California Codes > Government Code > Title 5 > Division 1 > Part 1 – POWERS AND DUTIES COMMON TO CITIES AND COUNTIES


Chapter 1	General
Chapter 2	Public Property
Chapter 2.5	Open Space Maintenance Districts
Chapter 3	Bonds
Chapter 3.5	Revenue Bonds for Public Improvements
Chapter 4	Police Officers’ Pension Fund and Firemen’s Pension Fund
Chapter 4.5	Volunteer Firefighters Length of Service Award Act
Chapter 5	Boundaries
Chapter 5.5	The Elder California Pipeline Safety Act Of 1981
Chapter 6	Massage
Chapter 6.1	Cottage Food Operations
Chapter 6.2	Sidewalk Vendors
Chapter 6.3	Urban Agriculture Incentive Zones
Chapter 6.5	Open-Space Easements
Chapter 6.6	Open-Space Easement Act of 1974
Chapter 6.7	Timberland
Chapter 6.8	Moderate, High, and Very High Fire Hazard Severity Zones
Chapter 6.9	Solar-Use Easement
Chapter 7	Agricultural Land
Chapter 8	Capital Investment Incentive Program

Terms Used In California Codes > Government Code > Title 5 > Division 1 > Part 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES

Abandoned excavation: means any abandoned mining shaft, pit, well, septic tank, cesspool, or other abandoned excavation dangerous to persons legally on the premises where the abandoned excavation is located or to minors under the age of 12 years. See California Government Code 50230
Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Action: includes a civil action and a criminal action. See California Evidence Code 105
Actuarial interest rate: means the interest rate fixed by the board for purposes of actuarial valuation of the assets and liabilities of the award system. See California Government Code 50952
Administratrix: The female counterpart of an administrator. See also
Advertisement: means :
California Business and Professions Code 7590.1
Advertisement: means any written or printed communication, including a directory listing, except a free telephone directory listing that does not allow space for a license number. See California Business and Professions Code 7500.1
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Aggrieved: means and refers to any of the following persons or entities:
California Civil Code 3427
Aggrieved party: means a party entitled to pursue a remedy. See California Commercial Code 1201
agreement: means the total legal obligation that results from the parties' agreement as determined by this code and as supplemented by any other applicable laws. See California Commercial Code 1201
Agricultural aircraft operator: means any person who applies, from an aircraft, chemicals, seeds, or fertilizers. See California Government Code 4360
Agricultural commodity: means any and all plant and animal products produced in this state for commercial purposes, including, but not limited to, plant products used for producing biofuels, and industrial hemp cultivated in accordance with Division 24 (commencing with Section 81000) of the Food and Agricultural Code. See California Government Code 51201
Agricultural preserve: means an area devoted to either agricultural use, as defined in subdivision (b), recreational use as defined in subdivision (n), or open-space use as defined in subdivision (o), or any combination of those uses and which is established in accordance with the provisions of this chapter. See California Government Code 51201
Agricultural use: means use of land, including but not limited to greenhouses, for the purpose of producing an agricultural commodity for commercial purposes. See California Government Code 51201
Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See California Government Code 50485.1
Airport hazard: means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See California Government Code 50485.1
Airport hazard area: means any area of land or water upon which an airport hazard might be established if not prevented as provided in this article. See California Government Code 50485.1
Alarm agent: means a person employed by an alarm company operator whose duties, being physically conducted within the state, include selling on premises, altering, installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring an alarm system, and those ancillary devices connected to and controlled by the alarm system, including supplementary smoke detectors, or a person who manages or supervises a person employed by an alarm company to perform any of the duties described in this subdivision or any person in training for any of the duties described in this subdivision. See California Business and Professions Code 7590.1
Alarm system: means an assembly of equipment and devices arranged to detect a hazard or signal the presence of an off-normal situation. See California Business and Professions Code 7590.1
All-terrain vehicle: means a motor vehicle subject to subdivision (a) of Section 38010 that is all of the following:
California Vehicle Code 111
all-terrain vehicle safety instructor: is a person who is sponsored by an all-terrain vehicle safety training organization, who has completed a course in all-terrain vehicle safety instruction administered by an approved all-terrain vehicle safety training organization, and who has been licensed by the department pursuant to Section 11105. See California Vehicle Code 111.3
all-terrain vehicle safety training organization: is a ny organization which is approved to offer a program of instruction in all-terrain vehicle safety, including all-terrain vehicle safety instruction training, by the Off-Highway Vehicle Safety Education Committee and which has been issued a license by the department pursuant to Section 11105. See California Vehicle Code 111.5
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Animal: means any amphibian, bird, mammal or reptile. See California Civil Code 3504
Anniversary date: means the anniversary of the date on which zoning is established pursuant to Section 51112 or 51113 takes effect. See California Government Code 51104
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Apportionment: means an apportionment made under this article, and unless the context otherwise requires, it shall be deemed to include funds of a district required by the board to be contributed toward the cost of a project. See California Education Code 16314
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Approved: as used in this article , means the approval of the legislative body of the local agency, as the result of investigation and tests conducted by such agency or by reason of the accepted principles or tests by recognized national or state authorities, technical, or scientific organizations. See California Government Code 50022.1
Arbitration: means a method of resolving a rights dispute under which the parties to a controversy must accept the award of a third party. See California Government Code 3562
Area of continual excavation: means a location where excavation is part of the normal business activities of agricultural operations and flood control facilities. See California Government Code 4216
Arrest: Taking physical custody of a person by lawful authority.
assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Government Code 25
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
At large: means the election of members of the board of directors all of whom are elected by the voters of the entire district. See California Government Code 61002
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attendance center: means a school maintained or to be maintained at a given location within a district. See California Education Code 16314
Authority: means the Community Revitalization and Investment Authority created pursuant to this division. See California Government Code 62000
automobile dismantler: includes a person not otherwise expressly excluded by Section 221 who keeps or maintains on real property owned by the person, or under their possession or control, either of the following vehicles or catalytic converters, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some or all of the materials, whether metal, glass, fabric, or otherwise, or to dispose of them, or for any other purpose:
California Vehicle Code 220
automobile driver training: shall be deemed to refer to the laboratory phase of driver education described by §. See California Vehicle Code 223
Award: means monthly payments for life derived from contributions by a department. See California Government Code 50952
Award recipient: means a former member who satisfied all the requirements as determined by the board to be eligible to receive an award, and is receiving an award. See California Government Code 50952
Award system: means the Volunteer Firefighters Length of Service Award System established by this chapter. See California Government Code 50952
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bailiff: a court officer who enforces the rules of behavior in courtrooms.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequest: Property gifted by will.
Board: means the board of supervisors of a county which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. See California Government Code 51201
Board: as used in this chapter , means the board of supervisors of the county in which it is proposed to form a district, or in which a district has been formed. See California Health and Safety Code 20001
Board: means the Public Employment Relations Board created pursuant to Section 3541. See California Government Code 3540.1
Board: means the Public Employment Relations Board established pursuant to Section 3513. See California Government Code 3562
board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
Board: means the original board and any successor board selected and constituted under this chapter. See California Government Code 6599.02
Board: means the California Underground Facilities Safe Excavation Board, also known as the "Dig Safe Board. See California Government Code 4216
Board: means the State Allocation Board as defined in Article 1 (commencing with Section 16000) of this chapter. See California Education Code 16314
Board: as used in this chapter means the board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city. See California Government Code 50798.3
Board: means the board of the California State Fire Employees Welfare Benefit Corporation. See California Government Code 50952
Board: means the board of supervisors of a county or city and county, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
Board of directors: means the board of directors of a district that establishes policies for the operation of the district. See California Government Code 61002
bond: means revenue bond or other evidences of indebtedness but not attached coupons. See California Government Code 50661
Bonds: as used in this chapter , means revenue bonds authorized by this chapter. See California Health and Safety Code 4956
bonds: means revenue bonds, notes or other evidences of indebtedness. See California Government Code 6540
Bonds: as used in this chapter means the written evidence of any obligation incurred by the board payable out of revenues as provided in this chapter in order to secure funds with which to carry out the purposes of this chapter irrespective of the form of such obligation whether in the form of bonds, notes, debentures, interest bearing certificates or other forms prescribed by the board. See California Government Code 50798.1
Branch office: means any location, other than the principal place of business of the licensee, which is licensed as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
Branch office manager: means an individual designated by the qualified manager to manage the licensee's branch office and who has met the requirements as set forth in Article 11 (commencing with Section 7599. See California Business and Professions Code 7590.1
Burden of producing evidence: means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. See California Evidence Code 110
Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Evidence Code 115
bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.4
Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
Bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7500.1
bureau: means the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.4
bus: is a ny vehicle, including a trailer bus, designed, used, or maintained for carrying more than 15 persons including the driver. See California Vehicle Code 233
business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Vehicle Code 234
business representative: means a proprietor, a limited or general partner, a managerial employee, a stockholder, a director, or an officer who is active in the management, direction, and control of that part of a business which is a licensed activity. See California Vehicle Code 236
candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
Case law: The law as laid down in cases that have been decided in the decisions of the courts.
