The following words and phrases, whenever used in the ordinances of the City of Santa Maria, 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:
"City" and "town" each
mean the City of Santa Maria, California, or the area within the territorial limits of the City of Santa Maria, California, 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 Santa Maria. "All its members" or "all Councilmembers" means the total number of Councilmembers holding office.
"County"
means the County of Santa Barbara.
"Day"
means the period of time between any midnight and the midnight following.
"Daytime"
is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
"Law"
denotes applicable federal law, the Constitution, and statutes of the State of California, the ordinances of the City of Santa Maria, 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 except in reference to acts or omissions of the City, Council, or any board, commission, officer, agent or employee of the City while acting in the course and scope of their duties or employment. Within this exception "must" and "shall" are directory only.
"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."
"Or" may be read "and," and "and" may be read "or,"
if the sense requires it.
"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.
"Peace officers"
signifies any one of the officers mentioned in Section 817 of the Penal Code of the State of California.
"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.
"Personal property"
includes money, goods, chattels, things in action, and evidences of debt.
"Preceding" and "following"
mean next before and next after, respectively.
"Property"
includes real and personal property.
"Real property"
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.
"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 to a sworn statement only when two witnesses so sign their own names thereto.
"State"
means the State of California.
"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.
"Tenant" and "occupant,"
applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.
"Week"
means seven consecutive days.
"Writing"
includes any form of a 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.
"Written"
includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visual form.
"Year"
means a calendar year.
(Ord. 84-1083 § 1, eff. 10/18/84; Prior Code § 1-2)
[1]
Editor's Note: Section 1-2.01 was amended by request of the City Attorney.
Use of the title of any officer, employee, department, board, or commission means that officer, employee, department, board, or commission of the City.
[1]
Editor's Note: Section 1-2.02 was added by request of the City Attorney.
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]
Editor's Note: Section 1-2.03 was added by request of the City Attorney.
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 future tenses and vice versa, unless manifestly inapplicable.
[1]
Editor's Note: Section 1-2.04 was added by request of the City Attorney.
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]
Editor's Note: Section 1-2.05 was added by request of the City Attorney.
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 unless otherwise specified.
(Prior Code § 1-2)
Except when otherwise provided, the time within which an act is required to be done shall be computed 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]
Editor's Note: Section 1-2.08 was added by request of the City Attorney.
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.
(Prior Code § 1-2)
The provisions of the ordinances of the City, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.
[1]
Editor's Note: Section 1-2.10 was added by request of the City Attorney.
Notwithstanding any other provision of the law, no City ordinance, resolution, policy, rule, or regulation with the force of law presently in effect, or hereafter adopted or enacted, will impose a mandatory duty upon the City, Council, or any board, commission, officer, agent, or employee of the City while acting in the course and scope of their duties or employment.
(Ord. 84-1083 § 2, eff. 10/18/84)