Sec. 1-2. Definitions and rules of construction.

The following definitions and rules of construction shall be applied in constructing the provisions of this Code.

   Sec. 1-2(1). And, or. "And" may be read "or," and "or" may be read "and" if the sense requires it.

   Sec. 1-2(2). Bond. When a bond is required, an undertaking in writing shall be sufficient.

   Sec. 1-2(3). City means the City of Tucson, in the County of Pima and State of Arizona, except as otherwise provided.

   Sec. 1-2(4). Code means the Tucson Code.

   Sec. 1-2(5). Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be Sunday or a legal holiday, that shall be excluded.

   Sec. 1-2(6). County means Pima County, Arizona.

   Sec. 1-2(7). Gender. Words importing the masculine gender include the feminine and neuter.

   Sec. 1-2(8). Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

   Sec. 1-2(9). Keeper and proprietor includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.

   Sec. 1-2(10). Mayor and council means the mayor and members of the city council of the city.

   Sec. 1-2(11). Month means a calendar month.

   Sec. 1-2(12). Number. Words used in the singular include the plural and the plural includes the singular number.

   Sec. 1-2(13). Oath. The word "oath" includes an affirmation or 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."

   Sec. 1-2(14). Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.

   Sec. 1-2(15). Owner, 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.

   Sec. 1-2(16). Person includes a corporation, company, partnership, association or society as well as a natural person.

   Sec. 1-2(17). Personal property includes money, goods, chattels, things in action and evidences of debt.

   Sec. 1-2(18). Preceding, following mean next before and next after, respectively.

   Sec. 1-2(19). Property includes real and personal property.

   Sec. 1-2(20). Public place includes any park, cemetery, schoolyard or open space adjacent thereto and any lake or stream.

   Sec. 1-2(21). Real property includes lands, tenements and hereditaments.

   Sec. 1-2(22). Sidewalk means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

   Sec. 1-2(23). Signature or subscription includes a mark when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as witness.

   Sec. 1-2(24). State means the State of Arizona.

   Sec. 1-2(25). Street means and includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the city.

   Sec. 1-2(26). Tenant, occupant, 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.

   Sec. 1-2(27). Tense. Words used in the past or present tense include the future as well as the past and present.

   Sec. 1-2(28). Writing includes printing.

   Sec. 1-2(29). Year means a calendar year.

(1953 Code, ch. 1, § 2)

   State Law References: Definitions and construction of statutes generally, A.R.S. § 1-211 et seq.

Sec. 1-3. Catchlines of sections.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of such sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(1953 Code, ch. 1, § 3)

Sec. 1-4. Effect of repealing ordinances.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

(1953 Code, ch. 1, § 4)

Sec. 1-5. Severability of parts of Code.

It is hereby declared to be the intention of the mayor and council that the sections, paragraphs, sentences, clauses and words of this Code are severable; and if any word, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the mayor and council without the incorporation in this Code of any such unconstitutional word, clause, sentence, paragraph or section.

(1953 Code, ch. 1, § 6)

Sec. 1-6. Provisions declared continuation of existing ordinances.

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

(1953 Code, ch. 1, § 7)

Sec. 1-7. Jurisdiction over areas owned or leased by city.

All ordinances of the city shall apply within land lying outside of the city limits that is owned or leased by the city, and any violation of an ordinance of the city occurring within the territorial limits of such land may be punished by the city to the same extent and with like effect as if the violation occurred within the corporate limits; however, this section shall not apply unless the mayor and council of the city authorize or ratify by motion the erection, at any point at which a public road enters such land, of a sign, not less than eighteen (18) inches by three (3) feet in size, containing a warning notice in bold letters that the area being entered is subject to the jurisdiction of the city.

(1953 Code, ch. 1, § 8)

   Cross References: Jurisdiction of city court over areas owned or leased outside city, § 8-1.

Sec. 1-8. General penalty; misdemeanors; civil infractions; continuing violations.

   Sec. 1-8(1). Except for those acts declared to be civil infractions, whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punishable by a fine not exceeding twenty-five hundred dollars ($2,500.00) or by imprisonment for not more than six (6) months, or by a maximum of thirty-six (36) months probation or by such fine, imprisonment, and probation or combination thereof, in the discretion of the city magistrate. (Ord. No. 5716, § 2, 2-28-83; Ord. No. 7627, § 1, 5-6-91)

   Sec. 1-8(2). Except for provisions relating to civil traffic violations, whenever in this Code or in any ordinance of the city any act is made or declared to be a civil infraction, where no specific penalty is provided therefor, the violation of any such provision or ordinance shall be as set out in chapter 8 of this Code. (Ord. No. 5716, § 2, 2-28-83; Ord. No. 5929, § 1, 12-19-83; Ord. No. 8154, § 1, 11-8-93)

   Sec. 1-8(3). Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense. (Ord. No. 5716, § 2, 2-28-83; Ord. No. 5929, §§ 2, d, 12-19-83)

   Sec. 1-8(4). In this Code, when a fine is imposed or required, it is within the discretion of the judge or hearing officer to substitute community service in lieu of any fine. Except where a different rate is expressly provided in the Code section that has been violated, the rate at which community service shall be valued as a setoff against the fine shall be ten dollars ($10.00) for each hour of community service work performed. Participation in the City of Tucson's Work Alternative Program shall qualify as community service for purposes of this section. (Ord. No. 7781, § 1, 3-16-92; Ord. No. 10378, § 1, 3-6-07)

   Sec. 1-8(5). Where, pursuant to the provisions of chapter 8 of this Code, the city court orders the reimbursement of incarceration costs to the city, or imposes administrative fees, such reimbursement or fees are hereby declared to be cost recovery measures, administrative in nature, and shall not be construed as imposing a fine under subsection 1-8(1) above. (Ord. No. 8557, § 2, 8-7-95)

   Editors Note: Section 1 of Ord. No. 5716, adopted Feb. 28. 1983, effective July 1, 1983. repealed former §§ 1-8, 1-8.1, relating to penalties for Code violations, derived from 1953 Code, ch. 1, § 5; Ord. No. 4923, § 1, adopted Jan. 2, 1979; and Ord. No. 5391, §§ 1, 2, adopted Aug. 3, 1981. Section 2 of Ord. No. 5716 added a new § 1-8.

   Charter References: Violations of Charter and ordinances, ch. XXV, § 5.

   Cross References: Administrative hearing office to hear and decide violations deemed to be civil infractions, § 28-2(2).

Sec. 1-9. Imprisonment to be in city or county jail.

All persons sentenced to imprisonment or detained by the chief of police for the violation of any provision of the Charter, this Code or any other ordinance of the city, shall be imprisoned of. detained in the county jail, city jail or other appropriate detention facility in the discretion of' the city magistrate or the chief of police.

(1953 Code, ch. 1, § 10; Ord. No. 5897, § 1, 11-7-83)

   Charter References: Violations of Charter and ordinances, ch. XXV, § 5.