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
certified employee organization: means an organization that has been certified by the board as the exclusive representative of the public school employees in an appropriate unit after a proceeding under Article 5 (commencing with Section 3544). See California Government Code 3540.1
Certified prior service credit: means credit for service performed prior to the contract operative date as certified by a qualifications review commission. See California Government Code 50952
Certified service credit: means credit certified pursuant to Section 50960 for services rendered by a member. See California Government Code 50952
Chambers: A judge's office.
Changes: as used in this chapter shall include corrections, alterations, modifications, additions, omissions, increases or decreases. See California Streets and Highways Code 10350
chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7580.5
Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7590.1
Chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7500.1
chief: means the Chief of the Bureau of Security and Investigative Services. See California Business and Professions Code 7512.5
chop shop: is a ny building, lot, or other premises where any person has been engaged in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud, in order to do either of the following:
California Vehicle Code 250
city: means the county or city having jurisdiction over the land. See California Government Code 51201
City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
City: includes every city and city and county within this State. See California Vehicle Code 255
City: includes city and county. See California Business and Professions Code 18
City: includes "city and county" and "incorporated town. See California Streets and Highways Code 15
City: means any city or city and county. See California Government Code 51075
city: means the county or city having jurisdiction over the land. See California Government Code 51104
City: means any city or city and county. See California Government Code 51190
City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Unemployment Insurance Code 13
City or county: means any city, county, or city and county. See California Government Code 50485.1
Civil action: includes civil proceedings. See California Evidence Code 120
Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Elections Code 307
Clerk: as used in this chapter , means the clerk or secretary of the governing body or of the district. See California Health and Safety Code 4953
clerk: means the clerk of a county or the legislative body thereof. See California Government Code 50270.5
Code: as used in this article , means any statute, or any published compilation of rules, regulations or standards adopted by the federal government or the State of California, or by any agency of either of them. See California Government Code 50022.1
Collateral: means any specific vehicle, trailer, boat, recreational vehicle, motor home, appliance, or other property that is subject to a security agreement. See California Business and Professions Code 7500.1
Commercial blockade: means acts constituting the tort of commercial blockade, as defined in Section 3427. See California Civil Code 3427
Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See California Commercial Code 10103
commercial vehicle: is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. See California Vehicle Code 260
Commission: means the State Energy Resources Conservation and Development Commission. See California Health and Safety Code 44275
commission: means the California Transportation Commission. See California Streets and Highways Code 22
Commission: means the Citizens Redistricting Commission in the County of Orange established pursuant to Section 21582. See California Elections Code 21580
commissioner: includes a commissioner who is employed pursuant to Section 2124. See California Food and Agricultural Code 2241
Commissioner: as used in this article , includes the director in any county in which there is no commissioner. See California Food and Agricultural Code 11731
Commissioner: means any county agricultural commissioner. See California Food and Agricultural Code 26
Committee: means the Pooled Money Investment Board. See California Government Code 17220
Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Compatible use: is a ny use which does not significantly detract from the use of the property for, or inhibit, growing and harvesting timber, and shall include, but not be limited to, any of the following, unless in a specific instance such a use would be contrary to the preceding definition of compatible use:
California Government Code 51104
Compatible use: includes agricultural use, recreational use or open-space use unless the board or council finds after notice and hearing that the use is not compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter. See California Government Code 51201
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
consignment: is a n arrangement under which a dealer agrees to accept possession of a vehicle of a type required to be registered under this code from an owner for the purpose of selling the vehicle and to pay the owner or the owner's designee from the proceeds of the sale. See California Vehicle Code 266
Construction: includes :
California Streets and Highways Code 29
Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose. See California Commercial Code 10103
Contiguous: means two or more parcels of land that are adjoining or neighboring or are sufficiently near to each other, as determined by the board or council, that they are manageable as a single forest unit. See California Government Code 51104
Continuance: Putting off of a hearing ot trial until a later time.
contract: means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1303. See California Commercial Code 1201
Contract: A legal written agreement that becomes binding when signed.
converter: is a person, other than a vehicle manufacturer, who, prior to the retail sale of a new vehicle, does any of the following to the vehicle:
California Vehicle Code 267
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Corporation: as used in this part and Part 5 (commencing with Section 9910), refers to corporations defined in subdivisions (b), (c), and (d). See California Corporations Code 5046
Cost-effectiveness: means dollars provided to a project pursuant to subdivision (d) of Section 44283 for each ton of covered emission reduction attributed to a project or to the program as a whole. See California Health and Safety Code 44275
Council: means the city council of a city which establishes or proposes to establish an agricultural preserve or which enters or proposes to enter into a contract on land within an agricultural preserve pursuant to this chapter. See California Government Code 51201
Council: means the city council of a city, whether general law or chartered, which establishes or proposes to establish a timberland production zone pursuant to this chapter. See California Government Code 51104
Counties: means all of the counties within which a portion of the park or other recreation facility, operated and maintained by a joint county park board, is located. See California Government Code 6580
County: includes city and county. See California Government Code 19
County: includes city and county. See California Water Code 14
County: includes city and county. See California Health and Safety Code 14
County: includes every county and city and county within this State. See California Vehicle Code 270
County: includes city and county. See California Business and Professions Code 17
County: includes "city and county. See California Corporations Code 14
County: includes "city and county. See California Public Resources Code 14
County: includes "city and county. See California Streets and Highways Code 14
County: includes city and county. See California Food and Agricultural Code 29
Covered emissions: include emissions of oxides of nitrogen, particulate matter, and reactive organic gases from any covered source. See California Health and Safety Code 44275
Covered engine: includes any internal combustion engine or electric motor and drive powering a covered source. See California Health and Safety Code 44275
Covered source: includes onroad vehicles, off-road nonrecreational equipment and vehicles, locomotives, marine vessels, agricultural sources of air pollution, as defined in Section 39011. See California Health and Safety Code 44275
Covered vehicle: includes any vehicle or piece of equipment powered by a covered engine. See California Health and Safety Code 44275
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
cribbing device: is a ny paper or device designed for cheating by supplying examination answers without questions to an applicant for the purpose of fraudulently qualifying the applicant for any class of driver's license, permit, or certificate. See California Vehicle Code 273
Criminal action: includes criminal proceedings. See California Evidence Code 130
Custodian of the fund: means a financial institution or other entity that qualifies under the laws of this state to act as a trustee of and establish a trust described in Internal Revenue Service Revenue Procedure 92-64. See California Government Code 50952
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dangerous drugs: means any controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of . See California Business and Professions Code 7500.1
Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sandbag, or metal knuckles. See California Business and Professions Code 7590.1
Deadly weapon: means and includes any instrument or weapon of the kind commonly known as a firearm. See California Business and Professions Code 7500.1
Dealer: is a person not otherwise expressly excluded by Section 286 who:
California Vehicle Code 285
Debtor: means any person obligated under a security agreement. See California Business and Professions Code 7500.1
Decedent: A deceased person.
