Whenever the following words or terms are used in this Code, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
CITY: Sunset City, County of Davis, State of Utah.
CODE: The Municipal Code of Sunset City.
CODE ENFORCEMENT PERSONNEL: Any City employee vested with the duty and responsibility of enforcement of the City codes, ordinances, and policies.
Examples:
Administration: Business licenses, building permits
Building Inspector: On site inspection/construction practices
Fire: Fire codes
Police: Traffic and other duties requiring the issuance of citations and/or tickets, with the power to arrest
COUNCIL: Unless otherwise indicated, the City Council of Sunset City.
COUNTY: The County of Davis, State of Utah.
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 Sunset City".
FEE: A sum of money charged by the City for the carrying on of a business, profession or occupation.
GENDER: A word importing either the masculine or feminine gender only shall extend and be applied to the other gender and to persons.
HIGHWAY: All roads, alleys, lanes, streets, courts, lanes, trails and bridges laid out or erected as such by the public or dedicated or abandoned to the public or made such in actions for the partition of real property.
KNOWINGLY: Imports only a knowledge that the acts exist, which bring the act or admission within the provisions of this Code. It does not require any knowledge of such an act or admission.
LICENSE: The permission granted for the carrying on of a business, profession or occupation. The term license includes any certificate, permit or license issued by the City.
MALICE OR MALICIOUSLY: Imports a wish to vex, annoy or injure another person or an intent to do a wrongful act established either by proof or by presumption of law.
NEGLIGENT, NEGLIGENCE AND NEGLIGENTLY: Imports a want of such attention to the nature or probable consequence of an act or omission as a prudent person ordinarily bestowed in acting in his own concern.
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: An affirmation in all cases in which by law, an affirmation must be substituted for an oath and in such cases, the words swear and sworn shall be equivalent to the words affirmed and affirm.
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 Sunset City".
OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: As 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: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.
PERSONAL PROPERTY: Shall include 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.
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: The word shall is mandatory and not merely directory.
STATE: The State of Utah.
STREET: Shall include alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
TENANT: 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.
TENSE: The present tense shall include the future tense and the future tense shall include the past tense.
TIME: The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last is a holiday or a Sunday, and then it is also excluded. Whenever any act of a secular nature other than a work of necessity or mercy is appointed by law or contract to be performed upon a particular day which day falls upon a holiday, such act may be performed upon the next succeeding business day, with the same effect as if it had been performed upon the day appointed. In all cases where any 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 they deem necessary for the prompt performance of such duty or compliance with such notice.
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.
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, 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. (1989 Code § 1-3-1, 7-1-1989; 1997 Code)