Chapter 1.08 GENERAL PROVISIONS

Chapter 1.08
GENERAL PROVISIONS

Sections:

1.08.010 Definition and rules of construction.

1.08.030 Statutes or codes included and excluded.

1.08.040 Duties create no civil liability.

1.08.010 Definition and rules of construction.

In the construction of the ordinances of this town, the following rules and definitions shall be observed and applied unless such construction would be inconsistent with the manifest intent of these ordinances:

A. General Rule. All words and phrases shall be construed and understood according to the common use and understanding of the language; the technical words and phrases and such other words and phrases as may have acquired a particular meaning in law shall be construed and understood according to such particular meaning.

B. Gender – Singular and Plural. Unless otherwise indicated from the context of the ordinance, all words used in the singular shall include the plural and all words used in the masculine gender shall extend to and apply to the feminine gender.

C. “Person” includes all individuals both male and female, any governmental agency, corporation, partnership, association, company, and every other form of organization whether formed voluntarily or involuntarily.

D. Tenses. The use of any verb in the present tense shall include the future and past tense when applicable.

E. “Highway” and “road” include public bridges, and may be equivalent to the words “county way,” “county road,” “common road,” and “state road.”

F. “Street” includes alleys, lanes, courts, boulevards, public ways, public squares, public places, sidewalks, gutters and culverts, crosswalks, and intersections.

G. “Business” includes any trade, profession, calling, activity, operation or enterprise for which a license is required by any ordinance of this town.

H. “License” includes any certificate or license issued by this town.

I. “Property” includes both real and personal property.

J. “Owner” applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of a whole or part of such building or land.

K. “Tenant” or “occupant” applied to a building or land shall apply to any person who occupies all or any part of such building or land either alone or with others.

L. Reasonable Time. In all cases where any ordinance requires that an act be done in a reasonable time or that reasonable notice be given, such reasonable time for such notice shall be deemed to mean such time as may be necessary for the expeditious performance of such duty or compliance with such notice.

M. Time – How Computed. The time within which an act is to be done as provided in any ordinance or in any resolution or order of this town, when expressed in days, shall be determined by excluding the first day and including the last day, except if the last day be a Sunday or a holiday, then the last day shall be the day next following such Sunday or holiday which is not a Sunday or holiday. When time is expressed in hours, Sunday and all holidays shall be excluded.

N. “Week” shall be construed to mean any seven-day period.

O. Location. Whenever any act, conduct or offense is prohibited or required and no reference is made to location, unless the context specifically indicates otherwise, the act, conduct, or offense prohibited or required shall be within the boundaries of this town.

P. “Town marshal” or “marshal” as used in this code all have the same meaning and may be used interchangeably.

Q. “Offense” means any act, action, or conduct prohibited by this code or the failure to perform any acts required in this code.

R. “Officer” or “official” as used in this code means any elected or appointed person employed by the town unless the context clearly indicates otherwise.

S. “Clerk” means the individual appointed to act as the clerk of the town.

T. “Town” means the town of Mayfield. [Ord. 2011-2012-2 § 3; Code 1986 § 1-005. Formerly 1.08.050.]

1.08.020 Numbering ordinances.

A. The clerk, insofar as possible, shall assign all ordinances of a general nature adopted after this municipal code has been adopted a number which shall conform to the numbering system used in this code and shall indicate upon the face of the ordinance the date adopted.

B. The clerk shall keep all ordinances of a local, private or temporary nature, including franchises, grants, dedications, bond issues and tax levies, in a separate book of special ordinances properly indexed and organized according to date adopted. The first number of such an ordinance shall be the last two digits of the year the ordinance is adopted, followed by a dash which is followed by a number which shall be a sequential, ascending number indicating the order in which such special ordinance was adopted during the year.

C. Failure to comply with this section shall not affect or render invalid any ordinance of this town. [Ord. 2011-2012-2 §§ 3, 4; Code 1986 § 1-008. Formerly 1.08.080.]

1.08.030 Statutes or codes included and excluded.

Any reference or citation to any statute shall not be interpreted or construed to include, incorporate, or make the citation or statute part of this code unless the provisions of this code specifically include, incorporate, or make the citation or statute part of this code by reference or incorporation, and any reference or citation not specifically included or incorporated may be changed, amended or deleted without publication on an order of the town council. [Ord. 2011-2012-2 § 3; Code 1986 § 1-009. Formerly 1.08.090.]

1.08.040 Duties create no civil liability.

Whenever this code or any ordinance of this town requires that an act be done or prohibits an action by any officer, employee or agent of this town, the failure to perform the act or the performance of the act prohibited shall not create any liability on the town or the officer. [Ord. 2011-2012-2 § 3; Code 1986 § 1-010. Formerly 1.08.100.]