Declarant: is a person who makes a statement. See California Evidence Code 135
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Defensible space: means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas. See California Government Code 51177
Delineate: means to mark in white the location or path of the proposed excavation using the guidelines in Appendix B of the "Guidelines for Excavation Delineation" published in the most recent version of the Best Practices guide of the Common Ground Alliance. See California Government Code 4216
Department: means the Department of Consumer Affairs. See California Business and Professions Code 7590.1
department: means State Department of Health Services. See California Health and Safety Code 20
Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
Department: means any of the following:
California Government Code 50952
Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
Department: means the Department of Consumer Affairs. See California Business and Professions Code 7500.1
Department: means the Department of Food and Agriculture. See California Food and Agricultural Code 32
Dependent: A person dependent for support upon another.
Dependent person: includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250. See California Evidence Code 177
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Development: means , as used in Section 51223, the construction of buildings or the use of the restricted property if the buildings or use are unrelated to the agricultural use, the open-space use, or uses compatible with either agricultural or open-space uses of the property, or substantially impair the agricultural, open-space, or a combination of the agricultural and open-space uses of the property. See California Government Code 51201
Devise: To gift property by will.
direct evidence: means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. See California Evidence Code 410
director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7580.1
Director: means the Director of Consumer Affairs. See California Business and Professions Code 7590.1
Director: means "State Director of Health Services. See California Health and Safety Code 21
Director: means the Director of Education. See California Education Code 16314
Director: means the Director of Forestry and Fire Protection. See California Government Code 51177
Director: means the Director of Consumer Affairs. See California Business and Professions Code 7500.1
director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7512.1
directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 5047
Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of §. See California Elections Code 354.5
disabled person: is a ny of the following:
California Vehicle Code 295.5
disabled veteran: is a ny person who, as a result of injury or disease suffered while on active service with the armed forces of the United States, suffers any of the following:
California Vehicle Code 295.7
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Disrupting the normal functioning of a health care facility: means intentionally rendering or attempting to render a health care facility temporarily or permanently unavailable or unusable by a licensed health practitioner, the facility's staff, or patients. See California Civil Code 3427
district: means any agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. See California Government Code 60370
District: as used in this chapter , means a police protection district formed pursuant to this chapter or pursuant to any law which it supersedes. See California Health and Safety Code 20000
District: means a county air pollution control district or an air quality management district. See California Health and Safety Code 44275
District: as used in this chapter , includes city, county, city and county, or any municipal or public corporation or district which is authorized to acquire, construct, own, or operate a sewer system. See California Health and Safety Code 4951
District: means an elementary, high school, or unified school district. See California Education Code 16314
District: means a habitat maintenance assessment district formed pursuant to this article. See California Government Code 50060
district: means the Isla Vista Community Services District formed pursuant to this part. See California Government Code 61250
Docket: A log containing brief entries of court proceedings.
Donee: The recipient of a gift.
Donor: The person who makes a gift.
driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
driving school: is a business which, for compensation, conducts or offers to conduct instruction in the operation of motor vehicles. See California Vehicle Code 310.6
driving school owner: is a ny person licensed by the department to engage in the business of giving instruction for compensation in the driving of motor vehicles or in the preparation of an applicant for examination for a driver's license issued by the department. See California Vehicle Code 311
drug: means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions. See California Vehicle Code 312
Election: means any election including a primary that is provided for under this code. See California Elections Code 318
Election board: means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. See California Elections Code 319
Elections official: means any of the following:
California Elections Code 320
Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
Electrolysis: as used in this chapter includes electrolysis or thermolysis. See California Business and Professions Code 7316
Electronic format: includes , but is not limited to, a text message, email, or internet posting. See California Business and Professions Code 7500.1
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Electronic positive response: means an electronic response from an operator to the regional notification center providing the status of an operator's statutorily required response to a ticket. See California Government Code 4216
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Emergency: means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See California Government Code 4216
employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7512.11
employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7580.9
Employee: means an individual who works for an employer, is listed on the employer's payroll records, and is under the employer's direction and control. See California Business and Professions Code 7590.1
employee: means a person employed by a public school employer except persons elected by popular vote, persons appointed by the Governor of this state, management employees, and confidential employees. See California Government Code 3540.1
Employee organization: means an organization that includes employees of a public school employer and that has as one of its primary purposes representing those employees in their relations with that public school employer. See California Government Code 3540.1
Employee organization: means any organization of any kind in which higher education employees participate and that exists for the purpose, in whole or in part, of dealing with higher education employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment of employees. See California Government Code 3562
employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7512.10 v2
employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7580.8
Employer: means a person who employs an individual for wages or salary, lists the individual on the employer's payroll records, and withholds all legally required deductions and contributions. See California Business and Professions Code 7590.1
employer: means the governing board of a school district, a school district, a county board of education, a county superintendent of schools, a charter school that has declared itself a public school employer pursuant to subdivision (b) of §. See California Government Code 3540.1
Employer-employee relationship: means an individual who works for another and where the individual's name appears on the payroll records of the employer. See California Business and Professions Code 7590.1
English learner: means a pupil who is "limited English proficient" as that term is defined in the federal No Child Left Behind Act of 2001 (20 U. See California Education Code 306
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entity: as used in this article means any agency, board or commission provided for by a joint powers agreement pursuant to Article 1 of this chapter. See California Government Code 6542
environment: means the aggregate of all factors that influence the conditions of life in or about the state or within any portion thereof, and which are affected by the use of pesticides or related materials within the state. See California Food and Agricultural Code 14101
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Established place of business: is a place actually occupied either continuously or at regular periods by any of the following:
California Vehicle Code 320
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
Ex officio: Literally, by virtue of one's office.
Excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, or any other way. See California Government Code 4216
excavator: means any person, firm, contractor or subcontractor, owner, operator, utility, association, corporation, partnership, business trust, public agency, or other entity that, with their own employees or equipment, performs any excavation. See California Government Code 4216
Exclusive representative: means the employee organization recognized or certified as the exclusive negotiating representative of public school employees, as "public school employee" is defined in subdivision (j), in an appropriate unit of a public school employer. See California Government Code 3540.1
Exclusive representative: means any recognized or certified employee organization or person it authorizes to act on its behalf. See California Government Code 3562
executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Corporations Code 17.1
Executive session: A portion of the Senate's daily session in which it considers executive business.
Executor: A male person named in a will to carry out the decedent
Executrix: The female counterpart of an executor. See also
expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
Fair and exhibition authority: as used in this article , means an entity created by a joint powers agreement for the purpose of financing or otherwise facilitating agricultural, livestock, industrial, cultural, or other types of fairs or exhibitions. See California Government Code 6542.1
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
Federal public defender: An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act. ^{Source: U.S. Courts}
Fiduciary: A trustee, executor, or administrator.
Fire suppression: includes firefighting and fire prevention including, but not limited to, vegetation removal or management undertaken, in whole or in part, for the reduction of a fire hazard. See California Government Code 50078.1
firearm permit: includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7512.13
firearm permit: includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7580.11
Firearm permit: means and includes "firearms permit" "firearms qualification card" "firearms qualification" and "firearms qualification permit. See California Business and Professions Code 7590.1
Firearms permit: means a permit issued by the bureau, pursuant to Article 6 (commencing with Section 7596), to a licensee, a qualified manager, or an alarm agent, to carry an exposed firearm while on duty. See California Business and Professions Code 7590.1
Flow line: means a pipeline that transports hazardous liquid substances from the well head to a treating facility or production storage facility. See California Government Code 51010.5
for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Vehicle Code 462
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
franchise: is a written agreement between two or more persons having all of the following conditions:
California Vehicle Code 331
Fraud: Intentional deception resulting in injury to another.
