1-3-1: CONSTRUCTION OF WORDS:
1-3-2: GENERAL DEFINITIONS:
1-3-3: TITLE, CHAPTER AND SECTION HEADINGS:
1-3-4: CATCHLINES:
1-3-1: CONSTRUCTION OF WORDS:
A. Liberal Construction: All general provisions, terms, phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the mayor and city council may be fully carried out.
B. Minimum Requirements: In the interpretation and application of any provision of this code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety and general welfare. (2009 Code)
C. Computation Of Time: Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (1991 Code § 1.04.070, as amended)
D. Delegation Of Authority: Whenever a provision appears requiring the head of a department or some other city officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise. (2009 Code)
E. Gender: Each gender includes the masculine, feminine and neuter genders.
F. Singular And Plural: The singular number includes the plural and the plural includes the singular.
G. Tenses: Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (1991 Code § 1.04.040, as amended; amd. 2009 Code)
H. 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.
I. May/Shall, Must: The word "may" is permissive; the words "shall" and "must" are mandatory. (2009 Code)
J. Nontechnical And Technical Words: Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such peculiar and appropriate meaning. (1991 Code § 1.04.030, as amended; amd. 2009 Code)
K. Officers And Employees: Whenever any officer, employee, department, board or commission is referred by title, such reference shall be construed as if followed by the words "of Wellsville City". (1991 Code § 1.04.020, as amended; amd. 2009 Code)
L. Ordinance: The word "ordinance" contained in the ordinances of the city has been changed in the content of this code to "title", "chapter", "section" and/or "subsection", or words of like import for organizational and clarification purposes only. Such change to the city ordinances is not meant to amend passage and effective dates of such original ordinances. (2009 Code)
1-3-2: GENERAL DEFINITIONS:
The following words and phrases, whenever used in this code and the ordinances of the city, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words and phrases:
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
BUSINESS: Any trade, profession, calling, activity, operation or enterprise for which a license is required by any ordinance of the city.
CHIEF OF POLICE: The appointed chief of police of Wellsville City, Utah, or the head of the law enforcement agency providing services to the city by contract or otherwise.
CITY: Wellsville City, Utah, or the area within the territorial limits of Wellsville City, Utah, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
CITY COUNCIL: The city council of Wellsville City, Utah. "All its members" or "all council members" means the total number of council members holding office.
CITY RECORDER: The individual appointed to act as the city recorder.
CODE: The city code of Wellsville City.
COUNTY: The county of Cache, state of Utah.
FEE: A sum of money charged by the city for the carrying on of a business, profession or occupation or other activity subject to city regulation, authorization or limitation.
GOVERNING BODY: The city council of Wellsville City.
HIGHWAY, ROAD: Means and includes public bridges, and may be equivalent to the words "county way", "county road", "common road", and "state road".
LAW: Applicable federal law, the constitution and statutes of the state of Utah, the ordinances of Wellsville City, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
LICENSE: Any certificate or license issued by the city.
LOCATION: Whenever any act, conduct or offense is prohibited or required and no reference is made to location, unless the context specifically indicates otherwise, the act, conduct or offense prohibited or required shall be within the boundaries of the city.
MONTH: A calendar month.
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 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".
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, action or conduct prohibited by this code, or the failure to perform any acts required by this code.
OFFICER OR OFFICIAL: Any elected or appointed person employed by the city, unless the context clearly indicates otherwise.
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: A natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
PERSONAL PROPERTY: Money, goods, chattels, things in action and evidences of debt.
PRECEDING AND FOLLOWING: Next before and next after, respectively.
PROPERTY: Real and personal property.
REAL PROPERTY: Lands, tenements and hereditaments.
REASONABLE TIME: In all cases where any ordinance requires that an act be done in a reasonable time or that reasonable notice be given, such reasonable time for such act or notice shall be deemed to mean such time as may be necessary for the expeditious performance of such duty or compliance with such notice.
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.
SIDEWALK: That portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
STATE: The state of Utah.
STREET: All streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
TENANT AND OCCUPANT: As 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.
WEEK: Any seven (7) day period.
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.
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.
YEAR: A calendar year. (1991 Code § 1.04.010, as amended; amd. 2009 Code)
1-3-3: TITLE, CHAPTER AND SECTION HEADINGS:
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (1991 Code § 1.01.060, as amended)
1-3-4: CATCHLINES:
The catchlines of the several sections of the city code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (1991 Code § 1.04.100, as amended; amd. 2009 Code)