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.
CITY: The City of Forsyth, County of Rosebud, State of Montana.
CITY COUNCIL: Unless otherwise indicated, the City Council of the City of Forsyth, Montana.
CODE: The City Code of the City of Forsyth, Montana.
COMPUTATION OF TIME: Means the time within which an act is to be done. It shall be computed by excluding the first and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded.
COUNTY: The County of Rosebud, State of Montana.
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 Forsyth".
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.
INTENT TO DEFRAUD: Whenever an intent to defraud is required in order to constitute an offense under this Code, it shall be sufficient if an intent appears to defraud any person.
KNOWINGLY 1 : Imports only 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.
LIABILITY OF EMPLOYERS AND AGENTS: When the provisions of any section of this Code prohibit the commission of an act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or aiding or abetting the same person shall be guilty of the offense described and liable to the penalty set forth.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MONTH: The word "month" means a calendar month unless specifically defined otherwise.
MUNICIPAL INFRACTION: Any violation of this Code which has been specifically declared to be a Municipal infraction under provisions of this Code as provided for in Montana Code Annotated section 7-1-4150, et seq.
NEGLIGENT 2 : The terms "negligent", "negligence", "neglect" and "negligently" import 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 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: 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.
OFFICER: Any employee or official authorized by the City Council to enforce provisions of this Code, as amended. Whenever reference is made in this Code to a City officer or agent by title only, this shall be construed as though followed by the words "of the City of Forsyth".
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.
PENALTY: Includes both criminal and civil penalties provided for in this Code.
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.
REPEAT VIOLATION: A recurring violation of the same section of this Code within a twelve (12) month period.
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; "may" is permissive.
STATE: The State of Montana.
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.
UNLAWFUL: Shall mean a violation of this Code, unless otherwise provided for in Montana law or the context requires otherwise. Violations of this Code may be punished as criminal or civil penalties as provided for in this Code.
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 3 : 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, 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: "Year" means a calendar year unless specifically defined otherwise. (1961 Code § 1-1-5; amd. 1999 Code; Ord. 2018-05, 11-19-2018, eff. 1-1-2019)
Notes
| 1 | 1. Not applicable to State Criminal Code. |
| 2 | 2. Not applicable to State Criminal Code. |
| 3 | 1. Not applicable to State Criminal Code. |