Fuel: means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation. See California Government Code 51177
Fund: means the Air Pollution Control Fund established pursuant to Section 43015. See California Health and Safety Code 44275
Fund: means an account or trust described in Internal Revenue Service Revenue Procedure 92-64, which is maintained by the custodian of the fund. See California Government Code 50952
garage: is a building or other place wherein the business of storing or safekeeping vehicles of a type required to be registered under this code and which belong to members of the general public is conducted for compensation. See California Vehicle Code 340
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
General election: means either of the following:
California Elections Code 324
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
GIS mapping system: means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public. See California Government Code 51010.5
Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 10309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See California Commercial Code 10103
Governing body: as used in this chapter , means the governing body of the district. See California Health and Safety Code 4952
Governing body: as used in this article means the board or commission provided for by a joint powers agreement, pursuant to Article 1 of this chapter. See California Government Code 6543
Grain and seed: includes any grain, seeds, rice, beans, and any other agricultural product which is customarily cleaned by grain and seed cleaners. See California Food and Agricultural Code 55251
Grain and seed cleaner: means a person that is lawfully engaged in the business of cleaning grain and seeds for others. See California Food and Agricultural Code 55251
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grant of an open-space easement: means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains a covenant with the city or county, running with the land, either in perpetuity or for a term of years, not to construct or permit the construction of any improvements, except as that right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to any covenant or public service facilities installed pursuant to an authorization by the governing body of the city or county or the Public Utilities Commission. See California Government Code 51051
Grantor: The person who establishes a trust and places property into it.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Health care facility: means a facility that provides health care services directly to patients, including, but not limited to, a hospital, clinic, licensed health practitioner's office, health maintenance organization, diagnostic or treatment center, neuropsychiatric or mental health facility, hospice, or nursing home. See California Civil Code 3427
Health hazard: means any personal effects that if retained would produce an unsanitary or unhealthful condition, or which might damage other personal effects. See California Business and Professions Code 7500.1
hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
High priority subsurface installation: means high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig), petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged. See California Government Code 4216
higher education employee: means any employee, including student employees whose employment is contingent on their status as students, of the Regents of the University of California, the Board of Directors of the college named in §. See California Government Code 3562
higher education employer: means the Regents of the University of California in the case of the University of California, the Board of Directors of the college named in §. See California Government Code 3562
Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 360
Hydrostatic testing: means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium. See California Government Code 51010.5
Impasse: means that the parties to a dispute over matters within the scope of representation have reached a point in meeting and negotiating at which their differences in positions are so substantial or prolonged that future meetings would be futile. See California Government Code 3540.1
Impasse: means that the parties have reached a point in meeting and conferring at which their differences in positions are such that further meetings would be futile. See California Government Code 3562
Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See California Civil Code 3426.1
Improvement: means one or any combination of the following:
California Government Code 50060
improvements: means any or all of the following property acquired, constructed or installed by a local agency with funds derived from special assessments under the Improvement Act of 1911 (Division 7 (commencing at Section 5000), Streets and Highways Code) or any other law:
California Government Code 50550
In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
Incidental expenses: include all of the following:
California Government Code 50060
Incremental cost: means the cost of the project less a baseline cost that would otherwise be incurred by the applicant in the normal course of business. See California Health and Safety Code 44275
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indenture: as used in this article means the instrument providing the terms and conditions for the issuance of the revenue bonds, and may be a resolution, order, agreement or other instrument. See California Government Code 6544
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Initiating resolution: means a resolution by which a legislative body determines that public interest or necessity demands the issuance of bonds. See California Government Code 50665.1
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inspector: means the supervisor of the precinct board of which he or she is a member. See California Elections Code 325
Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See California Commercial Code 10103
instruction: includes classroom driver education, in-vehicle driver training, and correspondence study. See California Vehicle Code 310.6
Insurance policy: as used in this article , means a commercial general liability policy of insurance issued by an insurance company authorized to transact business in this state that provides minimum limits of insurance of one million dollars ($1,000,000) for any one loss or occurrence due to bodily injury, including death, or property damage, or both. See California Business and Professions Code 7583.40 v2
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
Joint county park board: means a board, commission, or other public entity organized pursuant to an agreement made in accordance with Article 1 (commencing with Section 6500) of this chapter for the purpose of improving, operating, and maintaining a single park or other recreation facility located within more than one county, if none of the territory within the park or other recreation facility is contained within an incorporated city, and further, if all of the counties within which the park or other recreation facility is located are parties to the agreement creating the board, commission, or other public entity. See California Government Code 6580
Judgment: means a final judgment of any court of competent jurisdiction in this or any other state, or of the United States, against a person as defendant upon a cause of action which arises out of any pest control operation. See California Food and Agricultural Code 11931
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Juror: A person who is on the jury.
Landowner: includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the open-space restriction or any extension thereof. See California Government Code 51075
Landowner: includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction. See California Government Code 51190
Language acquisition programs: refers to educational programs designed to ensure English acquisition as rapidly and as effectively as possible, and that provide instruction to pupils on the state-adopted academic content standards, including the English language development standards. See California Education Code 306
Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See California Commercial Code 10103
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this division. See California Commercial Code 10103
Lease contract: means the total legal obligation that results from the lease agreement as affected by this division and any other applicable rules of law. See California Commercial Code 10103
Legal excavation start date and time: means two working days, not including the date of notification, unless the excavator specifies a later date and time, which shall not be more than 14 calendar days from the date of notification. See California Government Code 4216
legal owner: is a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vehicle to the lessee for a period of 30 consecutive days or more. See California Vehicle Code 370
Legal owner: is a person holding the legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state, or to any county, city, district or political subdivision of the state, under a lease, lease-sale, or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more. See California Vehicle Code 9840
Legal owner: means a person holding any of the following:
California Business and Professions Code 7500.1
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legislative body: as used in this division , means board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city, unless the context otherwise requires. See California Government Code 50002
Legislative body: means the city council, board of supervisors, or any other governing body of a local agency. See California Government Code 50060
Legislative body: means the board of directors, trustees, governors, or any other governing body of a local agency specified in subdivision (b). See California Government Code 50078.1
Legislative body: means the legislative body of a local agency. See California Government Code 50230
Legislative body: means the city council in the case of a city, and the board of supervisors in the case of a county. See California Government Code 50665.1
Lessee: means a person who acquires the right to possession and use of goods under a lease. See California Commercial Code 10103
Lessor: includes "bailor" and "lease" includes "bailment. See California Vehicle Code 372
Lessor: means a person who transfers the right to possession and use of goods under a lease. See California Commercial Code 10103
lessor-retailer: is a lessor or renter who, except under the circumstances described in subdivision (a) of Section 286, makes a retail sale or sales of a previously leased or rented vehicle or vehicles to other than any of the following:
California Vehicle Code 373
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
licensee: means a person licensed under this chapter and includes, but is not limited to, private patrol operator and armored contract carrier. See California Business and Professions Code 7580.6
Licensee: means a business entity, whether an individual, partnership, limited liability company, or corporation licensed under this chapter. See California Business and Professions Code 7590.1
Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
Licensee: means an individual, partnership, limited liability company, or corporation licensed under this chapter as a repossession agency. See California Business and Professions Code 7500.1
licensee: means a person licensed under this chapter. See California Business and Professions Code 7512.6
Lien: A claim against real or personal property in satisfaction of a debt.
