The ordinances embraced in the following chapters and sections
shall constitute and be designated "the code of the city of Manteca,
California" and may be so cited. Such code may also be cited as the
"Manteca Municipal Code."
(Prior code § 1-1; Amended
during 1988 codification)
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:
City.
"The city" or "this city" shall be construed as if followed
by the words "of Manteca."
Code.
"The code" or "this code" means the code of the city of Manteca,
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.
Whenever "council" is used in this code, it shall be construed
to mean the city council of the city of Manteca.
County.
"The county" or "this county" means the county of San Joaquin.
Day.
A day is the period of time between any midnight and the
midnight following.
Daytime, Nighttime.
"Daytime" is the period of time between sunrise and sunset.
"Nighttime" is the period of time between sunset and sunrise.
Gender.
The masculine gender includes the feminine and neuter.
In the City.
"In 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.
"Month" means a calendar month.
Number.
The singular number includes the plural, and the plural the
singular.
Oath.
"Oath" includes an affirmation.
Officers, Departments, Etc.
Officers, departments, boards, commissions and employees
referred to in this code means officers, departments, boards, commissions
and employees of the city of Manteca, unless the context clearly indicates
otherwise.
Official Time.
Whenever certain hours are named in this code, they mean
Pacific Standard Time or Daylight Saving Time, as may be in current
use in the city.
Or—And.
"Or" may be read "and," and "and" may be read "or," if the
sense requires it.
Owner.
"Owner," applied to a building or land, shall include any
part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by the entirety of the whole or of a part of
such building or land.
Person.
"Person" includes any person, firm, association, organization,
partnership, business trust, corporation or company.
Personal Property.
"Personal property" includes every species of property, except
real property, as defined in this section.
Process.
"Process" includes a writ or summons issued in the course
of judicial proceedings of either a civil or criminal nature.
Property.
"Property" includes real and personal property.
Real Property.
"Real property" includes lands, tenements and hereditaments.
Shall—May.
"Shall" is mandatory and "may" is permissive.
Signature or Subscription by Mark.
"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.
State.
"The state" or "this state" shall be construed to mean the
state of California.
Tenant or Occupant.
"Tenant" or "occupant," applied to a building or land, includes
any person holding a written or an oral lease of, or who occupies
the whole or a part of such building or land, whether 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.
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.
"Year" means a calendar year, except where otherwise provided.
(Prior code § 1-2)
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 catchlines of the several sections of this code printed
in boldface type are intended as mere catchwords to indicate the contents
of the sections and shall not be deemed or taken to be titles of such
sections, 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, are amended or reenacted.
(Prior code § 1-6)
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)