Chapter 1
GENERAL PROVISIONS

Sec. 1-1 How Code designated and cited.

The ordinances embraced in the following chapters and sections shall constitute and be designated as the “Code of Ordinances of the City of Kingman, Arizona,” and may be cited as the “Kingman Code.”

Sec. 1-2 Definitions and rules of construction.

In the construction of this Code and other ordinances of the city, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the Code provision or the ordinance or the context clearly requires otherwise:

General rule: All words and phrases shall be construed and understood 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 the law shall be construed and understood according to such peculiar and appropriate meaning.

Acts by agents: When an act is required to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

And, or: “And” may be read “or” and “or” may be read “and” if the sense requires it.

Building official: The officer designated by the city manager and charged with the administration and enforcement of the city’s construction and building codes.

City: The City of Kingman, in the County of Mohave and State of Arizona, except as otherwise provided.

Code, this Code, Code of Ordinances: The Code of Ordinances of the City of Kingman, Arizona.

Common council, council, city council: The common council of the City of Kingman, Arizona.

County: Mohave County, Arizona.

Department, board, commission, office, officer, or employee: Whenever any department, board, commission, office, officer, or employee is referred to, it shall mean a department, board, commission, office, officer, or employee of the city, unless the context clearly indicates otherwise.

Gender: Words importing the masculine gender include the feminine and neuter.

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, unless it is otherwise expressly declared in the law giving the authority.

Keeper, proprietor: Includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.

Month: A calendar month.

Number: Words used in the singular include the plural and the plural includes the singular.

Oath: The word “oath” includes an affirmation 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.”

Owner: The word “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 part of such building or land.

Person: Includes a corporation, company, partnership, association or society as well as a natural person.

Personal property: Every species of property, except real property, as defined in this section.

Preceding, following: Next before and next after, respectively.

Property: Includes lands, tenements and hereditaments and personal property.

Public place: Any thoroughfare, park, open space and building not privately owned or controlled.

Real property: Coextensive with lands, tenements and hereditaments.

Shall, may: “Shall” is mandatory and “may” is permissive.

Sidewalk: Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

Signature or subscription by mark: “Signature” or “subscription” includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by the witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.

State: The State of Arizona.

Street: Includes any alley, lane, court, boulevard, public way, public square, public place and sidewalk.

Tenant or occupant: The word “tenant” or “occupant” applied to a building or land, shall include any person holding a written or an oral lease of or who occupies the whole or part of such building or land, either alone or with others.

Tenses: The present tense includes the past and future tenses, and the future includes the present.

Time, computation: The time within which an act is to be done as provided in any ordinance or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Sunday or legal holiday it shall be excluded; and when such time is expressed in hours, the whole of Sunday or the legal holiday, from midnight, shall be excluded.

Time, reasonable: In all cases where any ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.

Week: A “week” consists of seven (7) consecutive days.

Writing: Includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, it shall be made in writing in the English language unless expressly provided otherwise.

Year: The word “year” shall mean a calendar year, except where otherwise provided.

(Code 1966, § 1-11)

State law references: For definitions and construction of statutes generally, see A.R.S., §§ 1-211—1-215.

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.

(Code 1966, § 1-14)

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.

(Code 1966, §§ 1-13, 1-14)

Sec. 1-5 Severability of parts of Code.

It is hereby declared to be the intention of the common 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, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability 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 common council without the incorporation in this Code of any such unconstitutional, invalid or unenforceable word, clause, sentence, paragraph or section.

(Code 1964, § 1-15)

Sec. 1-6 Conflict of laws.

(a) If the provisions of different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters of and questions growing out of the subject matter of such chapter.

(b) If conflicting provisions are found in different sections of the same chapter, the provisions of the section which is last in numerical order shall prevail unless such construction be inconsistent with the meaning of such chapter.

Sec. 1-7 Jurisdiction.

Unless otherwise provided, the provisions of this Code shall apply to all territory within the corporate limits of the city, to all property owned, leased or controlled by the city, and to all territory not within the corporate limits as is authorized by state law.

State law references: Extraterritorial jurisdiction of city, A.R.S., §§ 9-240(B)(21)(c), 9-276(A)(18), 9-401.

Sec. 1-8 Penalty or sanction.

(a) Any person found guilty of violating a misdemeanor crime shall be sentenced to the following:

(1) Class 1 misdemeanor, up to three (3) years probation, six (6) months jail, and two thousand five hundred dollars ($2,500.00) in fines;

(2) Class 2 misdemeanor, up to two (2) years probation, four (4) months jail, and seven hundred fifty dollars ($750.00) in fines;

(3) Class 3 misdemeanor, up to one (1) year probation, thirty (30) days jail, and five hundred dollars ($500.00) in fines.

(b) Any person found guilty of violating any provision of this city’s codes and regulations or amendments thereto, that are not classified as per subsection (a) of this section, shall be guilty of a Class 1 misdemeanor.

(c) Each day that a violation continues shall be a separate offense punishable as described in this section.

(d) Any violation of the provisions of this city’s codes and regulations, or amendments thereto, shall also constitute a civil offense, and any person who is served with a civil citation charging such violation and who admits, or is convicted of, such offense shall be liable to pay to the city a civil sanction in an amount not to exceed two hundred fifty dollars ($250.00).

(Ord. No. 484, § 1, 3-14-83; Ord. No. 1238, §§ 1, 2, 12-20-99; Ord. No. 1269, § 2, 11-6-00; Ord. No. 1290, 4-2-01; Ord. No. 1497R, § 2, 3-19-07; Ord. No. 1682, § 1, 7-6-10)

State law references: Police courts jurisdiction, A.R.S., § 22-401 et seq.; maximum fine and imprisonment, § 9-240(B)(28)(b); escape of prisoners, § 13-896.

Sec. 1-9 Same—Exemption of officials.

No provision of this Code designating the duties of an officer or employee of the city shall be so construed as to make such officer or employee liable for any fine or penalty provided for a violation of this Code, unless the intention of the council to impose such a fine or penalty upon such officer or employee is specifically and clearly expressed in this Code creating or establishing the duties of such officer or employee.