Limousine: means any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state. See California Vehicle Code 378
Liquidated: means that all moneys for a specified fiscal year have been spent by a district to reimburse grantees for valid and eligible project invoices and district administrative costs. See California Health and Safety Code 44275
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
livestock: includes domestic fowls and rabbits. See California Food and Agricultural Code 30651
Local agency: as used in this division means county, city, or city and county, unless the context otherwise requires. See California Government Code 50001
Local agency: means any city, county, city and county, school district, special district, authority, other political subdivision of or within the state, an association or consortium of school districts formed or operating pursuant to §. See California Government Code 6599.02
Local agency: means a city, county, city and county, school district, or special district. See California Government Code 4216
Local agency: as used in this article means any public agency designated in Section 6500 other than the federal government or any federal department or agency, this state, an adjoining state, or any state department or agency. See California Government Code 6542.5
Local agency: means any city, county, or city and county, whether general law or chartered. See California Government Code 50060
Local agency: means any county, city, city and county, including a charter city or county, or any special district. See California Government Code 50075.5
Local agency: means any city, county, or city and county, whether general law or chartered, or special district, including a county service area created pursuant to the County Service Area Law (Chapter 2. See California Government Code 50078.1
Local agency: means a city, a city and county, or a county. See California Government Code 50230
local agency: includes any board or department of the local agency. See California Government Code 50660
Local agency: means any county, city, or city and county, including a chartered city, or special district, including a school district. See California Government Code 50665.1
Local agency: means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone. See California Government Code 51177
Local authorities: means the legislative body of every county or municipality having authority to adopt local police regulations. See California Vehicle Code 385
Locate and field mark: means to indicate the existence of any owned or maintained subsurface installations by using the guidelines in Appendix B of the "Guidelines for Operator Facility Field Delineation" published in the most recent version of the Best Practices guide of the Common Ground Alliance and in conformance with the uniform color code of the American Public Works Association. See California Government Code 4216
maintenance: means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to, all of the following:
California Government Code 50060
maintenance: includes any of the following:
California Streets and Highways Code 27
managed wetland area: is a n area, which may be an area diked off from the ocean or any bay, river or stream to which water is occasionally admitted, and which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, was used and maintained as a waterfowl hunting preserve or game refuge or for agricultural purposes. See California Government Code 51201
manager: means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of §. See California Business and Professions Code 7512.15
manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated. See California Business and Professions Code 7580.7
Manager: means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of §. See California Business and Professions Code 7590.1
Managerial employee: means any employee having significant responsibilities for formulating or administering policies and programs. See California Government Code 3562
managerial employee: is a person who exercises control over a business licensed under this code, whether compensated by salary or commission, including, but not limited to, any person who is employed as a general manager, business manager, assistant general manager, finance and insurance manager, advertising manager, or sales manager. See California Vehicle Code 386
Marketable securities: means securities that are freely traded on recognized exchanges or marketplaces. See California Government Code 7601
Materials: includes articles and supplies. See California Government Code 4300
Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Elections Code 329
Mediation: means the efforts of a third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse. See California Government Code 3562
Meet and confer: means the performance of the mutual obligation of the higher education employer and the exclusive representative of its employees to meet at reasonable times and to confer in good faith with respect to matters within the scope of representation and to endeavor to reach agreement on matters within the scope of representation. See California Government Code 3562
Meeting and negotiating: means meeting, conferring, negotiating, and discussing by the exclusive representative and the public school employer in a good faith effort to reach agreement on matters within the scope of representation and the execution, if requested by either party, of a written document incorporating any agreements reached, which document shall, when accepted by the exclusive representative and the public school employer, become binding upon both parties and, notwithstanding Section 3543. See California Government Code 3540.1
member: means an individual who is a member of a limited liability company as specified in §. See California Business and Professions Code 7512.14
Member: means an individual who is a member of a limited liability company as defined in subdivision (p) of §. See California Business and Professions Code 7590.1
Member: means a volunteer of a department, the governing body of which has contracted with the board under this chapter, and who has been certified by a qualifications review commission as having satisfied all the requirements for membership as set established by the board. See California Government Code 50952
Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See California Commercial Code 10103
Military or overseas voter: means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following:
California Elections Code 300
Misappropriation: means :
California Civil Code 3426.1
Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
Mobile Source Air Pollution Reduction Review Committee: means the Mobile Source Air Pollution Reduction Review Committee created by Section 44244. See California Health and Safety Code 44275
Mobilehome: is a structure as defined in §. See California Vehicle Code 396
Money: means a medium of exchange that is currently authorized or adopted by a domestic or foreign government. See California Commercial Code 1201
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Motion picture: means any motion picture, regardless of length or content, which is exhibited in a motion picture theater to paying customers, or is exhibited on television to paying customers or under the sponsorship of a paying advertiser. See California Civil Code 3504
motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of §. See California Vehicle Code 415
Motor vehicle fuel: includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, which is used or is usable for propelling motor vehicles operated by the explosion type engine. See California Government Code 51010.5
motorcycle: is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. See California Vehicle Code 400
Multiple licensee: means a repossession agency holding more than one repossession license under this chapter, with one fictitious trade style and ownership, conducting repossession business from additional licensed locations other than the location shown on the original license. See California Business and Professions Code 7500.1
New citizen: means any person who meets all requirements of an elector of, and has established residency in, the state, except that he or she will become a United States citizen after the 15th day prior to an election. See California Elections Code 331
New resident: means a person who meets all requirements of an elector of the State of California except that his or her residency was established subsequent to the 15th day prior to the election. See California Elections Code 332
new vehicle: is a vehicle constructed entirely from new parts that has never been the subject of a retail sale, or registered with the department, or registered with the appropriate agency or authority of any other state, District of Columbia, territory or possession of the United States, or foreign state, province, or country. See California Vehicle Code 430
newspaper: includes weekly newspaper, magazine, periodical or other publication. See California Government Code 6075
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Elections Code 332.5
Nonconforming use: means any use within a TPZ which lawfully existed on the effective date of zoning established pursuant to Sections 51112 and 51113, and continuing since that time, which is not a compatible use. See California Government Code 51104
Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
Nonprofit organization: means any organization qualifying under Section 501(c)(3) of the Internal Revenue Code in the preceding tax year, and which includes the preservation of open space as a stated purpose in its articles of incorporation. See California Government Code 51075
nonrepairable vehicle: is a vehicle of a type otherwise subject to registration that meets the criteria specified in subdivision (a), (b), or (c). See California Vehicle Code 431
nonrepairable vehicle certificate: is a vehicle ownership document issued to the owner of a nonrepairable vehicle. See California Vehicle Code 432
Nonresident: is a person who is not a resident of this State. See California Vehicle Code 435
Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
notice: includes official advertising, resolutions, orders, or other matter of any nature whatsoever that are required by law to be published in a newspaper of general circulation. See California Government Code 6060
NOx: means oxides of nitrogen. See California Health and Safety Code 44275
nuisance: means the public nuisance which is specified in Section 12642. See California Food and Agricultural Code 12641
Oath: includes affirmation. See California Elections Code 335
Oath: includes affirmation or declaration under penalty of perjury. See California Evidence Code 165
Oath: A promise to tell the truth.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Open-space easement: means any right or interest in perpetuity or for a term of years in open-space land acquired by a county, city, or nonprofit organization pursuant to this chapter where the deed or other instrument granting such right or interest imposes restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment the natural or scenic character of such open-space land. See California Government Code 51075
Open-space land: means any parcel or area of land or water which is essentially unimproved and devoted to an open-space use as defined in §. See California Government Code 51075
Open-space plan: means the open-space element of a county or city general plan adopted by the local governing body pursuant to §. See California Government Code 51075
Operator: means any person, corporation, partnership, business trust, public agency, or other entity that owns, operates, or maintains a subsurface installation. See California Government Code 4216
Operator: means any person that is required to be licensed pursuant to this division who is authorized to apply any pest control material or substance by dusting, spraying, or any other manner whereby such material or substance is applied through the medium of aircraft. See California Food and Agricultural Code 11931
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Evidence Code 255
Original board: means the first board of directors constituted and selected pursuant to Section 6599. See California Government Code 6599.02
Out-of-state emergency worker: means a voter who is officially engaged in responding to the proclamation of an out-of-state emergency and whose vocation has been identified in an executive order relating to the state of emergency. See California Elections Code 336.7
Oversight: Committee review of the activities of a Federal agency or program.
