Unless the provisions of this Code otherwise specifically provide,
or the context of this Code indicates to the contrary, the general
provisions, rules of construction, and definitions set forth in this
chapter shall govern the construction of this Code. The provisions
of this Code and all proceedings under it are to be construed with
a view to effect its objects and to promote justice.
The provisions of this Code, insofar as they are substantially
the same as existing ordinances relating to the same subject matter,
shall be construed as restatements and continuations and not as new
enactments.
All persons who, at the time this Code takes effect, hold office
under any of the ordinances repealed by this Code, which offices are
continued by this Code, shall continue to hold such offices in accordance
with the tenure originally granted such persons.
The title, chapter, article, and section headings contained
in this Code shall not be deemed to govern, limit, modify, or in any
manner affect the scope, meaning, or intent of the provisions of any
title, chapter, article, or section of this Code.
“Section” shall mean a section of this Code, unless
some other source is specifically mentioned. “Subsection”
shall mean a subsection of the section in which the term occurs, unless
some other section is expressly mentioned.
The provisions of this Code shall refer only to the omission
or commission of acts within the territorial limits of the City and
to that territory outside the City over which the City has jurisdiction
or control by virtue of the Constitution of the State or any law,
or by reason of ownership or control of property.
Whenever a power is granted to, or a duty is imposed upon, a
public officer or employee, the power may be exercised or the duty
may be performed by a deputy of such officer or employee or by a person
otherwise duly authorized pursuant to law or ordinance, unless this
Code expressly provides otherwise.
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, such notice, report,
statement, or record shall be made in writing in the English language,
unless this Code expressly provides otherwise.
Whenever any reference in this Code is made to an ordinance,
the reference shall apply to such ordinance of the City unless this
Code expressly provides otherwise. Whenever any reference is made
to any portion of this Code, or to any ordinance of the City, the
reference shall apply to all amendments and additions made to this
Code.
Whenever a notice is required to be given pursuant to the provisions
of this Code, unless different provisions are otherwise specifically
set forth in the text of the Code, such notice may be given either
by personal delivery thereof to the person to be notified or by deposit
in the United States mail in a sealed envelope, postage prepaid, addressed
to such person to be notified at his last known business or residence
address as such address appears in the public records of the City
or other records pertaining to the matter to which such notice is
directed. Service by mail shall be deemed to have been completed at
the time the notice is deposited in the post office.
Proof of giving any notice required to be given pursuant to
the provisions of this Code may be made by the certificate of any
officer or employee of the City or by the affidavit of any person
over the age of 18 years, which affidavit shows service in conformity
with the provisions of this Code or other provisions of law applicable
to the subject matter concerned.
When a limitation or period of time prescribed in any existing
ordinance or statute for acquiring a right or barring a remedy, or
for any other purpose, has begun to run before this Code goes into
effect, the time which has already run shall be deemed a part of the
time prescribed as such limitation.
For the purposes of this Code, unless otherwise apparent from
the context, certain words and phrases used in this Code are defined
as follows:
"Calendar year"
shall mean from January 1 through December 31 of any given
year.
"City"
shall mean the City of San Juan Capistrano.
"Council"
shall mean the City Council of the City of San Juan Capistrano.
"County"
shall mean the County of Orange.
"Fiscal year"
shall mean from July 1 of any given year through June 30
of the following year.
"Gender."
The masculine gender shall include the feminine and neuter
genders.
"Goods"
shall mean and include wares and merchandise.
"May"
shall be permissive.
"Month"
shall mean a calendar month, unless otherwise expressed.
"Number."
The singular number shall include the plural, and the plural
number shall include the singular.
"Oath"
shall include affirmation.
"Office."
The use of the title of any officer, employee, office, or
ordinance shall mean such officer, employee, office, or ordinance
of the City, unless otherwise specified.
"Official time standard."
Whenever certain hours are named in this Code, they shall
mean standard time or daylight saving time as may be in current use
in the City.
"Operate"
shall mean and include carrying on, keeping, conducting,
or maintaining.
"Owner,"
applied to a building or land, shall include any part owner,
joint owner, tenant, tenant in common, or joint tenant of the whole
or a part of such building or land.
"Person"
shall include any person, firm, company, corporation, partnership,
association, public corporation, political subdivision, city (except
the City of San Juan Capistrano), the County of Orange, any district
in the County of Orange, the State of California, or the United States
of America, or any department or agency of any thereof, unless this
Code expressly provides otherwise.
"Personal property"
shall include money, goods, chattels, things in action, and
evidences of debt.
"Property"
shall include real and personal property.
"Quarterly,"
where used to designate a period of time, shall mean the
first three calendar months of any given year or any succeeding period
of three calendar months.
"Sale"
shall include any sale, exchange, barter, or offer for sale.
"State"
shall mean the State of California.
"Street"
shall include all streets, highways, avenues, boulevards,
alleys, courts, places, squares, 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 the State.
"Tenant or occupant,"
applied to a building or land, shall include any person who
occupies the whole or a part of such building or land, whether alone
or with others.
"Tense."
The present tense shall include the past and future tenses,
and the future tense shall include the present tense.