Chapter 1
GENERAL
Articles:
1-1 How Code Designated and Cited
1-2 Construction of Ordinances
1-4 Reference to Chapters, Articles or Sections: Conflicting Provisions
1-7 Severability of Parts of Code
1-9 Repeal of Existing Ordinances
1-11 Authority to Correct Scrivener’s Errors
Article 1-1
How Code Designated and Cited
The ordinances embraced in the following chapters and sections shall constitute and be designated “The Code of the City of Litchfield Park, Arizona,” and may be so cited. Such code may also be cited as the “Litchfield Park City Code.”
Article 1-2
Construction of Ordinances
The rules and the definitions set forth in this chapter shall be observed in the construction of this code and the ordinances of the city unless such construction would be inconsistent with either the manifest intent of the council or the context of this code or the ordinances of the city.
Article 1-3
Definitions
Sections:
1-3-1 General Rule Regarding Definitions
1-3-8 Department, Board, Commission, Office, Officer or Employee
1-3-9 Gender; Singular and Plural
1-3-23 Signature or Subscription by Mark
Section 1-3-1 General Rule Regarding Definitions
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.
Section 1-3-2 Acts by Agents
When this code or an ordinance requires an act 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.
Section 1-3-3 City
Whenever the word “city” is used, it shall mean the City of Litchfield Park, Arizona.
Section 1-3-4 Code
The words “the code” or “this code” shall mean “The Code of the City of Litchfield Park, Arizona,” unless the context indicates otherwise.
Section 1-3-5 Council
Whenever the word “council” is used, it shall be construed to mean the common council of the City of Litchfield Park, Arizona.
Section 1-3-6 Day
A “day” is the period of time between any midnight and the midnight following.
Section 1-3-7 Daytime, Nighttime
“Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
Section 1-3-8 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.
Section 1-3-9 Gender; Singular and Plural
Words of the masculine gender include the feminine; words in the singular number include the plural and words in the plural number include the singular.
Section 1-3-10 In the City
The words “in the city” or “within the city” shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
Section 1-3-11 Joint Authority
All words purporting to give a joint authority to three or more city officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
Section 1-3-12 Manager
“Manager” shall mean the city manager or his duly authorized designee.
Section 1-3-13 Month
The word “month” shall mean a calendar month.
Section 1-3-14 Oath
“Oath” includes affirmation or declaration.
Section 1-3-15 Or, And
“Or” may be read “and,” and “and” may be read “or,” if the sense requires it.
Section 1-3-16 Person
The word “person” shall extend and be applied to firms, partnerships, corporations or voluntary associations, as well as to individuals, unless plainly inapplicable.
Section 1-3-17 Personal Property
“Personal property” includes every species of property, except real property as defined in this article.
Section 1-3-18 Preceding, Following
The words “preceding” and “following” mean next before and next after, respectively.
Section 1-3-19 Property
The word “property” shall include real and personal property.
Section 1-3-20 Real Property
“Real property” shall include lands, tenements and hereditaments.
Section 1-3-21 Shall, May
“Shall” is mandatory and “may” is permissive.
Section 1-3-22 Shall Have Been
The words “shall have been” include past and future cases.
Section 1-3-23 Signature or Subscription by Mark
“Signature” or “subscription” includes a mark when the signer cannot write, such signer’s or subscriber’s name being written near the mark by a 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 witnesses so sign their own names thereto.
Section 1-3-24 State
The words “the state” shall be construed to mean the State of Arizona.
Section 1-3-25 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 or who occupies the whole or part of such building or land, either alone or with others.
Section 1-3-26 Tenses
The present tense includes the past and future tenses, and the future includes the present.
Section 1-3-27 Time-Computation
The time within which an act is to be done as provided in this code 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 Saturday, Sunday or holiday it shall be excluded; and when such time is expressed in hours, the whole of Saturday, Sunday or a holiday, from midnight to midnight, shall be excluded.
Section 1-3-28 Time-Reasonable
In all cases where any section of this code shall require any act to be done in a reasonable time or reasonable notice to be give, 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.
Section 1-3-29 Week
A “week” consists of seven consecutive days.
Section 1-3-30 Writing
“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 it is expressly provided otherwise.
Section 1-3-31 Year
The word “year” shall mean a calendar year, except where otherwise provided.
Article 1-4
Reference to Chapters, Articles or Sections: Conflicting Provisions
Sections:
1-4-1 Additional Rules of Construction
1-4-3 Conflicting Provisions-Different Chapters
1-4-4 Conflicting Provisions-Same Chapter
Section 1-4-1 Additional Rules of Construction
In addition to the rules of construction specified in Articles 1-2 and 1-3, the rules set forth in this article shall be observed in the construction of this code.
