In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise.
BRIBE. Any goods, money, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given or accepted, with a corrupt intent to influence unlawfully the person to whom it is given in his or her action, vote or opinion in any public or official capacity.
CITY. The words “the city” or “this city” shall be construed as if followed by the words “of Brigham City, Utah”.
CODE or THIS CODE. The Code of the City of Brigham City, Utah.
COMPUTATION OF TIME. The time in which any act provided by law is to be done is computed by excluding the first day and including the last unless the last day is a holiday and then it also is excluded.
CORRUPTLY. A wrongful desire to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person.
COUNCIL. The City Council of Brigham City, Utah.
COUNTY. The County of Box Elder.
DAY. The period of time between any midnight and the midnight following.
DAYTIME; NIGHTTIME. DAYTIME is the period of time between sunrise and sunset. NIGHTTIME is the period of time between sunset and sunrise.
GENDER. The masculine gender includes the feminine and neuter.
HIGHWAY; ROAD. Includes public bridges, and may be held equivalent to the words COUNTY HIGHWAY, COUNTY ROAD, COMMON ROAD and STATE ROAD.
IN THE CITY or WITHIN THE CITY. All territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
JAIL. The jail or prison in which prisoners of the city are confined.
JOINT AUTHORITY. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
KNOWINGLY. A knowledge that the facts exist which bring the act or omission within the provisions of this code or an ordinance. It does not require any knowledge of the unlawfulness of such an act or omission.
MALICE and MALICIOUSLY. A wish to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or by presumption of law.
MONTH. A calendar month unless otherwise expressed.
MUNICIPALITY. The words “the municipality” or “this municipality” shall be construed as if followed by the words “of Brigham City, Utah”.
NEGLIGENCE, NEGLECT and NEGLIGENTLY. A want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his or her own concerns.
NUMBER. The singular number includes the plural, and the plural number includes the singular.
OATH. Includes “affirmation” and the word “swear” includes the word “affirm”. Every mode of oral statement under oath or affirmation is embraced in the term “testify” and every written one in the term “depose”.
OFFICERS, DEPARTMENTS AND THE LIKE. Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise. The word OFFICER shall include officers and boards in charge of departments and members of such boards.
OFFICIAL TIME. Whenever certain hours are named in this code, they shall mean Standard Time or Daylight Saving Time, as may be in current use in the city.
OR; AND. “Or” may be read “and”, and “and” may be read “or”, if the sense requires it.
OWNER. Applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
PERSON. Any person, firm, association, organization, body politic, partnership, business trust, corporation or company.
PERSONAL PROPERTY. Includes every species of property, except real property, as defined in this section.
PRECEDING; FOLLOWING. The words “preceding” and “following” mean next before and next after, respectively.
PROCESS. Includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
PROPERTY. Includes both real and personal property.
REAL PROPERTY AND THE LIKE. The terms “land”, “real estate” and “real property” include lands, tenements, hereditaments, water rights, possessory rights and claims.
SHALL; MAY. “Shall” is mandatory and “may” is permissive.
SIGNATURE or SUBSCRIPTION BY MARK. Includes a 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; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
STATE. The State of Utah.
STREET. Includes alleys, lanes, courts, boulevards, public ways, public squares and sidewalks.
TENANT or OCCUPANT. Applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.
TENSES. The present tense includes the past and future tenses, and the future includes the present.
WEEK. A week consists of seven consecutive days.
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 the law, or to injure another, or to acquire any advantage.
WORDS REQUIRING LICENSE OR PERMIT. Words prohibiting anything being done except in accordance with a license or permit or authority from a board or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.
WRITING. Includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise.
YEAR. A calendar year, except where otherwise provided. The word “year” or the abbreviation “A.D.” is equivalent to the expression “year of our Lord”.
(Prior Code, § 1.02.020)