(A) The singular number includes the plural. Words used in the present include the future. Gender neutral language will be employed, thus all neutral terms contemplate the masculine, the feminine and non-binary. The word “person” includes bodies politic and corporate, partnerships, associations and corporations.
(B) For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public right-of-way, other than a street, affording secondary means of access to abutting property.
CHIEF OF POLICE. The chief law enforcement officer for the City. May also be referred to as SHERIFF.
CITY. The City of White Sulphur Springs, Montana.
CLERK. The City Clerk of White Sulphur Springs, Montana.
CODE OF ORDINANCES. The Municipal Code of the City of White Sulphur Springs, Montana
COUNCIL. The City Council of White Sulphur Springs, Montana.
COUNTY. Meagher County, Montana.
DAY. Shall be any 24-hour period from 12:00 midnight to 12:00 midnight.
KNOWINGLY. Imparts only a knowledge that the facts exist which bring the act or omission within the provisions of these chapters. It does not require any knowledge of the unlawfulness of such act or omission.
LAND, REAL ESTATE and REAL PROPERTY. Include lands, tenements, hereditaments, water rights, possessory rights and claims.
MEASURE. An ordinance, amendment, resolution or motion.
MINUTES. The written record of an official proceeding.
MONTH. A calendar month, unless otherwise expressed.
NEGLECT, NEGLIGENCE, NEGLIGENT and NEGLIGENTLY. Impart 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 the person’s own concern.
OATH. Includes “affirmation” and the word “swear” includes the word “affirm”. Every mode of oral statement under oath or affirmation is embraced in the term “testify” and every written one in the term “depose”.
OCCUPANT or TENANT. As applied to a building or land, includes any person who occupies the whole or a part of a building or land, whether alone or with others.
OFFICER. Includes officers and boards in charge of departments and the members of such boards, and such reference or use of the word “municipality” or “City” shall mean this City. CLERK or TREASURER and others shall mean the City Clerk/Treasurer.
OFFICIAL TIME. Standard Time or Daylight Saving Time, as may be in current use within the City.
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. An individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust or other legal entity, and includes a trustee, receiver, assignee or similar representative thereof, but does not include a governmental body.
PERSONAL PROPERTY. 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.
PRECEDING and FOLLOWING. Next before and next after, respectively.
PROPERTY. Includes both real and personal property.
PROPERTY OWNER. A person owning private property in the City as shown by the County Auditor’s plats of the City.
PUBLIC PLACE. Includes in its meaning, but is not restricted to, any city-owned open place, such as parks and squares.
PUBLIC PROPERTY. Any and all property owned by the City or held in the name of the City by any of the departments, commissions or agencies within the City government.
PUBLIC THOROUGHFARE. Includes highways, streets, alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
QUARTER. Any three-month period, ending with the last day of March, June, September and December.
SHALL. Mandatory, MAY is discretionary.
SIDEWALK. The surfaced portion of the street between the edge of the traveled way, surfacing or curb line and the adjacent property line, intended for the use of pedestrians.
SIGNATURE. Includes any name, mark or sign written with the intent to authenticate any instrument of writing.
STATE. The State of Montana.
STATUTES or LAWS. The latest edition of the Montana Code Annotated, as amended.
STREET or HIGHWAY. The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
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.
WILLFULLY. 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.
WRITING. Includes printing, writing, typewriting or other act of reproducing a design on a surface by any process.
YEAR. Any one calendar year, unless otherwise expressed.
(C) Words prohibiting anything being done, except in accordance with a license or permit or authority from a board or officers, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.
(D) Whenever in this code it is provided that anything must be done, to the approval of or subject to the direction of the enforcing officer, this shall be construed to give such officer only the power to determine whether the rules and regulations established in this code have been complied with and shall not be construed as giving such officer discretionary powers.(Ord. 361, passed 4-18-2017)