Chapter 1.05
GENERAL PROVISIONS
Sections:
1.05.010 Construction of ordinances.
1.05.030 Reference to titles, chapters or sections – Conflicting ordinances.
1.05.060 Severability of parts of code.
1.05.080 Repeal of existing ordinances.
1.05.090 Effective date of code.
1.05.010 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 town 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 town. [Code 1983 Art. 1-2.]
1.05.020 Definitions.1
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.
2. 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.
3. Code. The words “the code” or “this code” shall mean “The Code of the Town of Taylor, Arizona,” unless the context indicates otherwise.
4. Council. Whenever the word “council” is used, it shall be construed to mean the common council of the town of Taylor, Arizona.
5. Day. A “day” is the period of time between any midnight and the midnight following.
6. Daytime, Nighttime. “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
7. Gender – Singular and Plural. Words of the masculine gender include the feminine; and words in the singular number include the plural and words in the plural number include the singular.
8. In the Town. The words “in the town” or “within the town” shall mean and include all territory over which the town now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
9. Joint Authority. All words purporting to give a “joint authority” to three or more town 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.
10. Month. The word “month” shall mean a calendar month.
11. Oath. “Oath” includes affirmation or declaration.
12. Or, And. “Or” may be read “and,” and “and” may be read “or,” if the sense requires it.
13. Person. The word “person” shall extend and be applied to firms, corporations, or voluntary associations, as well as to individuals, unless plainly inapplicable.
14. Personal Property. “Personal property” includes every species of property, except real property as defined in this section.
15. Preceding, Following. The words “preceding” and “following” mean next before and next after, respectively.
16. Property. The word “property” shall include real and personal property.
17. Real Property. “Real property” shall include lands, tenements, and hereditaments.
18. Shall, May. “Shall” is mandatory and “may” is permissive.
19. Shall Have Been. The words “shall have been” include past and future cases.
20. 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 of subscription to a sworn statement only when two witnesses so sign their own names thereto.
21. State. The words “the state” shall be construed to mean the state of Arizona.
22. 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.
23. Tenses. The present tense includes the past and future tenses, and the future includes the present.
24. Time, Reasonable. In all cases where any act shall be required 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.
25. Time, Computation. The time within which an act is to be done, 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 holiday it shall be excluded; and when such time is expressed in hours, the whole of Sunday or a holiday, from midnight to midnight, shall be excluded. This definition shall also apply to any order issued pursuant to any code provision or ordinance.
26. Town. Whenever the word “town” is used, it shall be construed to mean the town of Taylor, Arizona.
27. Week. A “week” consists of seven consecutive days.
28. 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, it shall be made in writing in the English language unless it is expressly provided otherwise.
29. Year. The word “year” shall mean a calendar year, except where otherwise provided. [Code 1983 Art. 1-3.]
1.05.030 Reference to titles, chapters or sections – Conflicting ordinances.
A. Additional Rules of Construction. In addition to the rules of construction specified in the previous section, the rules set forth in subsections (B), (C) and (D) of this section shall be observed in the construction of this code and any other ordinances of the town.
B. References to This Code. All references in this code to titles, chapters, or sections are to the titles, chapters, and sections of this code unless otherwise specified. Any reference to sections in a noncodified ordinance is to sections of that ordinance unless otherwise specified.
C. 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. If the provisions of any noncode ordinance conflict with or contravene a provision of this code, or if two ordinances conflict or contravene each other, the provisions of each shall prevail as to all matters and questions growing out of the subject matter of each, or if they be the same, the later in time of two ordinances shall control and unrepealed code provisions shall control over noncode ordinances.
D. Conflicting Provisions – Same Chapter. If conflicting provisions are found in different sections of the same chapter, or the same ordinances, the provisions of the section which is last in numerical order shall prevail unless such construction is inconsistent with the meaning of such chapter or ordinance. [Code 1983 Art. 1-4.]
1.05.040 Section heading.
Headings of the several sections of this code or any ordinance are intended as a convenience to indicate the contents of the section and shall not be deemed or taken to be titles of such section, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such section, including the headings, is amended or re-enacted. [Code 1983 Art. 1-5.]
1.05.050 Effect of repeal.
When any ordinance repealing a former ordinance, or clause or provision of this code shall be itself repealed, such repeal shall not be construed to revive such former ordinance, or clause or provision of this code 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 or code provision repealed. [Code 1983 Art. 1-6.]
1.05.060 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 or any ordinance shall be severable, and if any provision of this code or any ordinance for any reason is held to be invalid or unconstitutional by a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of the code or ordinance. [Code 1983 Art. 1-7.]
1.05.070 Penalty.
Any person found guilty of violating any provisions of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished under the penalty specified for that particular violation. If no penalty is specified for the particular violation, said person shall be punished by a fine of not to exceed $300.00 or by imprisonment for a period not to exceed three months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. [Code 1983 Art. 1-8.]
1.05.080 Repeal of existing ordinances.
A. Effective Date of Repeal. All ordinances of the town of Taylor now in force and effect, the subject matter of which is covered in this code, except those specially exempted in this section, are hereby repealed effective at 12:00 p.m. on the effective date of the ordinance adopting this code, 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.
B. Ordinances Exempt from Repeal. The adoption and enactment of this code shall not be construed to repeal or in any way to affect or modify:
1. Any special ordinance or ordinances regarding franchises, annexations, dedications, or zoning.
2. Any ordinance making an appropriation.
3. Any ordinance affecting any bond issue or by which bond issue may have been authorized.
4. The running of the statutes of limitations in force at the time this code becomes effective.
5. The continued existence and operation of any department, agency, commission or office heretofore legally established or held.
6. Any bond of any public officer.
7. Any taxes, fees, assessments, or other charges incurred or imposed.
8. 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. [Code 1983 Art. 1-9.]
1.05.090 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 12:00 p.m. on February 8, 1983, except that where a later effective date is provided it shall prevail. [Code 1983 Art. 1-10.]
State law reference. For definitions and construction of statutes generally, see A.R.S. sections 1-211 to 1-215.