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Whenever any word in any section of this code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this code by words importing the singular number only, or the masculine gender, several matters, parties or persons, and females as well as males and bodies corporate, shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto. (1962 Code)
KNOWINGLY: 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.
NEGLECT, NEGLIGENCE, NEGLIGENT AND NEGLIGENTLY: A want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.
OFFICER: Includes officers and boards in charge of departments and members of such boards. The word "city", "clerk", "treasurer", "council", or such other titles, shall mean this city, city clerk, city treasurer, city council or other such city officers as the use may be applicable.
OWNER: When applied to a building or land, 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: Includes any person, firm, association or corporation or any organization of any kind.
PERSONAL PROPERTY: Includes 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.
STREETS: Includes alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
TENANT OR OCCUPANT: When applied to a building or land, includes any person who occupies the whole or any part of such building or land whether alone or with others.
THOROUGHFARE: Includes streets, alleys, public ways, public squares, or any area used by the public for travel or parking either in a vehicle or on foot, whether publicly or privately owned.
WILFULLY: 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 OR IN WRITING: May include printing.
Words prohibiting anything being done, except in accordance with a license or permit or authority from a board or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done. (1962 Code)
In the determination of the provisions of each section of this code, the following rules shall be observed:
(A) Intent To Defraud: Whenever an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud any person.
(B) 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 in aiding or abetting the said person shall be guilty of the offense described and liable to the penalty set forth. (1962 Code)
In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provisions of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of the general penalty clause 1 shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues. (1962 Code)
Notes
| 1 | 1. See section 1-3-1 of this title for general penalty provisions. |
No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. (1962 Code)
The City Council shall ensure an orderly transition by performing any act necessary to facilitate the enactment of the Charter of the City of Havre, as adopted on November 3, 2020, including but not limited to the following:
(A) Reviewing ordinances for repeal or amendment;
(B) Preparing and adopting new ordinances implementing the Charter;
(C) Reorganizing or transferring government powers, officers or employees, and property as necessary; and
(D) Any other action within the power of the City Council to ensure an orderly transition to the Charter form of local government. (Ord. 914, 5-17-2021)
All elements existing under the City of Havre's Commission-Executive form of government shall remain in effect after the Charter takes effect on July 1, 2021, including but not limited to:
(A) Ordinances and resolutions until repealed or amended in the manner provided by law;
(B) Any bonds, debts, contracts, obligations, or causes of action accrued or established; and
(C) All elected officers, employees, members of city boards, commissions, authorities or committees appointed by the Mayor or City Council shall occupy the same office or appointment for the same terms of office or appointment, provided that:
(1) Successors may be elected or appointed, as necessary, to fill offices or appointments at the end of the term for which the holdover officer or appointee was elected or appointed; and
(2) Elected and appointed officers who are required by law to take the oath of office will take the oath of office as officers or appointees in the Charter form of government prior to the official or appointee taking action. (Ord. 915, 5-17-2021)