Owner: is a person having all the incidents of ownership, including the legal title, of a vessel whether or not such person lends, rents, or pledges such vessel. See California Vehicle Code 9840
owner: is a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle. See California Vehicle Code 460
Owner: means any lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the easement or any extension thereof. See California Government Code 51051
Parcel: means that portion of an assessor's parcel that is timberland, as defined. See California Government Code 51104
Park: means a park or other recreation facility operated and maintained by a joint county park board. See California Government Code 6580
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
passenger vehicle: is a ny motor vehicle, other than a motortruck, truck tractor, or a bus, as defined in Section 233, and used or maintained for the transportation of persons. See California Vehicle Code 465
peace officer: means a sheriff, undersheriff, deputy sheriff, marshal, or deputy marshal of a county or city and county, or a marshal or police officer of a city or town, employed and compensated as such, whether the members are volunteer, partly paid, or fully paid, except those whose principal duties are clerical, such as stenographers, telephone operators, and other workers not engaged in law enforcement operations, or the protection or preservation of life or property, and not under suspension or otherwise lacking in good standing. See California Government Code 50920
Pedestrian: includes a person who is operating a self-propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as specified in subdivision (a). See California Vehicle Code 467
Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
person: includes any individual, firm, company, association, organization, partnership, and corporation. See California Business and Professions Code 7580.3
Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
Person: means any individual, firm, company, association, organization, partnership, limited liability company, or corporation. See California Business and Professions Code 7590.1
Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
Person: means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees. See California Civil Code 3504
Person: means a natural person, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See California Civil Code 3426.1
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Commercial Code 1201
Person: means one or more individuals, organizations, associations, corporations, boards, committees, commissions, agencies, or their representatives. See California Government Code 3562
person: includes any natural person, corporation, partnership, limited liability company, firm, or association. See California Government Code 7920.520
Person: includes a corporation as well as a natural person. See California Corporations Code 18
Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470
Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
person: as used in this article in reference to a person liable to pay a charge includes districts formed for the purpose of constructing or maintaining sewers. See California Government Code 50142
Person: means any individual, firm, copartnership, corporation, company, association, joint stock association, city or county, or district, and includes any trustee, receiver, or assignee. See California Government Code 50485.1
Person: means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. See California Streets and Highways Code 19
Person: includes any individual, partnership, limited liability company, or corporation. See California Business and Professions Code 7500.1
person: includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation. See California Business and Professions Code 7512.3
Personal effects: means any property that is not the property of the legal owner and is not listed on the repossession assignment. See California Business and Professions Code 7500.1
personal property: include money, goods, chattels, things in action, and evidences of debt. See California Civil Code 14
Personal property: All property that is not real property.
persons: includes corporations, firms, partnerships and associations existing under or authorized by the laws of this State or any other State, or any foreign country. See California Business and Professions Code 16702
Pest control operation: means the application of any pest control material or substance by an operator. See California Food and Agricultural Code 11931
pickup truck: is a motor truck with a manufacturer's gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length. See California Vehicle Code 471
Pipeline: includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. See California Government Code 51010.5
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan: means a community revitalization and investment plan and shall be deemed to be the plan described in §. See California Government Code 62000
Plan area: means territory included within a community revitalization and investment area. See California Government Code 62000
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Pledged revenue: means a specified annual dollar amount from a specified source or combination of sources of revenue, which the legislative body of a local agency, in a resolution providing for the issuance of limited obligation bonds, has designated and pledged as security for the bonds in accordance with Section 50665. See California Government Code 50665.1
pocket bike: is a two-wheeled motorized device that has a seat or saddle for the use of the rider, and that is not designed or manufactured for highway use. See California Vehicle Code 473
Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Elections Code 338.5
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Elections Code 338.6
precinct board: means the board appointed by the elections official to serve at a vote center. See California Elections Code 339
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See California Commercial Code 10103
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Primary code: as used in this article , means any code which is directly adopted by reference, in whole or in part, by any ordinance passed pursuant to this article. See California Government Code 50022.1
Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
Prime agricultural land: means any of the following:
California Government Code 51201
Private building: means and includes any dwelling, outbuilding, or other enclosed structure. See California Business and Professions Code 7500.1
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Government Code 22
Produced: includes mined and manufactured. See California Government Code 4300
Production facility: means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. See California Government Code 51010.5
Professional employee: means :
California Government Code 3562
Program: means the Carl Moyer Memorial Air Quality Standards Attainment Program created by subdivision (a) of Section 44280. See California Health and Safety Code 44275
Project: means the purposes for which a district has applied for assistance in the rehabilitation or replacement of unsafe school facilities at a given attendance center. See California Education Code 16314
Project: as used in this article includes buildings, structures, improvements and all facilities appurtenant thereto or provided therefor together with land and offstreet parking facilities necessary therefor to be financed by revenue bonds issued pursuant to this article. See California Government Code 6545
property: includes property real and personal. See California Civil Code 14
Property: includes both real and personal property. See California Evidence Code 185
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
public agency: means any state or local agency. See California Government Code 7920.525
Public agency: as used in this chapter , includes the State, its various commissions, boards and departments and any county, city, district or state agency authorized to enter into contracts for public work. See California Government Code 4401
public agency: includes , but is not limited to, the federal government or any federal department or agency, this state, another state or any state department or agency, a county, county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission of this state or another state, a federally recognized Indian tribe, or any joint powers authority formed pursuant to this article by any of these agencies. See California Government Code 6500
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public drinking water well: means a wellhead that provides drinking water to a public water system as defined in §. See California Government Code 51010.5
Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
public improvement: means facilities or interests in real property, including easements, rights-of-way, and interests in fee title, owned by a public agency or person, as defined in subdivision (a) of Section 51291. See California Government Code 51290.5
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
public records: includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. See California Government Code 7920.530
public safety official: means the following parties, whether active or retired:
California Government Code 7920.535
public square: means any area or open space showing on a map or plat of a city, town, or village which has been filed or recorded in the office of the county clerk or county recorder of any county for more than fifty years and which is designated on the map or plat as a "square" or by other similar designation when no other words or insignia appear upon the map or plat showing the purposes for which the square may have been dedicated and when no deed, offer of dedication or other instrument appears of record in the office of the county recorder showing or indicating the purposes for which the same may have been dedicated. See California Government Code 50530
Published: as used in this article , means issued in printed, lithographed, multigraphed, mimeographed or similar form. See California Government Code 50022.1
Purchaser: means a person that takes by purchase. See California Commercial Code 1201
qualified manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536. See California Business and Professions Code 7512.7
qualified manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated, who has qualified pursuant to Section 7582. See California Business and Professions Code 7580.7 v2
Qualified manager: means an individual who is in active control, management, and direction of the licensee's business, and who is in possession of a current and valid qualified manager's certificate pursuant to this chapter. See California Business and Professions Code 7590.1
qualified manager: is a person who possesses a valid qualification certificate in accordance with the provisions of Article 5 (commencing with Section 7504) and is in active control or management of, and who is a director of, the licensee's place of business. See California Business and Professions Code 7500.1
Qualified person: means a person who completes a training program in accordance with the requirements of Section 1509 of Title 8 of the California Code of Regulations Injury and Illness Prevention Program, that meets the minimum locators training guidelines and practices published in the most recent version of the Best Practices guide of the Common Ground Alliance. See California Government Code 4216
Quorum: The number of legislators that must be present to do business.
