In the construction of this code and of all ordinances of this city, the following rules of construction and definitions shall be observed, unless such construction or definition would be inconsistent with the manifest intent of the board of commissioners, would be repugnant to the context of the provisions or the context clearly requires otherwise.
All words and phrases shall be construed and understood according to the common and approved usage of language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (1980 Code § 1-2)
The rules of construction and definitions set forth in this section shall not be applied to any section of this code or city ordinance which shall contain any express provision excluding such construction or definition, or when the subject matter or context of such provisions or ordinances may be repugnant thereto. (1980 Code § 1-3)
BOARD OF COMMISSIONERS: The governing body of the city.
CITY: The city of Ponca City in the county of Kay in the state of Oklahoma.
CODE: This city code of Ponca City as designated and cited in section 1-1-1 of this title.
COMPENSATION: For the purpose of section 76 of the city charter, "compensation" shall mean monetary remuneration, but shall not include reasonable reimbursement of expenses and costs related to such public service.
COUNTY: The county of Kay in the state of Oklahoma.
DELEGATION OF AUTHORITY: Whenever a provision appears in this code requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section expressly designate otherwise.
EASEMENT: A right, liberty, privilege or advantage without profit which the owner of one parcel of land may have in the land of another. A right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property right in the owner.
GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.
IN THE CITY: The words "in the city" or "in this city" mean and include any territory within the corporate limits of this city and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by general or special act, except as otherwise specified.
JOINT AUTHORITY: Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise specifically declared.
LAW: Any statute, ordinance or regulation promulgated by the United States, the state, the county, the city or any agency thereof, as well as the rules and regulations of other bodies politic that may be appropriate.
MONTH: A calendar month.
NUMBER: Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.
OATH: The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".
OFFICER: Any person designated as such by section 46 of the city charter, but such person shall not be considered an officer for purposes of state law. For purposes of state law, an "officer" is any person who is elected to an office in the municipal government or is appointed to fill an unexpired term of an elected officer, and the city clerk and the city treasurer, or as may be amended hereafter by state law.
OFFICIAL TIME STANDARD: Whenever certain hours are named in this code they shall mean standard time or daylight saving time as may be in current use in the city.
OFFICIALS, EMPLOYEES, BOARDS, COMMISSIONS, AGENCIES: Whenever reference is made to officials, employees, boards, commissions or other agencies of the city by title only, i.e., "mayor", "clerk", "manager", "chief of police", etc., they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this city.
OR, AND: "Or" may be read "and" and "and" may be read "or" if the context of the provision requires it.
OWNER: When applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
PERSON: Shall include and be applied to a firm, partnership, association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, as well as to an individual.
PERSONAL PROPERTY: Includes money, goods, chattels, evidences of debt, things in action, and any other species of property, except real property.
PRECEDING, FOLLOWING: The "next before" and the "next after", respectively.
PROPERTY: Includes real, personal and mixed property.
PUBLIC PLACE: Any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.
PUBLIC WAY: Any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
REAL PROPERTY: Includes lands, tenements and hereditaments.
REASONABLE TIME: In all cases where any section of this code or city ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.
RESIDENCE: The place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed to be his residence.
ROADWAY: That portion of a street improved, designed or ordinarily used for vehicular traffic.
SHALL, MAY: The word "shall" is mandatory, and the word "may" is discretionary.
SIDEWALK: Any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line intended for the use of pedestrians.
SIGNATURE, SUBSCRIPTION: Includes a mark when the person cannot write, when his name is written near such mark and is witnessed by a person who writes his own name as witness.
STATE; THIS STATE: The state of Oklahoma.
STREET: Includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges, public ways and approaches thereto and other public thoroughfares in the city devoted to public use.
TENANT, OCCUPANT: As applied to a building or land, shall mean any person who occupies the whole or a part of such building or land, whether alone or with others.
TENSE: Words used in the past or present tense shall include the future as well as the past or present.
WRITING, WRITTEN: Includes typewriting, printing on paper and any other mode of representing words and letters.
YEAR: A calendar year. (1980 Code § 1-2; amd. 2003 Code)