(a) Applicability. As used in the Xenia City Code, unless another definition is provided or the context otherwise requires, the general definitions contained in division (b) of this section shall apply.
(b) General Definitions.
(1) "And" may be read "or," and "or" may be read "and" if the sense requires it.
(2) "Another," when used to designate the owner of property that is the subject of an offense, includes not only natural persons but also every other owner of property.
(3) "Anything of value," as used in any section of the Xenia City Code for the violation of which there is provided a penalty or forfeiture, unless the context otherwise requires, includes:
A. Money, bank bills or notes, U.S. treasury notes, and other bills, bonds or notes issued by a lawful authority and intended to pass and circulate as money;
B. Goods and chattels;
C. Promissory notes, bills of exchange, orders, drafts, warrants, checks or bonds given for the payment of money;
D. Receipts given for the payment of money or other property;
E. Rights in action;
F. Things which savor of the realty and are, at the time they are taken, a part of the freehold, whether they are of the substance or produce thereof or affixed thereto; although there may be no interval between the severing and taking away;
G. Any interest in realty, including fee simple and partial interests, present and future, contingent or vested interests, beneficial interests, leasehold interests and any other interests in realty;
H. Any promise of future employment; and/or
I. Every other thing of value.
(4) "Bond" includes an undertaking.
(5) "CFR" means the Code of Federal Regulations.
(6) "Child" or "children" means progeny or offspring of parentage and includes child by adoption.
(7) "City" or "Municipality" when used in the Xenia City Code shall denote the City of Xenia, Ohio, irrespective of its population or legal classification.
(8) "Council" or "City Council" means the legislative authority of the City of Xenia, Ohio.
(9) "County" means Greene County, Ohio.
(10) "Imprisoned" or "imprisonment" shall have the same meaning as in ORC 1.05.
(11) "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the worldwide web.
(12) "Keeper" or "proprietor" includes all persons, whether acting by themselves or as a servant, agent, or employee.
(13) "Land" and "real estate" includes rights and easements of incorporeal nature.
(14) "Legislative authority" means the City Council as the governing body of the City.
(15) "Municipal ordinance" refers to any ordinance passed by the City of Xenia or a municipal ordinance passed by another Ohio municipality.
(16) "OAC" refers to the Ohio Administrative Code.
(17) "Oath" includes affirmation, and "swear" includes affirm.
(18) "Of unsound mind" includes all forms of derangement or intellectual disability.
(19) "ORC," or "Ohio R.C.," or "Revised Code" refers to the Ohio Revised Code.
(20) "Owner," when applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.
(21) "Person" includes an individual, corporation (whether public or private), business trust, estate, trust, partnership, and association.
(22) "Personal property" includes all property, except real property.
(23) "Plan of sewerage," "system of sewerage," "sewer," and "sewers" includes sewers, sewage disposal works and treatment plants, and sewage pumping stations, together with facilities and appurtenances necessary and proper therefor.
(24) "Plat" means a map of a tract or parcel of land.
(25) "Population" means that shown by the most recent regular federal census.
(26) "Premises," as applied to real property, includes land and buildings.
(27) "Property" includes real, personal, mixed estates and interests.
(28) "Public authority" means the State of Ohio, a state institution of higher education, a county, a township, a municipal corporation, a school district or other political subdivision of Ohio, or any officer, board or commission thereof.
(29) "Public place" includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation, or amusement.
(30) "Real property" includes lands, tenements, and hereditaments.
(31) "Registered mail" includes certified mail, and "certified mail" includes registered mail.
(32) "Rule" includes regulation.
(33) "Sidewalk" means that portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
(34) "State" when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legislative authority of the United States of America. "This State" or "the State" means the State of Ohio.
(35) "State law" refers to the laws of the State of Ohio.
(36) "Street" includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the City.
(37) "Tenant" or "occupant," as applied to premises, includes any person holding a written or oral lease or who actually occupies the whole or any part of such premises, alone or with others.
(38) "Undertaking" includes a bond.
(39) "United States" or "U.S." includes all the states.
(40) "USC" refers to the United States Code.
(41) "Week" means seven (7) consecutive days.
(42) "Whoever" includes all persons, natural and artificial, partners, principals, agents and employees, and all officials, public or private.
(43) "Will" includes codicil.
(44) "Writing" includes printing.
(45) "Written" or "in writing" includes any representation of words, letters, symbols or figures; however, this provision does not affect any law relating to signatures.
(46) "Year" means twelve (12) consecutive months.
Statutory References: ORC 1.02, 1.03, 1.05, 1.44, 1.59, 701.01, 711.001
(Ord. 2021-23. Adopted 12/29/21)