Chapter 1.04
GENERAL PROVISIONS
1.04.010 Code designation and citation.
1.04.020 Definitions.
1.04.030 Rules of construction.
1.04.040 Provisions considered continuations of existing ordinances.
1.04.050 Effect of repeal of ordinances.
1.04.060 Severability.
1.04.070 Catchlines.
1.04.080 Exercise of power by assistant or deputy.
1.04.090 Datum plane.
1.04.010 Code designation and citation.
The ordinances embraced in the following chapters and sections shall constitute and be designated as "The Municipal Code of the City of Glendale, California, 1995" and may be so cited. Such code may also be cited as the "Glendale Municipal Code, 1995." (Prior code º 1-1)
1.04.020 Definitions.
In the construction of this code and of all ordinances of the city, the following words shall have the meanings ascribed to them, unless such construction would be inconsistent with the manifest intent of the council or the context clearly requires otherwise:
"City"* means the city of Glendale, California.
"Code" means "The Municipal Code of the City of Glendale, California, 1995."
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.
"Council" means the council of the city of Glendale.
"County" means the county of Los Angeles, California.
"Day" means the period of time between any midnight and the midnight following.
"Daytime" means the period of time between sunrise and sunset.
Department, Division, Board or Officer.** Every department, division, board or officer, whenever either is mentioned in this code, means a department, division, board or officer, as the case may be, of the city of Glendale.
"Health officer" means and includes the health officer of the city and his or her deputies, and the county health officer and his or her deputies whenever the city has entered into a contract with the county for the performance by health officers or other employees of the county of public health services.
"In the city" or "within the city" means all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
"Nighttime" means the period of time between sunset and sunrise.
"Oath" means and includes affirmation.
Or, And. "Or" may be read "and," and "and" may be read "or," if the sense requires it.
"Owner," when applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land or any person named in Section 682 of the State Civil Code.
"Person" means and includes any person, firm, association, organization, partnership, business trust, corporation or company.
"Personal property" means and includes every species of property, except real property, as defined in this section.
"Preceding" means next before; "following" means next after.
"Premises" means and includes any building, structure, place, lot or parcel of land or any number of contiguous lots or parcels of land, in the possession or control of any person or in the joint or common possession or control of more than one person.
"Process" means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
"Property" means and includes real and personal property.
"Real property" means the same as the definition contained in Section 658 of the State Civil Code.
"Signature" or "subscription by mark" means and 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 or 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.
"State" means the state of California.
"Tenant" or "occupant," applied to a building or land, means and includes 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.
"Week" consists of seven consecutive days.
"Writing" means and 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. (Prior code ºº 1-2-1-10, 1-12-1-13, 1-15, 1-17-1-24, 1-26-1-28, 1-30, 1-31)
* For charter provision defining "city," see Charter, Art. XXIII, º 3.
** For similar charter provisions, see Charter, Art. XXIII, º 3.
1.04.030 Rules of construction.
A. Gender. For the purposes of this code, the masculine gender shall include the feminine and the neuter.
B. Number. The singular number includes the plural and the plural includes the singular.
C. Official Time. Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Savings Time as may be in current use in the city.
D. Shall and May. "Shall" is mandatory and "may" is permissive.
E. Tense. The present tense includes the past and future tenses and the future includes the present tense. (Prior code ºº 1-11, 1-14, 1-16, 1-25, 1-29)
1.04.040 Provisions considered continuations of existing ordinances.*
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 º 1-32)
* For charter provisions as to continuation of ordinances and resolutions in force, see Charter, Art. XXIII, º 18.
1.04.050 Effect of repeal of ordinances.
A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. (Prior code º 1-33)
1.04.060 Severability.*
It is declared to be the intention of the 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 º 1-34)
* For charter provisions as to severability of charter, see Charter, Art. XXIII, º 23.
1.04.070 Catchlines.
The catchlines of the several sections of this code printed in bold-face type 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 º 1-35)
1.04.080 Exercise of power by assistant or deputy.
Whenever a power is granted to or a duty is imposed upon a city officer by this code or any other ordinance of the city, the power may be exercised or the duty performed by an assistant or a deputy of the officer or by a person authorized pursuant to law by the officer, unless this code expressly provides otherwise. (Prior code º 1-37)
1.04.090 Datum plane.
The United States Geological Survey datum plane is adopted as the official datum plane for the city. (Prior code º 1-40)