Chapter 1.10 RULES OF CONSTRUCTION

Title, division, chapter, article, section, and subsection headings contained herein shall not govern, limit, modify, or affect the scope, meaning, or intent of the provisions of this code. (1990 Code § 1-2101.)

1.10.030 Territorial limitations.

This code shall refer 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 virtue of the Constitution, or any law, or by reason of ownership or control of property. (1990 Code § 1-2102.)

1.10.040 Prohibited acts, including causing, permitting or suffering.

Whenever in this code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing such act or omission. (1990 Code § 1-2103.)

1.10.050 Acts by deputy.

Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised, or the duty may be performed, by a deputy or authorized representative of such officer or employee, or by a person otherwise duly authorized pursuant to law or ordinance, unless this code expressly provides otherwise. (1990 Code § 1-2104.)

1.10.060 Reference applies to amendments.

Whenever a reference is made to any portion of this code, or to any ordinances of this city, the reference applies to all amendments and additions now or hereafter made. (1990 Code § 1-2105.)

1.10.070 Writing, includes what.

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. (1990 Code § 1-2106.)

1.10.080 Notices, service of.

Whenever a notice is required to be given under this code, unless different provisions herein are otherwise specifically made, 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/her last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Notice by mail shall be deemed to have been completed at the time of deposit in the post office. (Amended during 2012 reformat. 1990 Code § 1-2107.)

1.10.090 Proof of notice.

Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of 18 years, which shows service in conformity with this code, or other provisions of law applicable to the subject matter concerned. (1990 Code § 1-2108.)

1.10.100 Tenses.

The present tense includes the past and future tenses, and the future includes the present. (1990 Code § 1-2109.)

1.10.110 Gender.

The masculine gender includes the feminine and neuter. (1990 Code § 1-2110.)

1.10.120 Number.

The singular number includes the plural, and the plural, the singular. (1990 Code § 1-2111.)

1.10.130 Words and phrases.

Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such other as may have acquired a peculiar and appropriate meaning at law, or are defined elsewhere in this code, are to be construed according to such peculiar and appropriate meaning or definition. (1990 Code § 1-2112.)

1.10.140 Technical words.

Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense. (1990 Code § 1-2113.)

1.10.150 Titles.

The use of the title of any officer, employee, office, board, commission, council, or ordinance shall mean such officer, employee, office, board, commission, council, or ordinance of the city, unless otherwise designated. (1990 Code § 1-2114.)

1.10.160 Shall and may.

“Shall” is mandatory and “may” is permissive. (1990 Code § 1-2115.)

1.10.170 Oath.

“Oath” includes affirmation. (1990 Code § 1-2116.)

1.10.180 Person.

“Person,” as used in this code or in any secondary code adopted hereby, includes any natural person, firm, corporation, organization, company, association, business trust, joint-stock company, partnership, joint venture, club, or the agent, servant, manager, officer, employee, or lessee of any of them, and any municipal, political, or governmental corporation, district, body, or agency, other than the city. (1990 Code § 1-2117.)

1.10.190 City.

“City” is the city of Fremont, California. (1990 Code § 1-2118.)

1.10.200 County.

“County” is the county of Alameda, California. (1990 Code § 1-2119.)

1.10.210 State.

“State” is the state of California. (1990 Code § 1-2120.)

1.10.220 Council.

“Council” is the city council of this city. (1990 Code § 1-2121.)

1.10.230 City manager.

“City manager” means the appointed official of the city who occupies the position as the chief administrative officer of the city. (1990 Code § 1-2122.)

1.10.240 Street.

“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, 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. (1990 Code § 1-2123.)

1.10.250 Owner.

“Owner,” applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, joint tenant, or purchaser under contract of the whole or a part of such building or land. (1990 Code § 1-2124.)

1.10.260 Tenant or occupant.

“Tenant” or “occupant,” applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others. (1990 Code § 1-2125.)

1.10.270 Sale.

“Sale” includes any sale, exchange, barter, or offer for sale. (1990 Code § 1-2126.)

1.10.280 Goods.

“Goods” includes wares or merchandise. (1990 Code § 1-2127.)

1.10.290 Operate.

“Operate” includes carry on, keep, conduct or maintain. (1990 Code § 1-2128.)