The following words and phrases whenever used in the ordinances of the City shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
"Agent"means a person acting on behalf of another.
"City/Town"means the City of Newman, County of Stanislaus, State of California, or the area within the territorial limits of the City of Newman, California, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision.
"Computation of time"means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day, and if the last day be Sunday or a legal holiday, that day shall be excluded.
"Council"means the City Council of the City of Newman, California. "All its members" or "all Councilmen" mean the total number of Councilmen provided by the general laws of the State of California.
"County"means the County of Stanislaus, California.
"Employees."Whenever reference is made in this Code to a City employee by title only, this shall be construed as though followed by the words "of the City of Newman."
"Fee"means a sum of money charged by the City for carrying on of a business, profession or occupation.
"Infraction"means any offense not punishable by imprisonment and for which a person charged shall not be entitled to a trial by jury nor to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance, or a deposit of bail.
"Knowingly"imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.
"Law"denotes applicable Federal law, the Constitution and statutes of the State of California, the ordinances of the City of Newman, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
"License"means the permission granted for the carrying on of a business, profession or occupation.
"Misdemeanor"means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.
"Nuisance"means anything offensive or obnoxious to the health and welfare of the inhabitants of the City, or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.
"Oath"shall be construed to include an affirmation or declaration 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."
"Occupant"applied to a building or land shall include any person who occupies the whole or any part of such building or land whether alone or with others.
"Offense"means any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.
"Ordinance"means a law of the City; provided, that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.
"Owner"applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.
"Person"means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
"Personal property"shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
"Retailer"as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.
"Right-of-way"shall mean the privilege of the immediate use of the roadway or other property.
"Sidewalk"means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
"State"means the State of California.
"Street"includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this 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 this State.
"Tenant" and "occupant"applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others.
Title of Office.Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of Newman.
"Wholesaler" and "wholesale dealer"as used in this Code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.
"Wilfully,"when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to acquire an advantage.
"Written"includes printed, typewritten, mimeographed or multigraphed.