Chapter 1.04
INTERPRETATION AND CONSTRUCTION

Sections:

   1.04.010   Short title and citation.

   1.04.020   Continuation of existing law.

   1.04.030   Effect of code on past actions and obligations previously accrued.

   1.04.040   Construction.

   1.04.050   Definitions.

   1.04.060   Grammatical interpretation.

   1.04.070   Civil code provisions.

   1.04.071   Judicial review.

   1.04.072   Expedited judicial review.

   1.04.080   Constitutionality.

   1.04.090   Effective date.

1.04.010 Short title and citation.

   This code shall be known as the "Palo Alto Municipal Code" and it shall be sufficient to refer to this code as the "Palo Alto Municipal Code" in any prosecution for the violation of any provision thereof. It shall also be sufficient to designate any ordinance adding to, amending or repealing the code, or portions thereof, as an addition or amendment to, or a repeal of, the "Palo Alto Municipal Code," or a portion thereof.

(Ord. 2146 (part), 1963: prior code § 1.01)

1.04.020 Continuation of existing law.

   Nothing in this code shall be construed to amend or repeal those ordinances of the city which relate to subject matters not dealt with in this code.

(Ord. 2146 (part), 1963: prior code § 1.02)

1.04.030 Effect of code on past actions and obligations previously accrued.

   Neither the adoption of this code nor the repeal hereby of any ordinance of this city shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license fee or penalty due and unpaid at said effective date under any ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any license fee or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunto appertaining shall continue in full force and effect.

(Ord. 2146 (part), 1963: prior code § 1.03)

1.04.040 Construction.

   The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

(Ord. 2146 (part), 1963: prior code § 1.04)

1.04.050 Definitions.

   (a)   The following words and phrases whenever used in this code 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.

   (1)   "City" means the city of Palo Alto or the area within the territorial city limits of the city of Palo Alto and such territory outside of this city over which the city has jurisdiction or control by virtue of any constitutional or charter provisions, or any law.

   (2)   "Council" means the city council of this city.

   (3)   "Oath" means and includes affirmation.

   (4)   "Office." The use of the title of any officer, employee, or any office, or ordinance or charter means such officer, employee, office, ordinance or charter of the city of Palo Alto, unless otherwise specifically designated.

   (5)   "Person" means 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.

   (6)   "Shall" and "must." Each is mandatory.

   (7)   "May" is permissive.

   (8)   "Street" means and 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.

   (9)   "Written" means and includes printed, typewritten, mimeographed or multigraphed.

(Ord. 2146 (part), 1963: prior code § 1.08)

1.04.060 Grammatical interpretation.

   (a)   The following grammatical rules shall apply in this code.

   (1)   Gender. Any gender includes the other genders.

   (2)   Singular and Plural. The singular number includes the plural and the plural includes the singular.

   (3)   Tenses. Words used in the present tense include the past and the future tenses and vice versa.

   (4)   Use of Words and Phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language.

(Ord. 2146 (part), 1963: prior code § 1.09)

1.04.070 Civil code provisions.

   The provisions of Sections 13 and 1645 of the Civil Code of the State of California are hereby adopted in the interpretation of words and phrases, unless otherwise provided herein.

(Ord. 2146 (part), 1963: prior code § 1.10)

1.04.071 Judicial review.

   Any petition for writ of administrative mandate under Section 1094.5 of the California Code of Civil Procedure in order to seek judicial review of any final administrative decision of the city of Palo Alto or any of its commissions, boards, officers, or employees shall be filed no later than ninety days after the decision becomes final as defined in Section 1094.6. An administrative decision is a decision subject to review pursuant to Section 1094.5 and either (a) suspending, demoting, or dismissing an officer or employee, (b) revoking or denying an application for a permit, license, or other entitlement, or (c) denying an application for any retirement benefit or allowance. As provided in subsection (d) of Section 1094.6, the time limit for filing a petition for judicial review is extended to thirty days following the date on which the administrative record is personally delivered or mailed to the petitioner or his attorney of record provided that the petitioner has requested preparation of the administrative record of the proceedings on which the decision is based within ten days after the decision became final.

(Ord. 4285 § 1, 1995)