 § 2, 1995)
The repeal of an ordinance shall not repeal the repealing clause
of an ordinance or revive any ordinance which has been repealed thereby.
(Ord. 95-03 § 2, 1995)
