Section
10.01 Title of code
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Rules of interpretation
10.07 Severability
10.08 Reference to other sections
10.09 Reference to offices
10.10 Errors and omissions
10.11 Official time
10.12 Reasonable time
10.13 Ordinances repealed
10.14 Ordinances unaffected
10.15 Repeal or modification of ordinance
10.16 Section histories; statutory references
10.17 Local changes to this code of ordinances
10.99 General penalty
(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY, MUNICIPAL CORPORATION or MUNICIPALITY. The City of Columbus, Nebraska.
CITY COUNCIL or GOVERNING BODY. The City of Columbus, Nebraska.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as modified by amendment, revision and adoption of new titles, chapters or sections.
COUNTY. Platte County, Nebraska.
FEE. A sum of money charged by the city for the carrying on of a business, profession or occupation.
KNOWINGLY. Imports 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.
MAY. The act referred to is permissive.
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.
NEGLIGENT, NEGLECT or 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 or her own concern.
NUISANCE. The erecting, continuing, using or maintaining of any building, structure or other place, which, by occasioning noxious exhalations, noisome or offensive smells becomes injurious and dangerous to the health, comfort or property of individuals or the public; the obstructing or impeding, without legal authority of any public right-of-way; and the corrupting or rendering unwholesome or impure of any watercourse, stream or water.
OATH. Includes an affirmation 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 words 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.
OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of this city unless the context clearly requires otherwise.
OPERATOR. The person who is in charge of any operation, business or profession.
OWNER. 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. Includes bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies and associations.
(Neb. Rev. Stat. § 49-801(16))
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.
PRECEDING or FOLLOWING. Next before or next after, respectively.
RETAILER. Understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.
SHALL. The act referred to is mandatory.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of Nebraska.
STREET. Includes alleys, lanes, courts, boulevard, public ways, public square, public places and sidewalks.
SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.
TENANT. Any person who occupies the whole or any part of a building or land whether alone or with others.
WHOLESALER or WHOLESALE DEALER. Relates 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. Any representation of words, letters or figures, whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed.
(Prior Code, § 10.05)
The construction of all ordinances of this city shall be by the following rules, unless that construction is plainly repugnant to the intent of the Mayor and City Council or of the context of the same ordinance.
(A) AND or OR. Either conjunction shall include the other as if written “and/or,” if the sense requires it.
(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.
(C) Gender; singular and plural; tenses. 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.
(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
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