HomeMy WebLinkAboutORD NO 2582ORDINANCE NO. 2582
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING SECTIONS 1.16.040 THROUGH
1.16.120 TO CHAPTER 1.16 OF TITLE 1 OF THE
BAKERSFIELD MUNICIPAL CODE RELATIVE TO
DEFINITIONS AND RULES OF CONSTRUCTION APPLI-
CABLE TO THE BAKERSFIELD MUNICIPAL CODE.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Sections 1.16.040 through 1.16.120 are hereby added
to Chapter 1.16 of the Municipal Code to read as follows:
1.16.040 Definitions. The following words and phrases,
whenever used in the ordinances of the City of Bakersfield,
California, 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:
(a) "City" means the City of Bakersfield, California, or
the area within the territorial limits of the City of Bakerfield,
California, and such territory outside of the City over which the
City has jurisdiction or control by virtue of any constitutional
or statutory provision.
(b) "Council" means the City Council of the City of
Bakersfield. "All its members" or "all councilmen" means the
total number of councilmen holding office.
(c) "County" means the County of Kern.
(d) "Law" denotes applicable federal law, the Constitution
and statutes of the State of California, the ordinances of the
City of Bakersfield, and, when appropriate, any and all rules and
regulations which may be promulgated thereunder.
(e) "May" is permissive.
(f) "Month" means a calendar month.
(g) "Must" and "shall" are each mandatory.
(h) "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."
(i) "Owner," applied to a building or land, 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.
(j) "Person" includes a natural person, joint venture,
joint stock company, partnership, association, club, company,
corporation, business, trust, organization, or the manager,
lessee, agent, servant, officer or employee of any of them.
(k) "Personal property" includes money, goods, chattels,
things in action and evidences of debt.
(1) "Preceding" and "following" mean next before and next
after, respectively.
(m) "Property" includes real and personal property.
(n) "Real property" includes lands, tenements and heredita-
ments.
(o) "Sidewalk" means that portion of a street between the
curbline and the adjacent property line intended for the use of
pedestrians.
(p) "State" means the State of California.
(q) "Street" includes all streets, highways, avenues,
lanes, alleys, courts, places, squares, 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.
(r) "Tenant" and "occupant," applied to a building or land,
include any person who occupies the whole or a part of such
building or land, whether alone or with others.
(s) "Written" includes printed, typewritten, mimeographed,
multigraphed, or otherwise reproduced in permanent visible form.
(t) "Year" means a calendar year.
1.16.050 Title of Office. Use of the title of any officer,
employee, department, board or commission means that officer,
employee, department, board or commission of the City.
1.16.060 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.
1.16.070 Grammatical
rules shall apply in the
Interpretation. The following grammatical
ordinances of the City of Bakersfield,
unless it is apparent from the
tion is intended:
(a) Gender. Each gender
and neuter genders.
context that a different construc-
includes the masculine, feminine
(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.
1.16.080 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 requirement shall be construed
to include all such acts performed by an authorized agent.
1.16.090 Prohibited Acts Include Causing and Permitting. When-
ever in the ordinances of the City of Bakersfield, 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.
1.16.100 Computation of Time. Except when otherwise provided,
the time within which an act is required to be done shall be com-
puted by 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.
1.16.110 Construction. The provisions of the ordinances of
the City of Bakersfield, and all proceedings under them are to
be construed with a view to effect their objects and to promote
justice.
1.16.120 Repeal Shall Not Revive Any Ordinances. The repeal
of an ordinance shall not repeal the repealing clause of an
ordinance or revive any ordinance which has been repealed thereby.
SECTION 2.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
I
and adopted by the Council of the City of
meeting thereof held on the 10th day of
the following vote:
HEREBY CERTIFY that the foregoing Ordinance was passed
Bakersfield at a regular
December , 1980, by
CI io Clerk of the
Council of the~ity of Bakersfield
APPROVED this ]0th day o~ December
-' - -) Xrx-
YMAx~ the~Cit~ of Bakersfield
, 1980
APPROVED as to form:
CI ATTORNE~of the City of Bakersfield
Affi avi! of Ilosting (grilinanres
STATE OF CALIFORNIA, I
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on .....................?...~.~.~..m?. ~.r......~l..~. ......................................................., 19...8.?... he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ............ .I~.~..~.?..r~.~.~.~.....~..~ ..............................19.8....0......, which ordinance
was numbered[ ....... ~5~ .................New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD ADDING SECTIONS 1.16.040
THROUGH 1.16.120 TO CHAPTER 1.16 OF TITLE
1 OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE
TO DEFINITIONS AND RULES OF CONSTRUCTION
APPLICABLE TO THE BAKERSFIELD MUNICIPAL
CODE.
/
/ ' Cf9~ Cle[~k
Subscribed and sworn to before me this
1.6%.h..... day of ...D~.~.~.5919e~ .................,19 80