(A) Generally. In the construction of the official code and all ordinances amendatory thereof or supplementary thereto, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the legislative body or repugnant to the context.
(1) Intent to defraud. Whenever, by any of the provisions of the official code, an intent to defraud is required in order to constitute an offense, it is sufficient if an intent appears to defraud any person, association or body politic, or any combination of persons.
(2) Liability of employers and agents. When the provisions herein contained prohibit the commission or omission of an act, not only the person actually doing the prohibited thing or omitting the directed act, but also the employer and all other persons concerned or aiding or abetting the person shall be guilty of the offense described and liable to the penalty set forth.
(3) Title of sections and divisions. The title of any section or division of this official code shall be deemed to in no wise restrict, qualify or limit the effect of the provisions set forth and contained in such section or division.
(4) Effect of constitutionality. Should any portion of this official code be declared by any court of competent jurisdiction to be unconstitutional or void, such adjudication shall in no way affect the remaining portion of this official code.
(B) Definitions.
(1) The singular number includes the plural.
(2) Words used in the present include the future.
(3) Words used in the masculine gender include, as well, the feminine and neuter.
(4) For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DAY. Any 24-hour period from midnight to midnight; and the word “month” shall mean a calendar month, unless otherwise expressed; and the word “quarter” shall mean any three-month period, ending with March 31, June 30, September 30 and December 31; and the word “year” shall mean any one calendar year, unless otherwise expressed.
LAND, REAL ESTATE and REAL PROPERTY. Land, tenements, hereditaments, water rights, possessory rights and claims.
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 “depose.”
OFFICIAL TIME. Standard time in the city.
OWNER. A building or land that includes 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. Bodies politic and corporate, partnerships, associations, and corporations.
PERSONAL PROPERTY. Every description of money, goods, chattels, effects, evidence of rights of 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.
PROPERTY. Real and personal property.
PUBLIC THOROUGHFARE. Streets, alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
SHALL is mandatory; MAY is discretionary.
SIGNATURE. Any name, mark or sign written with the intent to authenticate any instrument of writing.
TENANT or OCCUPANT. A building or land that includes any person who occupies the whole or any part of such building or land, whether alone or with others.
(5) Words prohibiting anything being done, except in accordance with a license or permit or authority from a board of officers, shall be construed as giving such board of officers power to license or permit or authorize such thing to be done.
(6) Whenever the word “Council” is used, it shall be construed to mean the City Council of the city.
(7) The word “officer” shall include officers, boards and committees in charge of departments and the members of such boards and committees, and such reference as the use of the word “city” shall mean this municipality. “Clerk” or “Treasurer” and others shall mean the City Clerk or City Treasurer, as the case may be applicable.
(8) The term “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 an intent to violate law or to injure another or to acquire an advantage.
(9) The terms “neglect,” “negligence,” “negligent” and “negligently” impart 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.
(10) The term “knowingly” imparts a knowledge that the fact exists which brings the act or omission within the provisions of these ordinances. It does not require any knowledge of the unlawfulness of such act or omission.
(Prior Code, § 1.00.050) (Ord. 1, passed 1-17-1980)