Chapter 1.04
GENERAL PROVISIONS

Sections:

1.04.010    Citation.

1.04.020    Definitions.

1.04.030    Interpretation of language.

1.04.040    Grammatical interpretation.

1.04.050    Acts by agents.

1.04.060    Prohibited acts to include causing and permitting.

1.04.070    Computation of time.

1.04.080    Construction.

1.04.090    Effect of repeal of ordinances.

1.04.100    Existing ordinances to continue.

1.04.110    Effect of catchlines.

1.04.120    Severability of provisions.

1.04.130    Notices—Certified mail deemed compliance.

1.04.010 Citation.

The ordinances embraced in the following chapters and sections shall constitute and be designated “The Code of the City of San Jacinto, California,” and may be so cited. The code may also be cited as the “San Jacinto Municipal Code.” (Prior code § 1.04.010)

1.04.020 Definitions.

The following words and phrases, whenever used in the ordinances of the city of San Jacinto, 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:

“City” means the city of San Jacinto, or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

“Council” means the city council of the city of San Jacinto. “All its members” or “all council members” means the total number of councilmembers holding office.

“County” means the county of Riverside.

“Law” denotes applicable federal law, the Constitution and statutes of the state of California, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

“May” is permissive.

“Month” means a calendar month.

“Must” and “shall” are each mandatory.

“Oath” includes 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.”

“Owner” applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.

“Person” means and includes a natural person, joint ventures, 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” means and includes money goods, chattels, things in action and evidence of debt.

“Preceding” and “following” mean next before and next after, respectively.

“Property” means and includes real and personal property.

“Real property” means and includes lands, tenements and hereditaments.

“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” means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the 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, mean and include any person who occupies the whole or a part of such building or land, whether alone or with others.

“Written” means and includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

“Year” means a calendar year. (Ord. 1053 § 1, 1998: prior code § 1.04.020)

1.04.030 Interpretation of language.

All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 1053 § 2, 1998)

1.04.040 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the city unless it is apparent from the context that a different construction is intended:

A.    Gender. Each gender includes the masculine, feminine and neuter genders.

B.    Singular and Plural. The singular number includes the plural and the plural includes the singular.

C.    Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 1053 § 3, 1998)

1.04.050 Acts by agents.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirements shall be construed to include all such acts performed by an authorized agent. (Ord. 1053 § 4, 1998)

1.04.060 Prohibited acts to include causing and permitting.

Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 1053 § 5, 1998)

1.04.070 Computation of time.

Except when otherwise provided, the time within which an act is required to be done shall be computed to excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 1053 § 6, 1998)

1.04.080 Construction.

The provision of the ordinances of the city, and all proceedings under them, are to be construed with a views to effect their objects and to promote justice. (Ord. 1053 § 7, 1998)

1.04.090 Effect of repeal of ordinances.

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 1053 § 8, 1998: prior code § 1.04.040)

1.04.100 Existing ordinances to continue.

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. (Prior code § 1.04.030)

1.04.110 Effect of catchlines.

The catchlines of the several sections of this code 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. (Prior code § 1.04.050)

1.04.120 Severability of provisions.

It is 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. (Prior code § 1.04.060)

1.04.130 Notices—Certified mail deemed compliance.

Whenever any notice or other communication is required by any law or ordinance to be mailed by registered mail to or by the city or any officer or agency thereof, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with requirements of such law or ordinance. (Prior code § 1.04.070)