A. Whenever any word in any section of this Town 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 Town Code by words importing the singular number only, or a particular gender, several matters, parties or persons and the opposite gender and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this Town Code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto. (1965 Code § 1-1-4; amd. 1999 Code)
B. The word "ordinance" contained in the ordinances of the Town has been changed in the content of this Town Code to "Title", "Chapter", "Section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the Town's ordinances is not meant to amend passage and effective dates of such original ordinances. (1999 Code)
C. 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. (1965 Code § 1-1-5)
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.
CODE: The Town Code of the Town of Valier, Montana.
COUNTY: The County of Pondera, State of Montana.
EMPLOYEES: Whenever reference is made in this Code to a Town employee by title only, this shall be construed as though followed by the words "of the Town of Valier".
FEE: A sum of money charged by the Town 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.
KNOWINGLY: Imports only a knowledge that the facts exist which brings the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.
LICENSE OR PERMIT: The permission granted for the carrying on of a business, profession or occupation.
NEGLIGENT: The terms negligent, negligence, neglect and negligently import a want of such attention to the nature or probable consequences of the act or omission as a prudent person ordinarily bestows 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 Town, 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.
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 Town officer by title only, this shall be construed as though followed by the words "of the Town of Valier".
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.
STATE: The State of Montana.
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.
TOWN: The Town of Valier, County of Pondera, State of Montana.
TOWN COUNCIL: Unless otherwise indicated, the Town Council of the Town of Valier, Montana.
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. (1965 Code § 1-1-5; amd. 1999 Code)
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