Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Definitions and rules of construction.
1.04.020 Provisions considered as continuations of existing ordinances.
1.04.030 Effect of repeal of ordinances.
1.04.040 Severability of parts of code.
1.04.060 Catchlines of sections.
1.04.070 No duty of care imposed upon city.
1.04.080 Time provisions directory, except as otherwise required by state law, or this code.
1.04.010 Definitions and rules of construction.
In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with manifest intent of the city council or the context clearly requires otherwise:
A. City. The words “the city” or “this city” shall be construed as if followed by the words “of Galt.”
B. Code. The words “the code” or “this code” mean the code of the city of Galt, California.
C. Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last unless the last day is a holiday and then it is also excluded.
D. “Council” means the city council of the city of Galt.
E. County. The words “the county” or “this county” mean the county of Sacramento.
F. Day. A “day” is a period of time between any midnight and the midnight following.
G. Daytime, Nighttime. “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
H. Gender. The masculine gender includes the feminine and neuter.
I. “In the city” means and includes all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
J. Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
K. “Month” means a calendar month.
L. Number. The singular number includes the plural, and the plural the singular.
M. “Oath” includes affirmation.
N. Officer, Departments, etc. Officers, departments, boards, commissions and employees referred to shall mean officers, departments, boards, commissions and employees of the city of Galt unless the context clearly indicates otherwise.
O. Or, And. “Or” may be read “and,” and “and” may be read “or,” if the sense requires it.
P. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
Q. “Person” includes any person, firm, association, organization, partnership, business trust, corporation or company.
R. “Personal property” includes every species of property, except real property, as defined in this section.
S. Preceding, Following. The words “preceding” and “following” mean next before and next after, respectively.
T. “Process” includes a writ of summons issued in the course of judicial proceedings of either a civil or criminal nature.
U. “Property” includes real and personal property.
V. “Real property” includes lands, tenements and hereditaments.
W. Shall, May. “Shall” is mandatory and “may” is permissive.
X. Signature or Subscription by Mark. “Signature” or “subscription” includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name, but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
Y. State. The words “the state” or “this state” means the state of California.
Z. Tenant or Occupant. The words “tenant” or “occupant,” applied to a building or land, include any person holding a written or an oral lease of or who occupies, the whole or a part of such building or land, either alone or with others.
AA. Tenses. The present tense includes the past and future tenses, and the future includes the present.
BB. Week. A “week” consists of seven consecutive days.
CC. “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.
DD. “Year” means a calendar year except where otherwise provided. (Ord. 84-9 § 1 (part))
1.04.020 Provisions considered as continuations of existing ordinances.
The provisions appearing in this code, so far as they are the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments. (Ord. 84-9 § 1 (part))
1.04.030 Effect of repeal of ordinances.
A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. (Ord. 84-9 § 1 (part))
1.04.040 Severability of parts of code.
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (Ord. 84-9 § 1 (part))
1.04.050 Official time.
Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Saving Time as may be in current use in the city. (Ord. 84-9 § 1 (part))
1.04.060 Catchlines of sections.
The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (Ord. 84-9 § 1 (part))
1.04.070 No duty of care imposed upon city.
The provisions of this code are not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care towards persons and property within or without the city so as to provide a basis of civil liability for damages except as otherwise imposed by law. (Ord. 86-13 § 1)
1.04.080 Time provisions directory, except as otherwise required by state law, or this code.
Any provisions in this code governing the time within which an official is to act shall in all instances, except for notice requirements and as otherwise required by state law, be deemed directory rather than mandatory, unless otherwise specifically stated. (Ord. 86-13 § 2)