CHAPTER 3
DEFINITIONS

SECTION:

1-3-1:    Construction Of Words

1-3-2:    Definitions

1-3-3:    Catchlines

1-3-1: CONSTRUCTION OF WORDS:

Whenever any word in any section of this code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto.

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’s ordinances is not meant to amend the passage and effective dates of such original ordinances. (1988 Code)

1-3-2: DEFINITIONS:

Whenever the following words or terms are used in this code, they shall have the meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:

AGENT:

A person acting on behalf of another.

CITY SEAL:

The common seal of the city of Garden City shall be a rubber stamp one and one-half inches (1 1/2") in diameter, bearing around its periphery the words "City of Garden City, Idaho", and through its diameter the word "SEAL", so arranged as to permit the impression of such circle and words upon paper. Custody of the seal is the responsibility of the city clerk.

CODE:

The municipal code of Garden City, Idaho, and amendments thereto.

COUNCIL:

Unless otherwise indicated, the city council of the city of Garden City, Idaho.

COUNTY:

The county of Ada, state of Idaho.

EMPLOYEES:

Whenever reference is made in this code to a city employee by title only, this shall be construed as though followed by the words, "of the city of Garden City".

FEE:

A sum of money charged by the city for the carrying on of a business, profession or occupation.

INFRACTION:

A civil public offense, not constituting a crime, punishable by a penalty not exceeding one hundred dollars ($100.00) and for which no incarceration may be imposed.

LICENSE:

The permission granted for the carrying on of a business, profession or occupation.

MISDEMEANOR:

Any offense not defined as a felony or infraction under state law1. Except in cases where a different punishment is prescribed by the Idaho Code or by this code, a misdemeanor is punishable by imprisonment in a county jail not exceeding six (6) months or by a fine not exceeding three hundred dollars ($300.00), or both2.

1. IC § 18-111.

2. IC § 18-113. See also section 4-6-1 of this code.

NUISANCE:

Anything offensive or obnoxious to the health and welfare of the inhabitants of the city; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.

OCCUPANT:

As applied to a building or land, this term shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

OFFENSE:

Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.

OFFICERS:

Whenever reference is made in this code to a city officer by title only, this shall be construed as though followed by the words, "of the city of Garden City".

OPERATOR:

The person who is in charge of any occupation, business or profession.

OWNER:

As applied to a building or land, this term 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:

Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person.

PERSONAL PROPERTY:

Every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right of interest therein.

RETAILER:

Unless otherwise specifically defined, this term shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.

RIGHT OF WAY:

The privilege of the immediate use of the roadway or other property.

STATE:

The state of Idaho.

STREET:

This term shall include alleys, lanes, courts, boulevards, public squares, public places and sidewalks.

TENANT:

As applied to a building or land, this term shall include any person who occupies the whole or any part of such building or land, whether alone or with others.

WHOLESALER AND WHOLESALE DEALER:

Unless otherwise specifically defined, such terms shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.

WRITTEN, IN WRITING:

These terms 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 required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. (Ord. 1, 6-11-1949; amd. 1988 Code)

1-3-3: CATCHLINES:

The catchlines of the several sections of this 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 division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. (1988 Code)