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.
"County"
means the county of Riverside.
"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.
"May"
is permissive.
"Month"
means a calendar month.
"Must" and "shall"
are each mandatory.
"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.
"Personal property"
includes money, goods, chattels, things in action and evidences of debt.
"Preceding" and "following"
mean next before and next after, respectively.
"Property"
includes real and personal property.
"Real property"
includes lands, tenements and hereditaments.
"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.
"Year"
means a calendar year.
(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)
A. 
Unless otherwise provided by state law, federal law or Title 17, proposed ordinances may only be initiated by any of the following:
1. 
Any member of the city council;
2. 
The city manager;
3. 
Any city department director; or
4. 
The housing authority manager.
B. 
Nothing in this chapter is intended to limit, modify or eliminate the voters' initiative rights as set forth in California Elections Code Sections 9200, et seq.
(Ord. 889 § 4, 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)