Whenever the following words or terms are used in this code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
CITY: The city of Artesia, county of Eddy, state of New Mexico, or the area within the territorial limits of the city, over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
CODE: The city code of the city of Artesia.
COUNCIL: Unless otherwise indicated, the city council of the city of Artesia, New Mexico. "All its members" or "all council persons" means the total number of council persons holding office. The words "city council" shall mean the "governing body of the city".
COUNTY: The county of Eddy, state of New Mexico.
EMPLOYEES: Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words "of the city of Artesia".
GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.
GOVERNING BODY: The city council composed of the mayor and the council members.
LAW: Denotes applicable federal law, the constitution and statutes of the state of New Mexico, the ordinances of the city of Artesia, New Mexico and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MAY: Is permissive.
MONTH: A calendar month.
MUST, SHALL AND WILL: Are each mandatory.
NMSA: New Mexico Statutes Annotated.
NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city, or any activity which by its perpetuation can reasonably be said to have a detrimental effect on the property of a person or persons within the community.
OATH: Includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.
OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
OFFICERS: Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words "of the city of Artesia".
OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
PERSON: Includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
PRECEDING AND FOLLOWING: Next before and next after, respectively.
PROPERTY: Includes real and personal property.
REAL PROPERTY: Includes lands, tenements and hereditaments.
RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
RIGHT OF WAY: The privilege of the immediate use of the roadway or other property.
SIDEWALK: That portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE: The state of New Mexico.
STREET: Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.
TENANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
WHOLESALER AND WHOLESALE DEALER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person or, in case such person is unable to write, by such person's proper mark.
YEAR: A calendar year. (1996 Code § 1.04.010; amd. 2002 Code)