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:
"The City" or "this City"
shall be construed as if followed by the words "of Claremont."
"The Code" or "this Code"
means "The Municipal Code of the City of Claremont, California."
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.
"The county" or "this county"
means the County of Los Angeles.
"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.
"Month"
means a calendar month.
Number.
The singular number includes the plural, and the plural the singular.
"Oath"
includes affirmation.
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.
"Or" may be read "and," and "and" may be read "or,"
if the sense requires it.
"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.
"Preceding" and "following"
mean next before and next after, respectively.
"Process"
includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
"Property"
includes real and personal property.
"Real property"
includes lands, tenements and hereditaments.
"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.
"The state" or "this state"
shall be construed to mean the State of California.
"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)