Rates: as used in this chapter , includes rates and charges. See California Health and Safety Code 4955
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Real property: as used in this article is coextensive with lands, tenements, and hereditaments and includes land, any interest or estate in land, and any servitude upon land. See California Government Code 50301
Recaptured: means those moneys that are returned to a district or the state board by a grantee because that grantee did not meet contractual obligations. See California Health and Safety Code 44275
recognized employee organization: means an employee organization that has been recognized by an employer as the exclusive representative pursuant to Article 5 (commencing with Section 3544). See California Government Code 3540.1
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Refunding warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to provide funds for the payment of reimbursement warrants bearing a fixed maturity date or warrants issued pursuant to Section 17211. See California Government Code 17240
Regional notification center: means a nonprofit association or other organization of operators of subsurface installations that provides advance warning of excavations or other work close to existing subsurface installations, for the purpose of protecting those installations from damage, removal, relocation, or repair. See California Government Code 4216
registered owner: is a person registered by the department as the owner of a vehicle. See California Vehicle Code 505
Registered owner: means the individual listed in the records of the Department of Motor Vehicles, on a conditional sales contract, or on an assignment or a repossession order, as the registered owner. See California Business and Professions Code 7500.1
Registrant: means any person registered or who has applied for registration under this chapter. See California Business and Professions Code 7590.1
Registrant: means a person registered under this chapter. See California Business and Professions Code 7500.1
Registration service: includes , but is not limited to, a person who, for compensation, processes registration documents, conducts lien sales, or processes vehicle dismantling documents. See California Vehicle Code 505.2
Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
Reimbursement warrants: refers to warrants drawn by the Controller on the General Fund pursuant to this article to reimburse the General Cash Revolving Fund for demands against the General Fund for which warrants were drawn against the General Cash Revolving Fund. See California Government Code 17240
Relevant evidence: means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. See California Evidence Code 210
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Remedy: means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. See California Commercial Code 1201
Remote accessible vote by mail system: means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter who shall print the paper cast vote record to be submitted to the elections official. See California Elections Code 303.3
repair shop: is a place where vehicles subject to registration under this code are repaired, rebuilt, reconditioned, repainted, or in any way maintained for the public at a charge. See California Vehicle Code 510
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Repossession: means any of the following:
California Business and Professions Code 7500.1
repossession order: means any written authorization by the legal owner, lienholder, lessor, lessee, or registered owner, or the agent of any of them, to skip trace, locate, or repossess any collateral, including, but not limited to, collateral registered under the Vehicle Code that is subject to a security agreement that contains a repossession clause. See California Business and Professions Code 7500.1
Repower: means replacing an engine with a different engine. See California Health and Safety Code 44275
representative: is a ny person regularly employed by a manufacturer or distributor for the purpose of negotiating or promoting the sale of the manufacturer's or distributer's vehicles to their franchisees or for regularly supervising or contacting franchisees or prospective franchisees in this state for any purpose. See California Vehicle Code 512
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Resident: means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. See California Vehicle Code 516
Resolution: means a resolution by which a legislative body authorizes the issuance, sale, and delivery of bonds. See California Government Code 50665.1
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
retail sale: is a sale of goods to a person for the purpose of consumption and use, and not for resale to others, including, but not limited to, an arrangement where a motor vehicle is consigned to a dealer for sale. See California Vehicle Code 520
Retrofit: means making modifications to the engine and fuel system so that the retrofitted engine does not have the same specifications as the original engine. See California Health and Safety Code 44275
Returned: means those moneys sent by a district to the state board for reallocation because those moneys are not liquidated by a liquidation deadline. See California Health and Safety Code 44275
Revenue: as used in this chapter shall mean all fees, rates, charges, rentals or other income and revenue actually received or receivable by or for the account of the board from the operation of any particular project including without limiting the generality of the foregoing interest allowed on any moneys or securities and any proceeds derived from the sale of any securities and any consideration in any way derived from the particular project owned, operated or maintained by the board. See California Government Code 50798.2
Revenues: include the proceeds of ad valorem taxes on real property levied by, or allocated to, the local agency, and the proceeds of sales and use taxes. See California Government Code 50665.1
Revitalization project: means a physical improvement to real property funded by the authority. See California Government Code 62000
Right: includes remedy. See California Commercial Code 1201
Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. ^{Source: OCC}
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
Roster: means the official list of voters for an election, which may be in paper or electronic form. See California Elections Code 349.5
Rural area: means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development. See California Government Code 51010.5
Salvage pool: means a person engaged exclusively in the business of disposing of total loss salvage vehicles, nonrepairable vehicles, or recovered stolen vehicles sent to it by, or on behalf of, insurance companies, authorized adjusters, leasing companies, self-insured persons, or financial institutions. See California Vehicle Code 543
scenic highway corridor: is a n area adjacent to, and within view of, the right-of-way of:
California Government Code 51201
School building: as used in this article means and includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. See California Education Code 17283
School measure: means any proposition, including but not limited to, a proposal for the issuance of bonds by a school district or community college district, an increase in the maximum tax rate of a school district or community college district, or the acceptance, expenditure, and repayment of state funds by a school district or community college district to enable the district to construct buildings and other facilities, submitted to the voters of the district at any election held in the district. See California Elections Code 350
schoolbus: is a motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th grade level to or from a public or private school or to or from public or private school activities, except the following:
California Vehicle Code 545
scope of representation: means , and is limited to, wages, hours of employment, and other terms and conditions of employment. See California Government Code 3562
Second-stage manufacturer: means the installer of the structure and equipment permanently upon the engine, chassis, and drive train of the vehicle rendering the vehicle complete and suitable for human habitation and ready for delivery to the dealer or the buyer. See California Vehicle Code 11930
Secondary code: as used in this article , means any code which is incorporated by reference, directly or indirectly, in whole or in part, in any primary code or in any secondary code. See California Government Code 50022.1
Secretary: means the Secretary of Food and Agriculture. See California Food and Agricultural Code 35
Secured area: means and includes any fenced and locked area. See California Business and Professions Code 7500.1
Security agreement: means an obligation, pledge, mortgage, chattel mortgage, lease agreement, deposit, or lien, given by a debtor as security for payment or performance of a debt, by furnishing the creditor with a recourse to be used in case of failure in the principal obligation. See California Business and Professions Code 7500.1
Security interest: includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Division 9 (commencing with Section 9101). See California Commercial Code 1201
Security loan agreement: means a written contract whereby a legal owner (the lender) agrees to lend specific marketable corporate or government securities for a period not to exceed one year. See California Government Code 7601
Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Food and Agricultural Code 44
Service credit: means the aggregate of certified service credit. See California Government Code 50952
Service of process: The service of writs or summonses to the appropriate party.
Service year: means the period beginning July 1 and ending June 30 of the following year. See California Government Code 50952
services: means those services relating to the processing of traffic infraction cases at, and for, the court, including printing and providing to the court and traffic violators hard copy county-specific lists printed from the department's Internet Web site, administratively assisting traffic violators, and any other lawful activity relating to the administration of the court's traffic infraction caseload. See California Vehicle Code 11205.2
Services: means the application, from an aircraft, of chemicals, seeds, or fertilizers. See California Government Code 4360
Services: means any duty or labor to be rendered by one person for another. See California Business and Professions Code 7500.1
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Signature: includes either of the following:
California Elections Code 354.5
Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Corporations Code 17
Signature stamp: means a stamp that contains the impression of any of the following:
California Elections Code 354.5
Software: includes all programs, voting devices, cards, ballot cards or papers, operating manuals or instructions, test procedures, printouts, and other nonmechanical or nonelectrical items necessary to the operation of a voting system. See California Elections Code 355
solar collector: includes a fixed device, structure, or part of a device or structure that is used primarily to transform solar energy into thermal, chemical, or electrical energy and that is installed on the ground because a solar collector cannot be installed on the roof of the building receiving the energy due to inappropriate roofing material, slope of the roof, structural shading, or orientation of the building. See California Public Resources Code 25981
Solar-use easement: means any right or interest acquired by a county, or city in perpetuity, for a term of years, or annually self-renewing as provided in Section 51191. See California Government Code 51190
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
Special construction equipment: is:
California Vehicle Code 565
Special district: means an agency of the state, formed pursuant to general law or a special act, for the performance of governmental or proprietary functions, with limited geographic boundaries, including, but not limited to, a school district and a community college district. See California Government Code 50075.5
Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Elections Code 356
Spouse: includes "registered domestic partner" as required by §. See California Business and Professions Code 14.2
Spouse: includes "registered domestic partner" as required by §. See California Elections Code 356.5
Spouse: includes "registered domestic partner" as required by §. See California Evidence Code 215
Spouse: includes "registered domestic partner" as required by §. See California Food and Agricultural Code 36
Spouse: includes "registered domestic partner" as required by §. See California Vehicle Code 12.2
Spouse: includes "registered domestic partner" as required by §. See California Government Code 12.2
State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
state agency: means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. See California Government Code 7920.540
State agency: means every state agency, department, division, bureau, board, or commission. See California Government Code 4216
state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
State of principal use: means the state on which waters a vessel is used or intended to be used most during a calendar year. See California Vehicle Code 9840
Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Evidence Code 225
Statewide election: is a n election held throughout the state. See California Elections Code 357
Statute: A law passed by a legislature.
