All words and phrases shall be construed and understood 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.
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.
BOARD OF TRUSTEES: The governing body of the Village of Cloudcroft, New Mexico.
BUSINESS DEALING WITH PUBLIC: Such solicitations and transactions regularly engaged in for monetary or other consideration, but does not mean isolated or casual business transactions in which the public is not invited or expected to participate and which are outside the scope of a person's regular business operation.
CODE, THIS CODE: The Village Code of the Village of Cloudcroft, New Mexico, unless the context indicates otherwise.
COUNTY: The County of Otero.
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.
DEPARTMENT, BOARD OR EMPLOYEE: Whenever any department, board, commission, office, officer or employee is referred to, it shall mean a department, board, commission, office, officer or employee of the Village, unless the context clearly indicates otherwise.
DISCRIMINATE: Includes, but is not limited to, separate or segregate.
EMPLOYEE: Does not include any individual employed by his parent, spouse or child or in the domestic service of any person.
EMPLOYER: Any person employing one or more employees in some kind of employment and any person acting in the interest of such employer, but does not include a social or fraternal club not organized for profit.
EMPLOYMENT AGENCY: Any person undertaking with or without compensation, to produce opportunities to work or to procure, recruit, refer or place persons for employment.
FEE: A sum of money charged by the Village 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.
GUARDIAN: A person having care, custody and control of another person and having the duty to manage and control the person and property of the other person. Guardian includes parent.
HOUSING: Any building, structure or portion thereof, used, occupied, intended, arranged or designed to be used or occupied as the home, residence or living quarters of one or more human beings, or any parcel of land or portion thereof, available for the construction of such building or structure.
LABOR ORGANIZATION: Any organization existing and constituted for the purposes, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms of conditions of employment, or for other mutual aid or protection in relation to employment.
LENDING INSTITUTION: Any person regularly engaged in the business of lending money or guaranteeing loans.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MINOR: Any person under the age of eighteen (18) years.
MONTH: A calendar month.
NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the Village, 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.
OATH: Includes affirmation or declaration.
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: Any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.
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: Shall include 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, FOLLOWING: Next before and next after, respectively.
PROPERTY: Shall include real and personal property.
REAL PROPERTY: Shall include lands, tenements and hereditaments.
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.
SHALL, MAY: Shall is mandatory and may is permissive.
SIGNATURE OR SUBSCRIPTION BY MARK: Includes a mark when the signer 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 (2) witnesses so sign their own names thereto.
STATE: The State of New Mexico.
STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
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.
TENSES: The present tense includes the past and future tenses, and the future includes the present.
TIME: A. Computation: The time within which an act is to be done as provided in this Code or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Saturday, Sunday or holiday it shall be excluded; and when such time is expressed in hours, the whole of Saturday, Sunday or a holiday, from midnight to midnight, shall be excluded.
B. Reasonable: In all cases where any section of this Code shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.
VILLAGE, THIS VILLAGE: The Village of Cloudcroft, New Mexico.
WEEK: Consists of seven (7) consecutive days.
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.
WRITING: 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.
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.
YEAR: A calendar year, except where otherwise provided. (1976 Code § 1-1-2; amd. 2000 Code)