Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.030 Grammatical interpretation.
1.04.070 Prohibited acts include causing, permitting or suffering.
1.04.100 Repealed.
1.04.120 Acts of officers, agents, or employees directory.
1.04.010 Citation.
This code may be cited as the municipal code of the city of Benicia. It may be so cited in any prosecution for violation of this code. An ordinance amending this code may be designated as an amendment to the municipal code of the city of Benicia. Every reference to this code or any portion of this code applies to this code as now or hereafter amended. (Prior code § 1-201).
1.04.020 Definitions.
In this code, unless the context otherwise requires, the following terms shall be defined as follows:
A. "City" means the city of Benicia.
B. "City administrator" means the appointed official of the city who occupies the position as chief administrative officer of the city.
C. "City council" means the city council of the city of Benicia.
D. "County" means the county of Solano.
E. "Oath" means and includes affirmation.
F. "Owner" as applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part.
G. "Person" means and includes an individual, firm, association, organization, partnership, business trust, company or corporation.
H. "Shall" is mandatory; "may" is permissive.
I. "State" means the state of California.
J. "Street" means and includes a highway, avenue, lane, alley, court, place, square, curb, and other public way in the city which is dedicated and open to public use. "Street" also includes such other public property designated as such by law.
K. "Tenant" or "occupant" applied to a building or land means and includes a person who occupies the whole or part of the building or land, whether alone or with others. (Prior code §§ 1-202, 1-206).
1.04.030 Grammatical interpretation.
A. The present tense includes the past and future tenses, and the future, the present.
B. The masculine gender includes the feminine and neuter.
C. The singular number includes the plural, and the plural, the singular. (Prior code §§ 1-203, 1-204, 1-205).
1.04.040 Applicability.
This code refers only to the omission or commission of acts within the territorial limits of the city and to that territory outside of the city over which the city has jurisdiction or control by the Constitution, law or ownership or control of property. (Prior code § 1-209).
1.04.050 Effect of headings.
Title, chapter, article and section headings shall not govern, limit, modify or affect the scope, meaning or intent of this code. (Prior code § 1-208).
1.04.060 Construction.
The provisions of this code and all proceedings under it shall be construed with a view to effect its objects and to promote justice. (Prior code § 1-207).
1.04.070 Prohibited acts include causing, permitting or suffering.
Whenever in this code an act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission. (Prior code § 1-210).
1.04.080 Acts of deputies.
Where this code grants a power to a public officer or employee or imposes a duty on him, the power may be exercised or the duty performed by his deputy or employee or by any person authorized by law or ordinance, unless the code specifically provides otherwise. (Prior code § 1-211).
1.04.090 Notices.
Where the code requires that notice be given, unless the code specially 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 is considered served at the time of deposit in the United States mail. (Prior code § 1-212).
1.04.100 Appeal.
Repealed by Ord. 07-11. (Prior code § 1-214).
1.04.110 Severability.
If a title, division, chapter, section, subsection, paragraph, sentence, clause, or phrase of this code is held invalid or unconstitutional for any reason, that holding does not affect the validity or constitutionality of the remainder of this code. The city council declares that it would have adopted each part of this code irrespective of the validity of any other part. (Prior code § 1-213).
1.04.120 Acts of officers, agents, or employees directory.
Any provision of this code or any ordinance, ordinance adopting uniform codes by reference, resolution, rule, or other regulation which governs the conduct of the city, or any of its officers, agents or employees, shall in all instances be deemed to be directory, rather than mandatory. It is the intent of this section to preserve the immunities provided by the Tort Claims Act and not to impose on the city or its officers, agents or employees, a mandatory duty of care toward persons and property so as to provide a basis of civil liability for damages. (Ord. 85-19 N.S. § 1, 1985).