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 construed with a view to effect its objects and to promote justice.
(Prior code § 1-2.01)
Whenever a reference is made to any portion of this code, or to any ordinances of the city, the reference applies to all amendments and additions now or hereafter made.
(Prior code § 1-2.02)
Whenever any reference is made to an ordinance, the reference shall apply to such ordinance of the city unless otherwise specifically provided. "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.
(Prior code § 1-2.03)
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.
(Prior code § 1-2.04)
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
(Prior code § 1-2.05)
Neither the adoption of this code nor the repeal hereby of any ordinance of this city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to its adoption, nor be construed as a waiver of any license or penalty due and unpaid under such ordinances, nor construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
(Prior code § 1-2.06)
The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code.
(Prior code § 1-2.07)
All ordinances of the city in force upon the effective date of this code are repealed, provided however, that insofar as the provisions of this code are the same in substance and effect and relate to the same subject matter as ordinances in force upon the effective date of this code, such provisions of this code shall be construed as restatements and continuations and not new enactments; and that special or temporary ordinances, continue in full force and effect.
(Prior code § 1-2.08)
Whenever a power is granted to, or 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 when by contract with the city such officer is obligated and has agreed to perform certain duties on behalf of the city, unless this code expressly provides otherwise.
(Prior code § 1-2.09)
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 them according to their former tenure.
(Prior code § 1-2.10)
Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made in this 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 the same appears in the public records of the city of 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 of deposit in the post office and in accordance with Code of Civil Procedure Section 1013 (service of notices) and Section 415.30 (service of summons).
(prior code § 1-2.11; Ord. 2003-06 § 1)
Proof of giving any notice may be made by the certificate of any officer or employee of the city, or be affidavit of any person over the age of eighteen (18) years, which shows service in conformity with this code, or other provision of law applicable to the subject matter concerned.
(Prior code § 1-2.12)
The following definitions and rules of construction shall apply to this code and to all ordinances of the city unless such construction or definition would be inconsistent with the manifest intent of the council or the context clearly requires otherwise:
"Barbershop," "barber," "beauty parlor," "cosmetology"
shall be defined in the Health & Safety Code.
"City",
means the city of Winters, in its present form, or in a later reorganized, consolidated or reincorporated form.
Clerk.
Whenever the words "clerk" or "city clerk" are used, they shall mean the city clerk of the city of Winters.
Codes.
The term "this code" shall refer to the Winters Municipal Code. When the proper name of any other code is given, and the responsible political entity is not given, it shall refer to such code of the state.
Computation of time. Time shall be computed as in the Government Code, Section 6800 et. seq.
Council.
Whenever the words "city council" or "council" are used they shall mean the city council of the city of Winters.
"County"
means Yolo County.
Gender.
The masculine includes the feminine and neuter.
"Goods"
includes wares, merchandise and other tangible items of value.
"Grantee"
means any person to which a franchise is granted, and its successors and assigns.
"Itinerant merchant"
means any person who maintains a stock of goods at and sells goods retail from a premises in the city for a period of less than six months.
"Junk yard" or "junk business"
means a lot, yard or place wherein automobiles, trucks, tractors or any kind of machinery is disassembled, wrecked and/or reduced to junk for the purpose of accumulation and/or sale or disposition thereof as junk or for any other purpose or in any manner other than for sale or disposition in its original assembled condition, form or state.
"Legal authority"
means the Winters police department.
Manager.
Whenever the words "manager" or "city manager" are used, they shall mean the city manager of the city of Winters.
Number.
The singular includes the plural, and the plural the singular.
Occupant.
When applied to a building or land, the word "occupant" includes any adult residing therein at the specific time of an action.
"Occupation"
includes profession, trade, calling, business, or other activity conducted for personal profit.
Officers, departments, etc. Officers, departments, boards, commissions, and employees referred to in this code shall mean officers, departments, boards, commissions, and employees of the city of Winters.
Owner.
When applied to a building or land, the word "owner" includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or a part of such building or land.
"Park and recreational area"
means any public area devoted to open space or recreational uses.
"Peddler"
means any person not having a regularly established place of business in the city who goes from house to house, place to place, has a stand in any street or doorway of any unoccupied room or building, or operates from a vehicle, who sells or offers for sale any goods in his or her possession. The term "peddler" does not apply to persons who peddle only to regularly established places of business.
"Person"
includes any person, firm, association, organization, partnership, business trust, corporation or company, acting for himself or herself as principle, or as agent, clerk, or employee.
"Premises"
include any lot, parcel of land, building, or business establishment.
"Public area," "public place," or "highway"
means any publicly owned area to which the public normally has access.
"Refuse"
includes all matter and materials which are rejected by owners or producers thereof as offensive or useless. It includes garbage, trash, grass clippings, and tree prunings. It shall not include concrete, sod, dirt or tires.
"Regular licensed theater"
means a regularly established business whereat the showing of motion pictures is the primary activity
"Regularly established place of business" or "place of business"
means a business having a fixed location in the city, or a person who delivers goods sold outside the city to locations in the city on a regular basis, and has a business license or valid exemption from the city.
"Sewage"
means a combination of liquid or water carried human waste conducted away from residences, business and institutions, which is known as domestic sewage, together with the liquid or water carried waste resulting from a manufacturing process employed in industrial establishments, including the washing, cleaning, or drain water from such process, which is known as industrial waste.
Shall and May.
"Shall" is mandatory and "may" is permissive.
"Solicitor"
means any person who goes from house to house, place to place, or on any street selling or taking orders for goods for future delivery, or for services in exchange therefor. The term "solicitor" does not apply to persons who sell to or solicit orders from established businesses only.
"Speaker"
means any device which amplifies the human voice or other sounds, whether electrical, mechanical or otherwise.
"State"
means the state of California.
"Street"
shall include public streets, lanes, ways, alleys, courts, sidewalks, and public areas exclusive of parks and recreational areas.
"Superintendent" or "Superintendent of water department"
means the superintendent of public works, unless some other official is designated by the council from time to time.
Tenses.
The present tense includes the past and future tenses, and the future tense includes the present.
Time.
Units of time are defined as in the Government Code.
"Vehicle"
shall include any automobile, truck, airplane, motorcycle, tractor, cart, trailer, wagon, or other means of transportation or conveyance, excluding bicycles and trains.
"Water department"
means the public works department or a subdivision thereof.
"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.
(Prior code § 1-2.13)