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.
BUSINESS: Includes any trade, profession, calling, activity, operation or enterprise for which a license or permit is required by any ordinance of the city.
CITY: The city of Clearfield, Davis County, Utah.
CITY ATTORNEY: The individual appointed to act as the city attorney of the city.
CITY COUNCIL: Unless otherwise indicated, the city council of the city of Clearfield, Utah.
CITY RECORDER: The individual appointed to act as the city recorder of the city.
CODE: The code of the city of Clearfield, Utah.
COUNTY: Davis County, Utah.
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 Clearfield".
FEE: A sum of money charged by the city for the carrying on of a business, profession or occupation.
GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.
HIGHWAY: Includes public bridges, and may be equivalent to the words "County way", "County road", "common road", and "State road".
KNOWINGLY: A knowledge that the facts exist which brings the act or omission within the provisions of this Code. It does not require a knowledge of the unlawfulness of such an act or omission.
LICENSE: The permission granted for the carrying on of a business, profession or occupation. The term "license" includes any certificate, permit or license issued by the City.
LOCATION: Whenever any act, conduct or offense is prohibited or required and no reference is made to location, unless the context specifically indicates otherwise, the act, conduct or offense prohibited or required shall be within the boundaries of this City.
MISDEMEANOR 1 : Any offense in violation of the provisions of this Code. It is a lesser offense than a felony, as defined in State Statute.
MUNICIPAL JUSTICE COURT: The Municipal Justice Court of Clearfield, Utah.
NEGLIGENT, NEGLECT, NEGLIGENCE: Imports 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 own concern.
NUISANCE: Anything offensive or obnoxious 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.
OCCUPANT, 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.
OFFENSE: Any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.
OFFICERS, OFFICIALS: Any elected or appointed person employed by the City, unless the context clearly indicates otherwise. Whenever reference is made in this Code to a City officer or official by title only, this shall be construed as though followed by the words "of the City of Clearfield".
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: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
PERSONAL PROPERTY: 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.
PRIMA FACIE EVIDENCE: A legal term used to mean that you have enough evidence to prove something by pointing to some basic facts, but that your proof can be refuted.
PROPERTY: Both real and personal property.
REASONABLE TIME: In all cases where any ordinance requires that an act be done in a reasonable time or that reasonable notice be given, such reasonable time for such notice shall be deemed to mean such time as may be necessary for the expeditious performance of such duty or compliance with such notice.
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.
ROAD: Includes public bridges, and may be equivalent to the words "County way", "County road", "common road", and "State road".
STATE: The State of Utah.
STREET: Alleys, lanes, courts, boulevards, public ways, public squares, public places, sidewalks, gutters and culverts, crosswalks and intersections.
TENANT, 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.
TIME COMPUTED: The time within which an act is to be done as provided in any ordinance or in any resolution or order of the City, when expressed in days, shall be determined by excluding the first day and including the last day, except if the last day be a Sunday or a legal holiday, then the last day shall be the day next following such Sunday or legal holiday which is not a Sunday or legal holiday. When time is expressed in hours, Sunday and all legal holidays shall be excluded.
WEEK: Any seven (7) day period.
WHOLESALER: The terms "wholesaler" and "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 to persons who purchase for the purpose of resale.
WILFULLY: 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 an advantage.
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. (1966 Code § 1-5-1; amd. 2000 Code; Ord. 2006-12, 9-12-2006; Ord. 2009-13, 11-24-2009; Ord. 2017-18, 11-14-2017)
Notes
| 1 | 1. See chapter 4 of this title. |