(A) (1) Rules of construction. When interpreting this code, the following rules of construction shall be applied, except where the application of any rule of construction would result in an interpretation clearly contrary to the plain intent of a provision or of any section or chapter in which a given provision appears. The rules are as follows.
(a) Common usage. All words and phrases used in this code shall be interpreted and understood in accordance with common and acceptable usage, but any technical words and phrases, or such others which have acquired a specific or peculiar meaning, shall be interpreted and understood in accordance with the technical, specific or peculiar meaning.
(b) Gender; singular and plural. Every word in this code expressing the masculine gender shall extend to and be applied to females as well as males, and every word expressing the plural number shall extend to and be applied to one person or thing as well as several persons or things.
(c) Tenses. The use of any verb in the present tense shall include the future when applicable, and the use of any verb in the future tense shall include the present when applicable.
(2) Application of state statutes.
(a) Statutory rules of construction. In addition to the rules of construction contained in division (A)(1) above, the rules and canons of construction, presumptions and miscellaneous provisions pertaining to construction contained in M.S. Ch. 645, as it may be amended from time to time, governing statutory construction are hereby adopted by reference and made a part hereof as if fully set forth herein. All references contained in these statutory provisions to laws and statutes shall be construed to apply and refer to the provisions of this code and all references to the legislature shall be construed to apply to the Municipal Council or appropriate governing body.
(b) Final authority. If, upon application of the rules and interpretive guides contained in this section, further question remains, all words in this code shall have the same meanings as ascribed to them in the state statutes.
(c) Changes for clarification. The word “ordinance” contained in the ordinances of the city has been changed in the content of this municipal code to “title”, “chapter”, “section” and/or “division” or words of like import for organizational and clarification purposes only. The change to the city’s ordinances is not meant to amend passage and effective dates of the original ordinances.
(Prior Code, § 103.01)
(B) For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. A person acting on behalf of another with authority conferred, either expressly or by implication.
CITY. The City of Mounds View, Minnesota. 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 City Administrator.
CODE, THIS CODE or THIS CODE OF ORDINANCES. This city code as modified by amendment, revision and adoption of new titles, chapters or sections.
COUNCIL. The Mounds View Municipal Council.
COUNTY. Ramsey County, Minnesota.
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 Mounds View”.
FEE. A sum of money charged by the city for the carrying on of a business, profession or occupation.
FINANCE DIRECTOR/TREASURER. The Municipal Treasurer.
HERETOFORE and HEREAFTER. Whenever the word HERETOFORE occurs in any section of the code, it shall be construed to mean any time previous to the day when the code became effective, or if contained in a provision adopted after that date, it shall be construed to mean the date when the provision took effect and, whenever the word HEREAFTER occurs, it shall be construed to mean the time after the provision containing the word takes effect.
LICENSE. The permission granted for the carrying on of a business, profession or occupation.
MAY. The act referred to is permissive.
MINNESOTA STATUTES. All of the statutory law of the state embodied in the latest official publication of the state statutes including all session laws and amendments or additions thereto.
MONTH. A calendar month.
MUNICIPALITY. The City of Mounds View.
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.
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.
OCCUPANT. As applied to a building or land, shall include any person who occupies the whole or any part of the 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, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of the city unless the context clearly requires otherwise.
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 the building or land.
PERSON.
(a) Extends to and includes an individual, person, persons, firm, corporation, copartnership, trustee, lessee or receiver.
(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.
PERSONAL PROPERTY. 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.
PRECEDING or FOLLOWING. Next before or next after, respectively.
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. 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.
TENANT. As applied to a building or land, shall include any person who occupies the whole or any part of the building or land, whether alone or with others.
WHOLESALER or WHOLESALE DEALER. 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.
WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.
YEAR. A calendar year, unless otherwise expressed.
(Prior Code, § 103.02) (Ord. 844, passed 05-20-2010)