This codification of ordinances by and for the city of Lathrop shall be designated as the Lathrop Municipal Code and may be so cited.
(Prior code § 10.01)
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.
(Prior code § 10.02)
All provisions of this title, compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
(Prior code § 10.03)
Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
(Prior code § 10.04)
A. 
General Rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
B. 
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"City," "municipal corporation" or "municipality"
means the city of Lathrop, California.
"Code," "this code" or "this code of ordinances"
means this city code as modified by amendment, revision and adoption of new titles, chapters or sections.
"County"
means San Joaquin County.
"May"
means the act referred to is permissive.
"Month"
means a calendar month.
"Oath"
means an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
"Officer," "office," "employee," "commission" or "department"
means an officer, office, employee, commission or department of this city unless the context clearly requires otherwise.
"Person"
extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms "person" or "whoever" as applied to any unincorporated entity shall mean the partners or members thereof and as applied to corporations, the officers or agents thereof.
"Preceding" and "following"
mean next before or next after, respectively.
"Shall"
means the act referred to is mandatory.
"Signature" or "subscription"
includes a mark when the person cannot write.
"State"
means the state of California.
"Written"
means any representation of words, letters or figures, whether by printing or otherwise.
"Year"
means a calendar year.
(Prior code § 10.05)
The construction of all ordinances of this city shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:
A. 
And or Or. Either conjunction shall include the other as if written "and/or," if the sense requires it.
B. 
Acts by Assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.
C. 
Gender—Singular and Plural—Tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
D. 
General Term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
(Prior code § 10.06)
If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
(Prior code § 10.07)
Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
(Prior code § 10.08)
Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this city exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
(Prior code § 10.09)
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
(Prior code § 10.10)
The official time, as established by applicable state/federal laws, shall be the official time within this city for the transaction of all city business.
(Prior code § 10.11)
A. 
In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
B. 
The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day be Sunday, it shall be excluded.
(Prior code § 10.12)
This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced. All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
(Prior code § 10.13)
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
(Prior code § 10.14)
All ordinances passed by the legislative body requiring publication shall take effect from and after the due publication thereof, unless otherwise expressly provided. Ordinances not requiring publication shall take effect from their passage, unless otherwise expressly provided.
(Prior code § 10.15)
A. 
Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the due publication of the ordinance repealing or modifying it when publication is required to give effect thereto, unless otherwise expressly provided.
B. 
No suit, proceedings, right, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in anyway be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
C. 
When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided.
(Prior code § 10.16)
A. 
If the legislative body shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
B. 
Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
(Prior code § 10.17)
Every person who causes, aids, abets or induces a violation of this code or conceals the fact of a violation of this code is guilty of violating this code.
(Prior code § 10.19)
Citations shall be issued in accordance with applicable provisions of the penal code.
(Prior code § 10.20)
Unless otherwise provided by this code of ordinances, in addition to the penalties provided by this code, this code may be enforced by civil action. Any condition existing in violation of any section of this code is a public nuisance, and may be abated by the city.
(Prior code § 10.21)
Whenever any section of this code requires that notice be given, unless the section specifically provides otherwise, notice shall be given in writing and may be delivered either personally or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business or residence address appearing in the public records or in other records of the matter for which notice is given. Notice by mail shall be deemed served at the time of deposit in the United States mail.
(Prior code § 10.22)
Unless otherwise provided by any section of this code, proof of the giving of any notice may be made by the certificate of any officer or employee of this city, or by the affidavit of any person more than 18 years of age. The certificate or affidavit shall show service conforming to the provisions of this code or other applicable state law.
(Prior code § 10.23)