Davis Municipal Code/1.01.020

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Davis Municipal Code Chapter 1

GENERAL PROVISIONS

1.01.020 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 the manifest intent of the city council or the context clearly requires otherwise:

City.

The words "the city" or "this city" shall be construed as if followed by the words "of Davis."

Code.

The words "the Code" or "this Code" shall mean "The Code of the City of Davis, 1971," and any amendment or addition thereto.

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.

*For similar state law, see Gov. C., § 6800.

Council.

Whenever the words "city council" or "council" are used in this Code, they shall be construed to mean the city council of the City of Davis.

County.

The words "the county" or "this county" shall mean the County of Yolo.

Day.*

A day is the period of time between any midnight and the midnight following.

*For similar state law, see Gov. C., § 6806.

Daytime, Nighttime.*

"Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

*For similar state law, see Gov. C., § 6807.

Gender.*

Each gender designation shall be construed as including masculine, feminine and neuter. Alternating gender designations such as "he/she" shall also be construed as including the masculine, the feminine and the neuter gender.

*For similar state law, see Gov. C., § 12.

In the City.

The words "in the city" shall mean and include all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

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.

*See C. C., § 12.

Month.*

The word "month" shall mean a calendar month.

*For similar state law, see Gov. C., § 6804.

Number.*

The singular number includes the plural, and the plural the singular.

*For similar state law, see Gov. C., § 13.

Oath.*

"Oath" includes an affirmation.

*For similar state law, see Gov. C. § 15.

Officers, Departments, Etc.

Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Davis, unless the context clearly indicates otherwise.

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.

Owner.

The word "Owner," applied to a building or land, shall include 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.

Person.*

"Person" includes any person, firm, association, organization, partnership, business trust, corporation or company.

*For similar state law, see Gov. C., § 17; C. C.P., § 17.

Personal Property.*

Personal property includes every species of property, except real property, as defined in this section.

*See C. C., §§ 14, 663.

Preceding, Following.

The words "preceding" and "following" mean next before and next after, respectively.

Process*

includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

*For similar state law, see Gov. C., § 22.

Property.*

The word "property" shall include real and personal property.

*See C. C., § 14; C. C.P., § 17.

Real property*

shall include lands, tenements and hereditaments.

*See C. C., §§ 14, 658.

Shall, May.*

"Shall" is mandatory and "may" is permissive.

*For similar state law, see Gov. C., § .14

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/her 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.

*For similar state law, see Gov. C., § 16.

State.

The words "the state" or "this state" shall be construed to mean the State of California.

Street.

All streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the city which have been or may be dedicated and open to public use, or such other public property so designated in any law of this state.

Tenant or Occupant.

The words "tenant" or "occupant," applied to a building or land, shall 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.

Tenses.*

The present tense includes the past and future tenses, and the future includes the present.

*For similar state law, see Gov. C., § 11.

Week.*

A week consists of seven consecutive days.

*For similar state law, see Gov. C., § 6805.

Writing.*

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.

*For similar state law, see Gov. C., § 8.

Year.*

The word "year" shall mean a calendar year, except where otherwise provided. (Code 1964, § 1-2.01. )

*For state law definition of "year," see Gov. C., § 6803.

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