The following words and phrases whenever used in the ordinances of the city of Shelby, Montana, shall be construed as defined in this section, unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
CITY/TOWN: The city of Shelby, Montana, or the area within the territorial limits of the city of Shelby, Montana, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
CODE: The city code of the city of Shelby.
COMPUTATION OF TIME: The time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded.
COUNCIL: The city council of the city of Shelby, Montana. "All its members" or "all councilmen" mean the total number of councilmen provided by the general laws of the state of Montana.
COUNTY: The county of Toole, state of Montana.
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 Shelby".
LAW: Denotes the applicable federal law, the constitution and statutes of the state of Montana, the ordinances of the city of Shelby, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MCA: Abbreviation for Montana Code Annotated.
MAY: Permissive.
MONTH: A calendar month.
MUST/SHALL: Mandatory.
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: Construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the word "swear" and "sworn" shall be equivalent to the word "affirm" and "affirmed".
OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such 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.
OFFICERS: Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words "of the city of Shelby".
OPERATOR: The person who is in charge of any operation, business or profession.
ORDINANCE: A law of the city of Shelby; provided, that a temporary or special law, administrative action, order or directive, may be in the form of a resolution.
OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, or lessee of the whole or of a part of such building or land.
PERSON: Any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, fraternal organization, company, corporation, business, trust, or their manager, lessee, agent, servant, officer, or employee or any of them.
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.
PRECEDING AND FOLLOWING: Next before and next after, respectively.
PROPERTY: Includes both real and personal property.
PUBLIC THOROUGHFARE: Includes streets, alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
REAL PROPERTY: Includes lands, tenements, and hereditaments.
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: Mandatory.
SIDEWALK: That portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE: The state of Montana.
STREET: Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
TENANT/OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
TITLE OF OFFICE: Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city of Shelby.
WHOLESALER: The terms "wholesaler" and "wholesale dealer" as used in this code, 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, IN WRITING: Includes printed, typewritten, mimeographed or multigraphed and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond, it shall be in the proper handwriting of such person, or in case such person is unable to write, by such person's proper mark.
YEAR: A calendar year. (1975 Code § 1.04.010; amd. 2008 Code)