(A) General rule. Words and phrases shall be taken in their plain, ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. A person acting on behalf of another with authority conferred, either expressly or by implication.
BOARD or TOWN BOARD OF TRUSTEES. The Town Board of Trustees of Bernice.
BOND. An obligation in writing, binding the signatory to pay a sum certain upon the happening or failure of an event.
BUILDING. Any structure intended to have walls and a roof.
BUILDING OFFICER. The person appointed by the town and designated as the town’s Building Officer.
BUSINESS. Any profession, trade, occupation and any other commercial enterprise conducted for monetary reward.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This municipal code as modified by amendment, revision and adoption of new titles, chapters or sections.
COUNTY. Delaware County, Oklahoma.
DESIGNEE. Following an official of the town, means the authorized agent, employee or representative of such official.
HEALTH OFFICER. Director of the cooperative department of the county and the town.
JOINT AUTHORITY. All words giving JOINT AUTHORITY to three or more persons or officers shall be construed as giving authority to a majority of the persons or officers.
KEEPER. One in possession of or who has the care, custody or superintendence of a thing, place or business, whether or not the owner or proprietor, and includes any person, firm, association, corporation, club and copartnership, whether acting by themselves or by a servant, agent or employee.
LAW. Applicable federal law, provisions of the state constitution and state statutes, the ordinances of the town and, when appropriate, any and all rules and regulations promulgated thereunder.
LICENSE. The permission granted for the carrying on of a business, profession or occupation.
MAY. The act referred to is permissive.
MAYOR. The Mayor of the town.
MONTH. A calendar month.
OATH. An affirmation 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. The unlawful act of doing, or failing to do, some particular act or thing construed therein to be detrimental to the general welfare, morals, peace, health or safety of the inhabitants of the town.
OPERATE. Carry on, keep, conduct, maintain, manage, direct or superintend.
OPERATOR. The person who is in charge of any operation, business or profession.
OTHER OFFICIALS or OFFICERS AND THE LIKE. Whenever reference is made to officers, agencies or departments by title only, such as “Clerk-Treasurer”, “Town Attorney”, “Fire Chief”, “Police Chief” and the like, they shall mean the officers, agencies or departments of the town.
OWNER.
(a) One who has complete dominion over particular property and who is the one in whom legal or equitable title rests.
(b) When applied to a building or land, OWNER means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common or joint tenant of the whole or part of such building or land.
PERSON. Includes natural persons, corporations (private and public), partnerships and all other unincorporated organizations, trusts, estates and government agencies, except when a contrary intention plainly appears.
PERSONAL PROPERTY. Any money, goods, moveable chattels, things in action, evidence of debt, all objects and rights which are capable of ownership and every other species of property, except real property.
PRECEDING; FOLLOWING. Next before and next after, respectively.
PROPERTY. Real and personal property.
PROPRIETOR. An owner of the property or premises, including any person, firm, association, corporation, club, partnership or other group acting as a unit, whether acting by themselves or by a servant, agent or employee.
PUBLIC PLACE. Any public street, road or highway, alley, lane, sidewalk, crosswalk or other public way, or any public resort, place of amusement, stadium, athletic field, park, playground, public building or grounds appurtenant thereto, school buildings or school grounds, public parking lot or any vacant lot, the elevator, lobby, halls, corridors and areas open to the public of any store, office or apartment building or any other place commonly open to the public.
REAL PROPERTY. Land, together with all things attached to the land so as to become a part thereof.
RETAILER. Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
SHALL. The act referred to is mandatory.
SIDEWALK. The portion of a street between the curb line and the adjacent property along the margin of a street or other highway, designed, constructed and intended for the use of pedestrians to the exclusion of vehicles.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of Oklahoma.
STATUTORY REFERENCES. References to the statutes of the state as they now are or as they may be amended.
STREET. Street, avenue, boulevard, road, alley, lane, viaduct, highway, court, place, square, curb or any other public way in the town which is dedicated and open to public use.
SUBCHAPTER.
(a) A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading.
(b) Not all chapters have SUBCHAPTERS.
TENANT. Any person occupying the premises, building or land of another in subordination to such other person’s title and with his or her express or implied consent, whether he or she occupies the whole or a part of those premises, building or land, whether alone or with others.
TOWN, THIS TOWN or MUNICIPALITY. The Town of Bernice, Oklahoma.
TOWN LIMITS. Within the town, and includes not only the corporate limits of the town, but also any property which it owns or which is under its jurisdiction.
WATERCOURSE. Any drain, ditch or stream, flowing in a definite direction or course, in a bed with banks.
WEEK. Seven days.
WHOLESALER. 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. Any representation of words, letters or figures, whether by printing or otherwise.
YEAR. A calendar year.
(Prior Code, § 1-3-2)