Chapter 1.05
GENERAL PROVISIONS

Sections:

1.05.010    Definitions.

1.05.020    Grammatical interpretation.

1.05.030    Prohibited acts include causing, permitting.

1.05.040    Construction.

1.05.050    Amendment.

1.05.060    Severability.

1.05.010 Definitions.

The following words and phrases, whenever used in the ordinances of the County, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

“Board” means the Board of Supervisors of the County. “All its members” or “all Board persons” means the total number of Board persons provided by the County Charter under the general laws of the state;

“County” means the County of Black Hawk, Iowa;

“Fiscal year” means July 1st to June 30th;

“Law” denotes applicable federal law, the Constitution and statutes of the state of Iowa, the ordinances of the County; and, when appropriate, any and all rules and regulations which may be promulgated hereunder;

“May” confers a power;

“Month” means a calendar month;

“Must” states a requirement;

“Oath” shall be construed to include an affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “affirm” and “affirmed” shall be equivalent to the words “swear” and “sworn”;

“Or” may be read “and” and “and” may be read “or” if the sense requires it;

“Ordinance” means a law of the County; however, an administrative action, order or directive may be in the form of a resolution;

“Owner” applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land;

“Person” means 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” includes money, goods, chattels, things in action and evidences of debt;

“Preceding” and “following” mean next before and next after, respectively;

“Property” includes real and personal property;

“Real property” includes any interest in land;

“Shall” imposes a duty;

“State” means the state of Iowa;

“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this County 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,” 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;

Title of Office. Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the County;

“Written” includes printed, typewritten, or electronically transmitted such as facsimile or electronic mail;

“Year” means a calendar year;

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 other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. [Code 2009 § 1-1-1.]

1.05.020 Grammatical interpretation.

The following grammatical rules shall apply in the ordinances of the County:

A. Gender. Any gender includes the other gender;

B. Singular and Plural. The singular number includes the plural and the plural includes the singular;

C. Tenses. Words used in the present tense include the past and the future tenses and vice versa;

D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the content and approved usage of the language. [Code 2009 § 1-1-2.]

1.05.030 Prohibited acts include causing, permitting.

Whenever in this code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. A principal is responsible for the unauthorized acts or omissions committed by an agent or employee, which have been authorized by the principal. [Code 2009 § 1-1-3.]

1.05.040 Construction.

The provisions of this code and all proceeds under it are to be construed with a view to effect its objects and to promote justice. [Code 2009 § 1-1-4.]

1.05.050 Amendment.

All ordinances of the Board of Supervisors passed thereafter shall be in the form of an addition or amendment to the Black Hawk County Code of 1998 constituting this County Code, and shall include proper references to chapter and section to maintain the orderly codification of the ordinances. [Code 2009 § 1-1-5.]

1.05.060 Severability.

If any section, provision or part of the County Code is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the County Code as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. [Code 2009 § 1-1-6.]