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.
"May"
means the act referred to is permissive.
"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."
"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.
"Shall"
means the act referred to is mandatory.
"State"
means the state of California.
"Written"
means any representation of words, letters or figures, whether
by printing or otherwise.
(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)