This compilation and codification of the general ordinances of the city of McCall is hereby declared to be and shall hereafter constitute the official McCall city code, and shall hereafter be known, designated and cited as the MCCALL CITY CODE. Any reference made to the number of any section contained herein shall be understood to refer to the position of the same under its appropriate title heading, its chapter heading, and its section heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this code by title in any legal document. (Ord. 895, 2-9-2012)
Any ordinance amending this code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this code. All such amendments or revisions by ordinance shall be immediately forwarded to the city's official codifier, and the said ordinance materials shall be prepared for insertion in its proper place in each copy of this code. Each such replacement page shall be properly identified and shall be inserted in each copy of this code within thirty (30) days from the date of its final passage. (Ord. 895, 2-9-2012)
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. (Ord. 895, 2-9-2012)
DEPARTMENT HEAD: The person appointed by the city manager, and confirmed by the council, to direct and oversee a city department listed in section 1.9.8 of this title.
KNOWINGLY: Imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such an act or omission.
NEGLECT, NEGLIGENCE, NEGLIGENT 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 or her own concern.
OFFICERS: The city attorney, the city clerk, the city police chief and the city treasurer.
OWNER: Applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant in common, and joint tenant or lessee of the whole or part of such building or land whether alone or with others.
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.
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 AND IN WRITING: May include printing. (Ord. 895, 2-9-2012)
In the determination of the provisions of each section of this code the following rules shall be observed:
(A) Intent To Defraud: Whenever intent to defraud is required in order to constitute an offense, it shall be sufficient if intent appears to defraud any persons.
(B) Liability Of Employers And Agents: When the provisions of any section of this official code prohibits 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 deemed guilty of the offense described and liable to the penalty set forth. (Ord. 895, 2-9-2012)
If any title, chapter, section, subsection, sentence, clause or phrase or portion of this code (called "provision" in the rest of this section) is for any reason held invalid or unconstitutional by any judicially final decision of a court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining provisions of this code. The remaining provisions of this code shall thereafter be interpreted without the offending provision, and the city manager and city attorney shall prepare conforming amendments and appropriate internal adjustments with all deliberate speed, for consideration by council and any relevant advisory bodies. (Ord. 895, 2-9-2012)