(A) Liberal construction. All general provisions, terms, phrases, and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the Mayor and Town Council may be fully carried out.
(B) Minimum requirements. In the interpretation and application of any provision of this code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare.
(C) Computation of time. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a legal holiday, in which case that day shall also be excluded.
(D) Delegation of authority. Whenever a provision appears requiring the head of a department or some other town officer to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, delegate, and authorize subordinates to perform the required act or perform the duty, unless the terms of the provision or section specify otherwise.
(E) Gender. A word importing one gender only shall extend and be applied to other genders and to firms, partnerships, and corporations as well.
(F) Joint authority. All words giving “joint authority” to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
(G) May, must, and shall. The word “may” is permissive, and the words “must” and “shall” are mandatory.
(H) Or; and. “Or” may be read “and,” and “and” may be read “or,” if the sense requires it.
(I) Nontechnical and technical words. Words and phrases which are not specifically defined shall be construed according to the common and accepted usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(J) Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. Words used in the plural number may also include the singular unless a contrary intention plainly appears.
(K) Title of office. Use of the title of any officer, employee, department, board, or commission means that officer, employee, department, board, or commission of the town.
(L) Preceding, following. Next before and next after, respectively.
(M) Tense. Words used in the past or present tense include the future, as well as the past and present.
(N) Acts by agents. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent.
(O) Prohibited acts include causing and permitting. Whenever in the ordinances of the town, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(P) Ordinance provisions; construction.
(1) The provisions of the ordinances of the town, and all proceedings under them are to be construed with a view to effect their objects and to promote justice.
(2) The word “ordinance” contained in the ordinances of the town has been changed in the content of this code to “title,” “chapter,” “section,” and/or “division” or words of like import for organizational and clarification purposes only. Such change to town ordinances is not meant to amend passage and effective dates of such original ordinances.
(Prior Code, § 1-3-1) (Ord. 2024-01, passed 4-4-2024)
For the purpose of this code, 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.
CODE. The Town Code of Sinclair, Wyoming.
COUNCIL. The Town Council of Sinclair, Wyoming. ALL ITS MEMBERS or ALL COUNCIL MEMBERS means the total number of Council members holding office.
COUNTY. The County of Carbon, Wyoming.
FISCAL YEAR. The fiscal year shall run from July 1 of each and every year through June 30 of the succeeding year.
LAW. Denotes applicable federal law, the constitution and statutes of the state, the ordinances of the town, 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.
MAYOR. The Mayor of the Town of Sinclair, Wyoming.
MONTH. A calendar month.
OATH. Includes an affirmation of declaration 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.
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.
OPERATOR. The person who is in charge of any operation, business, or profession.
OWNER. As applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or a part of such building or land.
PERSON. Includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer, or employee of 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.
PROPERTY. Includes real and personal property.
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.
SIDEWALK. The portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE. The State of Wyoming.
STATUTORY REFERENCES. References to statutes of the state as they now are or as they may be amended to be.
STREET. Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this town which have been or may hereafter be designated and open to public use, or such other public property so designated in any law of this state.
TENANT and OCCUPANT. As applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.
TOWN. The Town of Sinclair, Wyoming, or the area within the territorial limits of the town of Sinclair, Wyoming, and such territory outside Sinclair, over which the Town of Sinclair has jurisdiction or control by virtue of any constitutional or statutory provision.
VICE MAYOR. A Council member appointed by the Mayor with the consent of the governing body who is authorized to perform all of the legal duties of the office of the Mayor when the Mayor is unavailable or unable to perform said duties for any reason.
WEEK. Seven days.
WRITTEN, IN WRITING. May include printing 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.
(Prior Code, § 1-3-2) (Ord. 395, passed 5-20-2021; Ord. 2024-01, passed 4-4-2024)