§ 10.05 DEFINITIONS.
   (A)   General rule. Words and phrases shall be taken in their plain, 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.
      CHIEF LAW ENFORCEMENT OFFICER. The chief executive officer of any law enforcement agency with which the city contracts for law enforcement services.
      CITY.
         (a)   The City of Luverne, Minnesota.
         (b)   The term CITY, when used in this code, may also be used to refer to the City Council and its authorized representatives.
      CITY ADMINISTRATOR. The person duly appointed by the City Council and acting in such capacity, or his or her duly authorized representative.
      CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as modified by amendment, revision and adoption of new titles, chapters or sections.
      CONVICTION. Either of the following accepted and recorded by the court.
         (a)   A plea of guilty; or
         (b)   A verdict of guilty by a jury, or a finding of guilty by the court.
      COUNTY. Rock County, Minnesota.
      CRIME. Conduct which is prohibited by ordinance and for which the actor may be sentenced to imprisonment or fine.
      EX-OFFICIO MEMBER. A person who is not counted for the purpose of determining a quorum and who has no right to vote, but who shall have the right and obligation (within his or her discretion) to speak to any question coming before the board, commission or other deliberative body of which he or she is a member.
      INTERSECTION. The area embraced within the prolongation or connection of the lateral curb line or, if no curb, then the lateral boundary lines of the roadways or streets which join one another at,
or approximately at, right angles or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict.
      LAW ENFORCEMENT OFFICER. Any licensed peace officer authorized to direct or regulate traffic, or to perform other law enforcement duties employed either directly by the city or employed and acting under the authority of any other governmental body with which the city has contracted for law enforcement services.
      MAY. The act referred to is permissive.
      MISDEMEANOR. The crime for which a sentence of not more than 90 days or a fine of not more than $700, or both, may be imposed.
      MONTH. A calendar month.
      OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath and, in those cases, the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED. All terms shall mean a pledge taken by the person and administered by an individual authorized by state law.
      OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of the city unless the context clearly requires otherwise.
      ORDINANCE. An ordinance duly adopted by the City Council of Luverne, Minnesota.
      PERSON. Extends to and includes an individual, person, persons, firm, corporation, copartnership, trustee, lessee or receiver. 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.
      PETTY MISDEMEANOR. An offense which does not constitute a crime and for which a sentence of a fine of not more than $200 may be imposed.
      PRECEDING or FOLLOWING. Next before or next after, respectively.
      PREMISES. Any lot, piece or parcel of land within a continuous boundary whether publicly or privately owned, occupied or possessed.
      PRIVATE PROPERTY. All property not included within the definition of public property or public place.
      PUBLIC PROPERTY and PUBLIC PLACE. Any place, property or premises dedicated to public use, owned by the city, occupied by the city as a lessee, or occupied by the city as a street by reason of an easement, including, but not limited to, streets, parks or parking lots so owned or occupied.
      RIGHT-OF-WAY or PUBLIC RIGHT-OF-WAY. The entire area dedicated to public use or contained in an easement or other conveyance or grant to the city, and shall include, but not be limited to, roadways, boulevards, sidewalks, streets, alleys and other public property between lateral property lines in which a roadway lies.
      ROADWAY.
         (a)   The portion of a street improved, designed or ordinarily used for vehicular travel.
         (b)   In the event a street includes two or more separate roadways, the term ROADWAY, as used herein, shall refer to any roadway separately, but not to all such roadways collectively.
      SHALL. The act referred to is mandatory.
      SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
      STATE. The State of Minnesota.
      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.
      VIOLATE. Includes failure to comply with.
      WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.
      YEAR. A calendar year, unless otherwise expressed.
(Prior Code, § 1.02) (Ord. 235, Third Series, effective 12-21-2000)