(A) (1) Words and phrases shall be taken in their plain, ordinary and usual sense.
(2) However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(B) For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPOINTED OFFICIAL. Any person appointed to a board, committee, commission or advisory body, in accordance with this code of ordinances. APPOINTED OFFICIALS are not subject to the provisions of the city personnel ordinance and shall serve at the pleasure of the Mayor.
CITY. The City of Elephant Butte, New Mexico.
CLASSIFIED EMPLOYEE. A person employed by the city who is entitled to grievance in accordance with the personnel policies and work rules and who is not exempt under the Fair Labor Standards Act, being 29 U.S.C. §§ 201 et seq.
CODE orCODE OF ORDINANCES. The city’s code of ordinances, as modified by amendment, revision and adoption of new chapters, subchapters or sections.
COUNCIL or CITY COUNCIL. The governing body of the City of Elephant Butte, New Mexico.
COUNTY. Sierra County, New Mexico.
ELECTED OFFICIAL. Those city officials elected under the laws of the state, specifically, the Municipal Judge and members of the governing body.
EX OFFICIO. A person assigned to a standing board or committee by virtue of that person’s office. The person shall not be permitted to make or second motions or to vote on any matter, or to be counted for the purpose of a quorum.
GOVERNING BODY. The members of the City Council. The corporate authority of the municipality is vested in this body.
INTERPRETATION. For the purpose of this code and ensuing chapters and appendices and when not inconsistent with the context:
(a) Words used in the present tense include the future;
(b) Words in the future tense include the present;
(c) Words in the plural include the singular;
(d) Words in the singular include the plural;
(e) The word “shall” is always mandatory and not merely directory; the word “may” is permissive; and
(f) The impersonal pronouns “he,” “him” and “himself” shall denote either the feminine or the masculine gender.
MONTH. A calendar month.
MUNICIPAL OFFICER. Any appointed employee. A MUNICIPAL OFFICER is limited to a DEPARTMENT DIRECTOR.
OATH. 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.
OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of the city unless the context clearly requires otherwise.
PERSON.
(a) Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver; and
(b) Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER, as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
PRECEDING or FOLLOWING. Next before or next after, respectively.
SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
STATE. The State of New Mexico.
WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.
YEAR. A calendar year unless otherwise expressed.