The following words and phrases, whenever used in the ordinances
of the city of Rancho Mirage, 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"
each mean the city of Rancho Mirage, California, or the area
within the territorial limits of the city of Rancho Mirage, California,
and such territory outside of the city over which the city has jurisdiction
or control by virtue of any constitutional or statutory provision.
"Council"
means the city council of the city of Rancho Mirage. "All
its members" or "all councilmen" means the total
number of councilmen holding office.
"Law"
denotes 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.
"Oath"
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" are equivalent
to the words "affirm" and "affirmed."
"Owner,"
applied to a building or land, includes any part owner, joint
owner, tenant in common, joint tenant by the entirety, of the whole
or a part of such building or land.
"Person"
includes a natural person, joint venture, joint stock company,
partnership, association, club, corporation, business, trust, organization,
or the manager, lessee, agent, servant, officer or employee of any
of them.
"Sidewalk"
means that portion of a street between the curbline 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 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.
"Tenant" and "occupant,"
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.
"Written"
includes printed, typewritten, mimeographed, multigraphed,
or otherwise reproduced in permanent visible form.
(Ord. 110 § 1, 1976; Ord. 889 § 3, 2004)
Use of the title of any officer, employee, department, board
or commission means that officer, employee, department, board or commission
of the city.
(Ord. 110 § 2, 1976; Ord. 889 § 3, 2004)
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. 110 § 3, 1976; Ord. 889 § 3, 2004)
The city attorney shall be responsible for preparing and framing
all proposed ordinances.
(Ord. 889 § 4, 2004)
A. No ordinance
shall be deemed effective unless the city attorney determines that
the city has the authority to adopt the proposed ordinance, that the
proposed ordinance is constitutionally valid under the state and federal
constitutions, and that the proposed ordinance is consistent with
the general powers and purposes of the city, the city's charter,
ordinances approved by the voters, and any applicable federal and/or
state laws.
B. No ordinance
shall be deemed effective unless the city attorney approves the legal
form of the ordinance.
(Ord. 838 § 2, 2003; Ord. 889 § 4,, 2004)
All ordinances shall have a title for ease of reference and
to allow for a waiver of the reading of the entire ordinance for adoption.
(Ord. 838 § 2, 2003)
All ordinances shall adequately describe the substantive provisions
of the respective ordinance in the title of the ordinance and the
city council may repeal any provision of an ordinance that was not
properly described in the title of the respective ordinance.
(Ord. 838 § 2, 2003)
All ordinances shall address a single subject matter and the
city council may repeal any provision of an ordinance that addresses
a subject matter unrelated to the predominant subject matter of the
particular ordinance.
(Ord. 838 § 2, 2003)
Unless otherwise provided by state law, federal law or Title
17, proposed ordinances must be processed as follows:
A. All
proposed ordinances initiated by a department director or housing
authority manager shall be submitted to the city manager for his or
her review prior to submitting the proposed ordinance, subject to
any applicable public hearing and/or environmental review requirements,
to the city council for its consideration; and
B. All
proposed ordinances initiated by the city manager or a city council
member shall be submitted directly to the city council for its consideration
subject to any applicable public hearing and/or environmental review
requirements.
(Ord. 889 § 4, 2004)
All ordinances shall specifically identify where the substantive
provisions of an ordinance shall be placed in the Municipal Code.
(Ord. 838 § 2, 2003; Ord. 889 § 4, 2004)
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 the future tenses
and vice versa, unless manifestly inapplicable.
(Ord. 110 § 4, 1976)
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. 110 § 5, 1976)
Whenever in the ordinances of the city any act or omission is
made unlawful, it includes causing, allowing, permitting, aiding,
abetting, suffering, or concealing the fact of such act or omission.
(Ord. 110 § 6, 1976)
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 a Sunday or a holiday,
in which case it shall also be excluded.
(Ord. 110 § 7, 1976)
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. 110 § 8, 1976)
The repeal of an ordinance shall not repeal the repealing clause
of an ordinance or revive any ordinance which has been repealed thereby.
(Ord. 110 § 9, 1976)
Whenever any ordinance, official advertising, notice, resolution,
order, or other matter of any nature whatsoever is required by law
to be published, such publication shall be made in a manner consistent
with the publication provisions of the California
Government Code
and the Municipal Code and any additional publication requirements
that may be imposed by the city council on a case-by-case basis.
(Ord. 111 § 1, 1976; Ord. 309 § 1, 1985; Ord. 917 § 2, 2006)