(A) Rules of interpretation. This code shall be construed by the following rules unless the construction is plainly repugnant to the legislative intent or context of the provision.
(1) Words and phrases shall be taken in their plain, ordinary and usual sense. Technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(2) Words imputing joint authority to three or more persons shall be construed as imputing authority to a majority of the persons, unless otherwise declared in the section giving the authority.
(3) Where a section requires an act to be done which, by law, an agent or deputy may perform in addition to the principal, the performance of the act by an authorized deputy or agent is valid.
(4) Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(B) Definitions. For the purpose of this code of ordinances, 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.
BUSINESS. Includes any trade, profession, calling, activity, operation or enterprise for which a license is required by any ordinance of this municipality.
CLERK. The Clerk of the Town Council.
COUNCIL. The Town Council of Oak City, Utah.
COUNTY. Millard County.
EMPLOYEES. Whenever reference is made in this code to a town employee by title only, this shall be construed as though followed by the words “of Oak City”.
FEE. A sum of money charged by the town for the carrying on of a business, profession or occupation.
HIGHWAY. Includes bridges, roads and streets, unless otherwise expressly provided.
LICENSE. Includes any certificate or license issued by the municipality.
LOCATION. Whenever any act, conduct or offense is prohibited or required and no reference is made to location, unless the context specifically indicates otherwise, the act, conduct or offense prohibited or required shall be within the boundaries of the municipality.
MONTH. One calendar month.
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 town, 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.
OFFENSE. Any act, action or conduct prohibited by this code or the failure to perform any acts required in this code.
OFFICER or OFFICIALS. Any elected or appointed person employed by the town unless the context clearly indicates otherwise.
OPERATOR. The person who is in charge of any operation, business or profession.
OWNER. Applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lease of a whole or part of such building or land.
PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee, receiver and bodies politic. 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 and FOLLOWING. When referring to sections or divisions in this code, refer to the sections or divisions next following or next preceding that in which the words occur, unless some other section is designated.
PROPERTY. Includes both real and personal property.
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.
STATE. The State of Utah.
STREET. Includes alleys, lanes, courts, boulevards, public ways, public squares, public places, sidewalks, gutters and culverts, crosswalks and intersections.
TENANT or OCCUPANT. Applied to a building or land shall apply to any person who occupies all or any part of such building or land either alone or with others.
TOWN. The Town of Oak City, Utah.
TOWN MARSHAL or MARSHAL. All have the same meaning and may be used interchangeably.
WEEK. Any seven-day period.
WHOLESALER. 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 and IN WRITING. Include printing, lithographing or other modes of representing words and letters. Where the written signature of a person is required, the terms mean the proper handwriting of the person, or the person’s mark.
YEAR. One calendar year, unless otherwise expressly provided.
(Prior Code, § 1-3-2)