§ 10.05 DEFINITIONS.
   (A)   Words and phrases shall be taken in their plain, or 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)   For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AND; OR.  AND may be read OR, and OR may be read AND, if the sense requires it.
(1981 Code, § 1-2)
      BOND. When a BOND is required, an undertaking in writing shall be sufficient.
(1981 Code, § 1-2)
      CITY. The word CITY shall mean the City of Raton, in the County of Colfax, in the State of New Mexico.
(1981 Code, § 1-2)
      CODE or CODE OF ORDINANCES. The city’s CODE OF ORDINANCES, as modified by amendment, revision, and adoption of new chapters, subchapters, or sections.
      COMMISSION; COUNCIL. The words “City Commission,” “City Council,” “the Commission,” “the Council,” “Commissioners,” “Council Members,” and “governing body” shall be synonymous and shall mean the governing body of the City of Raton, New Mexico.
(1981 Code, § 1-2)
      COMPUTATION OF TIME. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which the notice is given or the act is done shall be counted in computing the time, but the day on which the proceeding is to be had shall not be counted.
(1981 Code, § 1-2)
      COUNTY. Colfax County, New Mexico.
      DELEGATION OF AUTHORITY. Whenever a provision appears in this code requiring or authorizing the head of a department or other officer of the city to do some act or perform some duty, it shall be construed to authorize the department head or other officer to designate, delegate, and authorize subordinates to do the required act or perform the required duty unless the terms of the provision specifically designate otherwise.
(1981 Code, § 1-2)
      GENDER. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships, and corporations, as well as to males.
(1981 Code, § 1-2)
      IN THE CITY; WITHIN THE CITY. The words IN THE CITY or WITHIN THE CITY shall mean and include any territory within the corporate limits of the City of Raton, New Mexico, 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.
(1981 Code, § 1-2)
      JOINT AUTHORITY. Words purporting to give authority to 3 or more officers or other persons shall be construed as giving the authority to a majority of the officers or other persons, unless it is otherwise expressly stated.
(1981 Code, § 1-2)
      MISDEMEANOR; PETTY MISDEMEANOR. The term MISDEMEANOR or PETTY MISDEMEANOR shall be construed to mean “violation of a city ordinance,” and any violation of a provision of this code is a violation of a city ordinance.
(1981 Code, § 1-2)
      MONTH. A calendar month.
      NUMBER. Words used in the singular shall include the plural and words used in the plural shall include the singular.
(1981 Code, § 1-2)
      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.
      OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or department of the city unless the context clearly requires otherwise.
      OFFICIAL TIME STANDARD. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the city.
(1981 Code, § 1-2)
      OWNER. The word OWNER shall, when applied to a building or land, include 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 the building or land.
(1981 Code, § 1-2)
      PERSON. Extends to and includes 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.
      PERSONAL PROPERTY. The words PERSONAL PROPERTY shall include money, goods, chattels, evidences of debt, things in action, and any other species of property, except real property.
(1981 Code, § 1-2)
      PLANNING COMMISSION. The term PLANNING COMMISSION shall mean the Planning and Zoning Commission of the city.
(1981 Code, § 1-2)
      PRECEDING or FOLLOWING. Next before or next after, respectively.
      PROPERTY. The word PROPERTY shall include real, personal, and mixed property.
(1981 Code, § 1-2)
      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.
(1981 Code, § 1-2)
      PUBLIC WAY. Any street, alley, boulevard, parkway, highway, sidewalk, or other public thoroughfare.
(1981 Code, § 1-2)
      REAL PROPERTY. The words REAL PROPERTY shall include lands, tenements, and hereditaments.
(1981 Code, § 1-2)
      REASONABLE TIME. In all cases where any section of this code or a city ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, the reasonable time or notice shall be deemed to mean the time only as may be necessary for the prompt performance of the duty, or compliance with the notice.
(1981 Code, § 1-2)
      RESIDENCE. The place adopted by a person as his or her place of habitation, and to which, whenever he or she is absent, he or she has the intention of returning. When a person eats at 1 place and sleeps at another, the place where the person sleeps shall be deemed his or her residence.
(1981 Code, § 1-2)
      RESOLUTION. An internal legislative act which is a formal statement of policy concerning matters of special or temporary character.
(Ord. 967, passed 12-8-2009)
      ROADWAY. The portion of a street improved, designed, or ordinarily used for vehicular traffic.
(1981 Code, § 1-2)
      SHALL; MAY. The word SHALL is mandatory, and the word MAY is discretionary.
(1981 Code, § 1-2)
      SIDEWALK. Any portion of a street between the curb lines, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.
(1981 Code, § 1-2)
      SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
      STATE. The State of New Mexico.
      STREET. 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, and includes any thoroughfare that can accommodate pedestrian or vehicular traffic, is open to the public, and is under the control of the city.
(1981 Code, § 1-2)
      SWEAR; SWORN. The words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED in all cases in which, by law, an affirmation may be substituted for an oath.
(1981 Code, § 1-2)
      TENANT; OCCUPANT. The words TENANT and OCCUPANT, applied to a building or land, shall mean any person who occupies the whole or a part of the building or land, whether alone or with others.
(1981 Code, § 1-2)
      TENSE. Words used in the past or present tense shall include the future as well as the past or present.
(1981 Code, § 1-2)
      WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.
      YEAR. A calendar year, unless otherwise expressed.