The ordinances embraced in the following chapters and sections
shall constitute and be designated "The Municipal Code of the City
of Claremont, California," and may be so cited.
(Prior code § 1.1)
In the construction of this Code and of all ordinances of the
City, the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of the City Council
or the context clearly requires otherwise:
Computation of Time.
The time in which any act provided by law is to be done is
computed by excluding the first day and including the last, unless
the last day is a holiday and then it is also excluded.
"Council"
means the City Council of the City of Claremont, California.
"Day"
means the period of time between any midnight and the midnight
following.
"Daytime"
means the period of time between sunrise and sunset. "Nighttime"
means the period of time between sunset and sunrise.
Department, Board, Commission, Office, Officer or Employee.
Whenever any department, board, commission, office, officer
or employee is referred to, it means a department, board, commission,
office, officer or employee of the City, unless the context clearly
indicates otherwise.
Gender.
The masculine gender includes the feminine and neuter.
"In the City" or "within the City"
means and includes all territory over which the City now
has, or shall hereafter acquire, jurisdiction for the exercise of
its police powers or other regulatory powers.
Joint Authority.
All words giving a joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
Number.
The singular number includes the plural, and the plural the
singular.
Official Time.
Whenever certain hours are named herein, they shall mean
Pacific Standard Time or Daylight Saving Time, whichever may be in
current use in the City.
"Person"
includes any person, firm, association, organization, partnership,
business trust, corporation or company.
"Personal property"
includes every species of property, except real property
as herein defined.
"Process"
includes a writ or summons issued in the course of judicial
proceedings of either a civil or criminal nature.
"Roadway"
is that portion of a highway improved, designed or ordinarily
used for vehicular travel.
"Shall"
is mandatory and "may" is permissive.
"Sidewalk"
means that portion of a highway, other than the roadway,
set apart for pedestrian travel.
"Signature" or "subscription"
includes a mark when the signer or subscriber cannot write,
such signer's or subscriber's name being written near the mark by
a witness who writes his or her own name near the signer's or subscriber's
name; but a signature or subscription by mark can be acknowledged
or can serve as a signature or subscription to a sworn statement only
when two witnesses so sign their own names thereto.
"Street" or "highway"
means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
"Tenant" or "occupant,"
applied to a building or land, includes any person holding
a written or oral lease of, or who occupies, the whole or a part of
such building or land, either alone or with others.
Tenses.
The present tense includes the past and future tenses, and
the future includes the present.
Week.
A week consists of seven consecutive days.
"Writing"
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, it shall be made in
writing in the English language unless it is expressly provided otherwise.
"Year"
means a calendar year, except where otherwise provided.
"Park" or "parking"
means the standing of a vehicle, where occupied or not, otherwise
than temporarily for the purpose of, and while engaged in loading
and unloading merchandise or passengers.
"Vehicle"
means a device by which any person or property may be propelled,
moved, or drawn upon a highway, street, alley or road excepting a
device moved exclusively by human power or used exclusively upon stationary
rails or tracks.
"Code enforcement official"
means a City employee who has been designated by the City
Manager and trained to enforce designated portions of this Code and
to issue citations for violations of designated portions of this Code.
"Parking enforcement official"
means a City employee designated by the City Manager to issue
parking citations for violations of the state parking laws and the
municipal parking laws.
(Prior code § 1.2; 89-16)
The provisions appearing in this Code, so far as they are the
same as those of ordinances existing at the time of the effective
date of this Code, shall be considered as continuations thereof and
not as new enactments.
(Prior code § 1.3)
The repeal of an ordinance shall not revive any ordinances in
force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or
penalty incurred before the repeal took effect, not any suit, prosecution
or proceeding pending at the time of the repeal, for any offense committed
under the ordinance repealed.
(Prior code § 1.4)
It is declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this Code
are severable, and if any phrase, clause, sentence, paragraph or section
of this Code shall be declared unconstitutional by the valid judgment
or decree of a court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Code.
(Prior code § 1.5)
The catchlines of the several sections of this Code are intended
as mere catchwords to indicate the contents of the section, and shall
not be deemed or taken to be titles of such section, nor as any part
of the section, nor, unless expressly so provided, shall they be so
deemed when any of such sections, including the catchlines, is amended
or reenacted.
(Prior code § 1.6)