(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) Words and phrases shall be taken in their plain, ordinary, and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(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) Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.
(4) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(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.
CITY. The City of Big Timber.
CITY CLERK/TREASURER. The City Clerk/Treasurer of the city.
CITY COUNCIL. The City Council.
CODE. Unless otherwise specifically stated, shall mean this code.
COUNTY. Sweet Grass County, Montana.
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.
FEE. A sum of money charged by the city 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.
LICENSE. The permission granted for the carrying on of a business, profession, or occupation.
MAY. The act referred to is permissive. (See SHALL.)
MCA. 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. One calendar month.
MUNICIPALITY or MUNICIPAL. The city of Big Timber.
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 city; 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 affirmation.
OCCUPANT. As applied to a building or land, includes 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, shall be construed as though followed by the words of the city.
OPERATOR. The person who is in charge of any operation, business, or profession.
OWNER. As applied to a building or land, includes any part owner, joint owner, tenant in common, or joint tenant or lessee of the whole or of a part of such building or land.
PERSON. Includes the singular and the plural and shall also mean and include any person, firm, corporation, association, partnership, or any other form of association or organization.
PERSONAL PROPERTY. Includes 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. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.
PUBLIC THOROUGHFARE. Shall include streets, alleys, lanes, courts, boulevards, public ways, public squares, public places, and sidewalks.
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.
SHALL. The act referred to is mandatory. (See MAY.)
STATE. The State of Montana.
STREET. Includes alleys, lanes, courts, boulevard, public ways, public square, public places, and sidewalks.
TENANT. As applied to a building or land, includes any person who occupies the whole or any part of such building or land whether alone or with others.
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 printing, lithographing, or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person, or the person’s mark.
YEAR. One calendar year, unless otherwise expressly provided.
(2015 Code, § 1-3-2)