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1-1-1: TITLE:
This compilation and codification of the general ordinances of the city of Sidney is hereby declared to be and shall hereafter constitute the official municipal code of the city of Sidney. Any reference to the number of any section contained herein shall be understood to refer to the position of the same under its appropriate title heading, its chapter heading, and its section heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this code by title in any legal document. (1960 Code)
1-1-2: ACCEPTANCE:
This code of the city of Sidney, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this state as the ordinances of a general and permanent effect of the city. (1960 Code)
1-1-3: AMENDMENTS:
Any ordinance amending this code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this code. All such amendments or revisions by ordinance shall be immediately forwarded to the codifiers and the said ordinance material shall be prepared for insertion in its proper place in each copy of this code. Each such replacement page shall be properly identified and shall be inserted in each copy of this code within thirty (30) days from the date of its final passage. (1960 Code)
1-1-4: CONSTRUCTION OF WORDS:
Whenever any word in any section of this code importing the plural number is used, in describing or referring to any matters, parties, or persons, any single matter, party, or person shall be deemed to be included, although distributive words may not have been used.
When any subject matter, party or person is referred to in this code by words importing the singular number only, or the masculine gender, several matters, parties, or persons and females as well as males and bodies corporate shall be deemed to be included. Provided, that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto. (1960 Code)
1-1-5: DEFINITIONS:
KNOWINGLY: Imports only a knowledge that the facts exist which brings the act or omission within the provisions of these ordinances. It does not require any knowledge of the unlawfulness of such act or omission.
NEGLECT, NEGLIGENCE, NEGLIGENT AND NEGLIGENTLY: Imports a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.
OFFICER: Shall include officers and boards in charge of departments and members of such boards. The word "city", "clerk", "treasurer", or other such titles shall mean city, city clerk, city treasurer, or other city officer as the use may be applicable.
OWNER: 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 such building or land.
PERSON: Shall be deemed to include any "person, firm, association or corporation" or any organization of any kind.
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.
STREETS: Includes alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
TENANT OR OCCUPANT: 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.
WILFULLY: When applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage.
WRITTEN AND IN WRITING: May include printing.
Words prohibiting anything being done, except in accordance with a license or permit or authority from a board or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done. (1960 Code)
1-1-6: INTERPRETATIONS:
In the determination of the provisions of each section of this code the following rules shall be observed:
   A.   Intent To Defraud: Whenever an intent to defraud is required in order to constitute an offense, it shall be sufficient if an intent appears to defraud any person.
   B.   Liability Of Employers And Agents: When the provisions of any section of this code prohibit the commission of any act, not only the person actually doing the prohibited act or omitting the directed act, but also the employer and all other persons concerned with or in aiding or abetting the said person shall be guilty of the offense described and liable to the penalty set forth. (1960 Code)
1-1-7: PENALTIES:
In all cases where the same offense is made punishable or is created by different clauses or sections of this official code the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of the general penalty clause shall apply and a separate offense shall be deemed committed upon each day during or on which a breach or violation occurs or continues. (1960 Code)
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