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HomeMy WebLinkAbout38.125 ORDINANCE NO. 38. 125 AN ORDINAI~CE OF THE CITY OF SARATOGA AMENDIG CIDER I Ol~ THE SARATOGA CrrY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION h Sections 1-2 and 1-5 in Chapter 1 of the Saratoga City Code are hereby repealed. The remaining Sections 1-1, 1-3, 1-4 and 1-6 in Chapter 1 shall constitute Article I of said Chapter, to be entitled "Title and Application of City Code". SECTION 2: Article II, entitled "Definitions", consisting of Sections 1-10 through 1-41, is hereby added to Chapter 1 of the City Code, to read as follows: "ARTICLE H. DEFINITIONS See, 1-10 Application of definitions The definitions set forth in this Article shall be applied throughout this Code, unless the context or the provision clearly requires otherwise. See. 1-11 Article "Article" means an article of the chapter in which the term occurs unless some other chapter is expressly mentioned. See, 1-12 Board of Supervisors "Board of Supervisors" means the Board of Supervisors of the County of Santa Clara, California. See, 1-13 Business day "Business day" means any day other than a holiday. -1- See, 1-14 Chapter "Chapter" means a chapter of this Code unless some other statute is expressly mentioned. See, 1-15 City, eity ball (a) "City" or "this eity' means the City of Saratoga. (b) "City Hall" means the offiees of the City located at 13777 Fruitvale Avenue, Saratoga, California. See, 1-16 Code "Code" or "this Code" means the Saratoga City Code. See. 1-17 Council, City Council "Council" or "City Council" means the City Council of the City of Saratoga. See. 1-18 County "County" means the County of Santa Clara, California. See. 1-19 Day "Day" means a calendar day consisting of the period of time between midnight and the midnight following. See. 1-20 Government Code "Government Code" means the Government Code of the State of California. See. 1-21 Holiday "Holiday" means every Saturday, Sunday, and such other days on which the city offices are closed in observance thereof. See. 1-22 In the city "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. -2- See. 1-23 Month "Month" means a calendar month. See. 1-24 Oath "Oath" includes an affirmation. See. 1-25 Oeeupant "Occupant", as applied to a building or land, means any person in actual or constructive possession of the whole or a part of such building or land, either alone or with others. See. 1-26 Owner "Owner" means a person holding any ownership interest in property, and includes part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of such property or any portion thereof. See. 1-27 Penal Code "Penal Code" means the Penal Code of the State of California. See, 1-28 Person "Person" includes any person, firm, association, organization, partnership, trust, eorporation or eompany. See, 1-29 Personal property "Personal property" includes every species of property, except real property as defined in this Article. See. 1-30 PLanning Commission "Planning Commission" means the Planning Commission of the City of Saratoga. See, 1-31 Preceding, following "Preceding" means next before and "following" means next after. -3- See. 1-3Z Property "Property" includes every species of real and personal property. See. 1-33 Real property "Real property" inclues lands, tenements and hereditaments. :See. 1-34 Section "Section" means a section of this Code, unless some other statute is expressly mentioned. See. 1-35 S~mll; may "Shall" is mandatory and "may" is permissive or discretionary. See, 1-36 Signed, signature "Signed" or "signature" includes a mark when the signer or subscriber cannot write, such signer~s or subseriber's name being written near the mark by a witness who writes his own name near the signer's or subseriber'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. See, 1-37 State "State" or "this state" means the State of California. See. 1-38 Tenant "Tenants`, as applied to a building or land, means any occupant of such building or land, or any portion thereof, pursuant to a written or verbal lease, or a lease implied by law. ]-39 Week "Week" means seven consecutive days. Se~ 1-40 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. -4- See. 1-41 Year "Year" means a calendar year, except where expressly provided otherwise. SECTION 2: Article III, entitled "Rules of Construction", consisting of Sections 1-42 through 1-52, is hereby added to Chapter 1 of the Cit. y Code, to read as follows: "ARTICLE III. RULES OF CONSTRUCTION See.. 1-42 Application of rules of construction The general rules of construction set forth in this Article shall be applied throughout this Code, unless the context or the provision clearly requires otherwise. See, 1-43 Headings in Code; effect Chapter, article and section headings are not part of and do not in any manner affect the scope, meaning or intent of the provisions of this Code. See, 1-44 Code references; inclusion of amendments, Whenever reference is made to any portion of this Code or any State law, the reference applies to all amendments and additions thereto now or hereafter made. See, 1-45 Official time Whenever certain hours are designated in this Code, they shall mean Pacific Standard Time or Pacific Daylight Savings Time, as may be in current use in the city. See, 1-46 Computation of time (a) The time in whieh any act provided by this Code is to be done is computed by excluding the first day and including the last. (b) Whenever any act is required by this Code to be performed on a particular day which day fsH~ upon a holiday, or within a specified period of time which ends on a holiday, the act may be performed on the next business day with the same effect as if it had been performed upon the day appointed. -5- See. 1-47 Public offieials; references All public offieials, officers, boards, commissions, departments and employees to which reference is made in this Code are those of the city unless otherwise indicated. See, 1-48 Public offieiA!-~. exercise of powers and duties by authorized representatives Whenever a power is granted to, or a duty is imposed upon, an officer or employee of the eity, the power may be exercised or the duty may be performed by a deputy or a duly authorized representative of such officer or employee, unless this Code expressly provides otherwise. See, 1-49 Joint authority; decision by majority Words giving a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons, unless the provision giving the authority expressly provides otherwise. See. 1-50 Number The singular number includes the plural, and the plural the singular. See. 1-51 Gander Words used in the masculine gender include the feminine and neuter. See. 1-52 Tense The present tense includes the past and future tenses, and the future includes the present. SECTIOI~ 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. -6- /J SECTION 5: This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 16~ day of Jann~r~ , 19 85 , by the following vote: AYES: Councilmembers Callon, Clevenger7 Hlava, and Mayor Fanelli N O E S: None ATTEST: // Mayor Clde~k~4~ cop 0f 0 ~-,.c,~ '~,'/2.~ which has been EiepUty City The above and foret~oino is .a true and correct -7-