(A) Rules of interpretation. This code shall be construed by the following rules unless the construction is plainly repugnant to the legislative intent or context of the provision.
(1) All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
(Prior Code, § 1.04.030)
(2) Words imputing joint authority to three or more persons shall be construed as imputing authority to a majority of the persons unless otherwise declared in the section giving the authority.
(3) When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.
(Prior Code, § 1.04.050)
(4) The following grammatical rules shall apply in the ordinances of the town unless it is apparent from the context that a different construction is intended.
(a) Gender. Each gender includes the masculine, feminine and neuter genders.
(b) Singular and plural. The singular number includes the plural and the plural includes the singular.
(c) Tenses. Words used in the present tense include the past and the future tenses, and vice versa, unless manifestly inapplicable.
(Prior Code, § 1.04.040)
(B) Definitions. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. A person acting on behalf of another.
CODE. Unless otherwise specifically stated, shall mean this code.
COUNTY. The County of Chouteau, Montana.
EMPLOYEES. Whenever reference is made in this code to a town employee by title only, this shall be construed as though followed by the words “of the town.”
FEE. A sum of money charged by the town for the carrying on of a business, profession or occupation.
HIGHWAY. Includes bridges, roads and streets unless otherwise expressly provided.
KNOWINGLY. Imports only a knowledge that the facts exist which brings the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.
LAW. Denotes applicable federal law, the Constitution and statutes of the State of Montana, the ordinances of the Town of Big Sandy 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. The act referred to is permissive.
MCA. The abbreviation for Montana Code Annotated.
MISDEMEANOR. Any offense deemed a violation of the provisions of this code which is a lesser offense than a felony, as defined by state law.
MONTH. A calendar month.
MUNICIPALITY or MUNICIPAL. The Town of Big Sandy.
MUST and SHALL. The act referred to is mandatory.
NEGLECT, NEGLIGENT, NEGLIGENCE or NEGLIGENTLY. A want of such attention to the nature or probable consequences of the act or omission as a prudent person ordinarily bestows in acting in his or her own concern.
NUISANCE. Anything offensive or obnoxious to the health and welfare of the inhabitants of the town; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on, the property of another person or to 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 word “affirm” and “affirmed.”
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 town officer by title only, shall be construed as though followed by the words “of the town.”
OPERATOR. The person who is in charge of any operation, business or profession.
OWNER. Applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.
PERSON. Includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust or organization or the manager, lessee, agent, servant, officer or employee of any of them.
PERSONAL PROPERTY. Includes money, goods, chattels, things in action and evidences of debt.
PRECEDING and FOLLOWING. Next before and next after, respectively.
PROPERTY. Includes real and personal property.
PUBLIC THOROUGHFARE. Includes streets, alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
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 in small quantities direct to the consumer.
RIGHT-OF-WAY. The privilege of the immediate use of the roadway or other property.
SIDEWALK. The portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
STATE. The State of Montana.
STREET. Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this town which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
TENANT and OCCUPANT. Applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
TOWN or CITY. The Town of Big Sandy, State of Montana, or the area within the territorial limits of the town, and such territory outside of the town over which the town has jurisdiction or control by virtue of any constitutional or statutory provision.
TOWN CLERK-TREASURER. The Clerk-Treasurer of the town.
TOWN COUNCIL. The Council of the town. “All its members” or “all Council members” means the total number of Council members holding office.
WHOLESALER or WHOLESALE DEALER. As used in this code, unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.
WILLFULLY. When applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.
WRITTEN and IN WRITING. Include printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form.
YEAR. A calendar year.
(Prior Code, § 1.04.010)
(Ord. 88-2, passed - -1988)