Section 1-4-2 References to this Code
All references to chapters, articles or sections are to the chapters, articles and sections of this code unless otherwise specified.
Section 1-4-3 Conflicting Provisions-Different Chapters
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 and questions growing out of the subject matter of such chapter.
Section 1-4-4 Conflicting Provisions-Same Chapter
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 is inconsistent with the meaning of such chapter.
Article 1-5
Section Headings
Headings of the several sections of this code are intended as a convenience to indicate the contents of the section and do not constitute part of the law.
Article 1-6
Effect of Repeal
When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided. 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 any offense committed under the ordinance repealed.
Article 1-7
Severability of Parts of Code
It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this code shall be severable, and, if any provision of this code is held unconstitutional for any reason by a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of the code.
Article 1-8
Penalty
A. Unless otherwise provided in this code or ordinance, any person who violates any provision of this code shall be responsible for a civil infraction, punishable by a fine not less than fifty dollars nor more than five hundred dollars for each violation.
B. After having been found responsible for committing three or more civil infractions of the same code provision in any twenty-four-month period, whether by admission, by payment of the fine, by default or by judgment after hearing, a person is a habitual offender and may be charged with a Class I misdemeanor. For purposes of calculating the twenty-four-month period under this subsection, the dates of the commission of the offenses shall be used. Any person found guilty of a Class I misdemeanor under this subsection shall be punished by a fine of not less than five hundred dollars nor more than twenty-five hundred dollars, exclusive of penalty assessments prescribed by law or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described.
C. Any violation of or failure or refusal to do or perform any act required by Chapter 12 of this code constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of Title 28, Chapter 5, Articles 3 and 4, Arizona Revised Statutes and amendments thereto.
D. Violations of this code for which a civil sanction is imposed shall be treated as a civil offense and hearings and appeals shall be conducted in accordance with the rules of procedure in civil traffic violation cases as set forth in the Arizona Revised Statutes, Rules of Procedure in Civil Traffic Cases.
E. A code enforcement officer or any law enforcement officer authorized to act on behalf of the city shall have the authority to enforce the provisions of this code and to issue citations for violations thereof, except that the code enforcement officer shall not issue citations for traffic violations pursuant to Chapter 12 of this code or Title 28, Chapter 6, Articles 20 and 21, Arizona Revised Statutes. (Ord. 16-216 § 1; Ord. 08-144 § 1)
Article 1-9
Repeal of Existing Ordinances
Sections:
1-9-1 Effective Date of Repeal
1-9-2 Ordinances Exempt from Repeal
Section 1-9-1 Effective Date of Repeal
All ordinances of the city except those specially exempted in this article, now in force and effect are hereby repealed effective at twelve o’clock noon on June 30, 1988 but all rights, duties and obligations created by said ordinances shall continue and exist in all respects as if this code had not been adopted and enacted.
Section 1-9-2 Ordinances Exempt from Repeal
The adoption and enactment of this code shall not be construed to repeal or in any way to modify or affect:
A. Any special ordinance or ordinances regarding franchises, annexations, dedications or zoning.
B. Any ordinance making an appropriation.
C. Any ordinance affecting any bond issue or by which any bond issue may have been authorized.
D. The running of the statute of limitations in force at the time this code became effective.
E. The continued existence and operation of any department, agency, commission or office heretofore legally established or held.
F. Any bond of any public officer.
G. Any taxes, fees, assessments or other charges incurred or imposed.
H. Any ordinances authorizing, ratifying, confirming, approving or accepting any compact or contract with any other municipality, the State of Arizona or any county or subdivision thereof, or with the United States or any agency or instrumentality thereof.
Article 1-10
Effective Date of Code
Each and every section of this code as herein contained and hereby enacted shall take effect and be in force on and after twelve o’clock noon on December 6, 2003 except that where a later effective date is provided it shall prevail.
Article 1-11
Authority to Correct Scrivener’s Errors
A. The city attorney and city clerk are hereby each individually authorized to correct scrivener’s errors in the city code and in ordinances and resolutions adopted by the council without the need for readoption of the city code provision, ordinance, or resolution.
B. For purposes of this section, a scrivener’s error includes one or more of the following:
1. Misspelling.
2. Grammatical error.
3. Numbering error.
4. Cross-referencing error.
5. Inconsistency with the rules of style adopted for the reformatted city code.
C. A scrivener’s error correction made under the authority granted by this section shall be documented as follows:
1. A correction to the city code shall be noted in a dated, explanatory, and historical notes table compiled as necessary for each chapter of the city code.
2. A correction to an ordinance or resolution shall be accompanied by a scrivener’s note on or attached to the corrected ordinance or resolution. (Ord. 23-268 § 1)