§ 1.04.020. Definitions.

As used in this code:

A.

"Across" includes along, in or upon.

B.

"City" means the city of San José.

C.

"City manager" means the appointed official of the city who occupies the position as the chief administrative officer of the city.

D.

"Council" means the city council of this city.

E.

"County" means the county of Santa Clara.

F.

"Goods" includes wares and merchandise.

G.

"Oath" includes affirmation.

H.

"Operate" or "engage in" includes carry on, keep, conduct, maintain, or cause to be kept or maintained.

I.

"Owner," applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common, joint tenant, or the whole or a part of such building or land.

J.

"Person," unless it otherwise appears from the context as used, means and includes any person, firm, association, organization, partnership, business trust, company, corporation, public agency, school district, the state of California, its political subdivisions and/or instrumentalities thereof.

K.

Shall and May. "Shall" is mandatory and "may" is permissive, except that whenever the term "shall" is applied to the city, its officials, employees or agents, it is directory only and is not intended to impose liability on the city. The use of the word "shall" is, under no circumstances, intended to create or impose a mandatory duty of care upon the city, its employees or agents for purposes of California Government Code Section 815.6, nor is it intended to abrogate any immunity available at law or to create or impose any basis for liability on the city, its employees or agents.

L.

"Sale" means and includes any sale, exchange, barter or offer for sale.

M.

"State" means the state of California.

N.

"Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways 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.

O.

"Tenant or occupant," applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.

(Prior code §§ 1312 - 1317, 1319 - 1327; Ord. 22085.)