Statute: includes a treaty and a constitutional provision. See California Evidence Code 230
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Street: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Vehicle Code 590
Structure: means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead lines. See California Government Code 50485.1
Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
submerged area: is a ny land determined by the board or council to be submerged or subject to tidal action and found by the board or council to be of great value to the state as open space. See California Government Code 51201
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
subscription: includes 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. See California Vehicle Code 17
subscription: includes mark when the signer or subscriber can not 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. See California Government Code 16
Subsurface installation: means any underground pipeline, conduit, duct, wire, or other structure, except nonpressurized sewerlines, nonpressurized storm drains, or other nonpressurized drain lines. See California Government Code 4216
Summons: Another word for subpoena used by the criminal justice system.
Superintendent: means street superintendent, his assistants and deputies, or other public officer designated by the legislative body to perform the duties imposed by this article upon the superintendent. See California Government Code 50230
Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See California Commercial Code 10103
supplies: includes goods, wares, merchandise, and manufactures. See California Government Code 4330
Supplies: means supplies used by an agricultural aircraft operator in performing services. See California Government Code 4360
Tax rate area: means a geographical area in which there is a unique combination of tax levies. See California Government Code 51104
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
Term: means a portion of an agreement that relates to a particular matter. See California Commercial Code 1201
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Ticket: means an excavation location request issued a number by the regional notification center. See California Government Code 4216
Timber: means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, including Christmas trees, but does not mean nursery stock. See California Government Code 51104
Timberland: means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least 15 cubic feet per acre. See California Government Code 51104
timberland preserve zone: means "timberland production zone. See California Government Code 51104
Tolerance zone: means 24 inches on each side of the field marking placed by the operator in one of the following ways:
California Government Code 4216
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Total loss salvage vehicle: means either of the following:
California Vehicle Code 544
tow truck: is a motor vehicle which has been altered or designed and equipped for, and primarily used in the business of, transporting vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise primarily used to render assistance to other vehicles. See California Vehicle Code 615
Town: includes "unincorporated town" and "village. See California Government Code 21
toxic air contaminant: means an air pollutant that may cause or contribute to an increase in mortality or an increase in serious illness, or which may pose a present or potential hazard to human health. See California Food and Agricultural Code 14021
TPZ: means an area which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, as defined in subdivision (h). See California Government Code 51104
Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
California Civil Code 3426.1
traffic: includes pedestrians, ridden animals, vehicles, street cars, and other conveyances, either singly or together, while using any highway for purposes of travel. See California Vehicle Code 620
traffic violator school: is a business that, for compensation, provides, or offers to provide, instruction in traffic safety, including, but not limited to, classroom traffic violator curricula, for persons referred by a court pursuant to Section 42005 or to other persons who elect to attend. See California Vehicle Code 626
traffic violator school branch or classroom location: is a ny place where a traffic violator school conducts instruction or maintains records. See California Vehicle Code 626.2
traffic violator school instructor: is a ny person who provides instruction to traffic violators on behalf of a traffic violator school. See California Vehicle Code 626.4
traffic violator school owner: is a ny natural person, association, or corporation that owns a traffic violator school. See California Vehicle Code 626.8
trailer: includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer. See California Vehicle Code 630
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
transferee: is a person who has acquired the sole ownership of or an equity in a vehicle of a type required to be registered under this code. See California Vehicle Code 640
Tree: means any object of natural growth. See California Government Code 50485.1
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Evidence Code 235
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Unapplied money: means money in the General Fund in the treasury for which outstanding warrants have not already been drawn and which would remain in the General Fund if all outstanding warrants theretofore drawn were paid. See California Government Code 17220
Undocumented vessel: means any vessel which is not required to have and does not have a valid marine document issued by the Bureau of Customs of the United States or any federal agency successor thereto. See California Vehicle Code 9840
Unexpected occurrence: includes , but is not limited to, a fire, flood, earthquake or other soil or geologic movement, riot, accident, damage to a subsurface installation requiring immediate repair, or sabotage. See California Government Code 4216
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
United States: means the United States of America, and in relation to any particular matter includes the officers, agents, employees, agencies, or instrumentalities authorized to act in relation thereto. See California Water Code 20
United States: means the United States of America, and includes any Territory or insular possession of the United States. See California Government Code 4300
Use: means operate, navigate, or employ. See California Vehicle Code 9840
used vehicle: is a vehicle that has been sold, or has been registered with the department, or has been sold and operated upon the highways, or has been registered with the appropriate agency of authority, of any other state, District of Columbia, territory or possession of the United States or foreign state, province or country, or unregistered vehicles regularly used or operated as demonstrators in the sales work of a dealer or unregistered vehicles regularly used or operated by a manufacturer in the sales or distribution work of such manufacturer. See California Vehicle Code 665
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Vegetation: means all plants, including trees, shrubs, grass, and perennial or annual plants. See California Government Code 51177
vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Vehicle Code 670
Vehicle manufacturer: is a ny person who produces from raw materials or new basic components a vehicle of a type subject to registration under this code, off-highway motorcycles or all-terrain vehicles subject to identification under this code, or trailers subject to identification pursuant to Section 5014. See California Vehicle Code 672
vehicle verifier: is a person not expressly excluded by Section 675. See California Vehicle Code 675.5
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Very high fire hazard severity zone: means an area designated as a very high fire hazard severity zone by the State Fire Marshal pursuant to Section 51178 that is not a state responsibility area. See California Government Code 51177
Very low emission vehicle: means a heavy-duty vehicle with emissions significantly lower than otherwise applicable baseline emission standards or uncontrolled emission levels pursuant to Section 44282. See California Health and Safety Code 44275
Vessel: includes every description of watercraft used or capable of being used as a means of transportation on water, except the following:
California Vehicle Code 9840
Violent act: means any act that results in bodily harm or injury to any party involved during the repossession up until the time the repossessor is back in their vehicle. See California Business and Professions Code 7500.1
Volunteer: means a person registered as a volunteer member of a regularly organized fire department as defined in subdivision (k). See California Government Code 50952
Vote center: means a location established for holding elections that offers the services described in Sections 2170 and 4005. See California Elections Code 357.5
Voter: means any elector who is registered under this code. See California Elections Code 359
Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5
Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Elections Code 362
Waters of this state: means any waters within the territorial limits of this state. See California Vehicle Code 9840
Wildfire: means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire. See California Government Code 51177
wildlife habitat area: is a land or water area designated by a board or council, after consulting with and considering the recommendation of the Department of Fish and Game, as an area of importance for the protection or enhancement of the wildlife resources of the state. See California Government Code 51201
will: includes codicil. See California Civil Code 14
Works: as used in this chapter , includes any or all of the following facilities, including, but not limited to, necessary lands, rights-of-way, or other property:
California Health and Safety Code 4950
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
writing: means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Government Code 7920.545
Writing: means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Evidence Code 250

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California Codes > Government Code > Title 5 > Division 1 > Part 1 – POWERS AND DUTIES COMMON TO CITIES AND COUNTIES

Terms Used In California Codes > Government Code > Title 5 > Division 1 > Part 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES

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