Chapter 1.10
OFFICIAL AND CORPORATE PROVISIONS
Sections:
1.10.050 Rules of construction.
1.10.010 Corporate name.
The corporate name of this municipal corporation shall be “Syracuse.” However, to designate the municipal character of the corporation, the name may be stated “Syracuse, a municipal corporation.” [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.02.010.]
1.10.020 Corporate seal.
The corporate seal of Syracuse is described as follows: the impression is one and three-fourths inches in diameter, is inscribed in the outer circle “Syracuse City, Davis County, Utah,” contains the words “Corporate Seal” in the center circle, and has a small star in the center of the seal. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.02.020.]
1.10.030 Form of government.
Syracuse City shall be governed by a six-member council form of government according to Section 10-3b-105, Utah Code Annotated 1953, as amended. The Governing Body shall consist of six members, of which one is the Mayor, and five Council Members. The Mayor shall vote only in the case of a tie or in the appointment or dismissal of a City Administrator. [Ord. 11-03 § 1 (Exh. A); Ord. 09-11 § 2; Ord. 06-24 § 1; Code 1971 § 1.02.030.]
1.10.040 Definitions.
In the construction of this Syracuse Municipal Code and all ordinances amendatory thereof, the following words and terms shall have the meaning herein ascribed to them, unless such definition or construction would be inconsistent with the manifest intent of the City Council or contrary to the context of the ordinance:
“Agent” as used in this Syracuse Municipal Code shall mean a person acting on behalf of another.
“City” shall mean Syracuse City.
“City Council” shall mean the elected or appointed City Council members, collectively, excluding the Mayor.
“Governing Body” shall mean the Mayor and five members of the City Council, collectively.
“Highway” shall include all roads, alleys, lanes, streets, courts, places, trails, and bridges laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in actions for the partition of real property.
“Knowingly” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Syracuse Municipal Code. It does not require any knowledge of the unlawfulness of such an act or omission.
“License” shall mean the permission granted for the carrying on of a business, profession, or occupation.
“Malice,” as well as “maliciously,” imports a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or by presumption of law.
“Misdemeanor” shall mean any offense in violation of the provisions of this Syracuse Municipal Code. It is a lesser offense than a felony as defined by state law.
“Municipality,” unless otherwise indicated, shall mean Syracuse City.
“Negligent,” as well as “neglect,” “negligence,” and “negligently,” imports a want of such attention to the nature or probable consequences of the act or omission as a prudent person ordinarily bestows in acting in his/her own concern.
“Oath” shall include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
“Occupant,” applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.
“Offense” shall mean any act forbidden by any provision of this Syracuse Municipal Code or the omission of any act required by the provisions of this Syracuse Municipal Code.
Officers, Etc. Officers, departments, commissions, boards, councils, and employees when referred to in this Syracuse Municipal Code shall mean officers, departments, commissions, boards, councils, and employees of Syracuse City, unless the context clearly indicates otherwise.
“Operator” shall mean the person who is in charge of any operation, business, or profession.
“Owner,” applied to a building or land, shall include any part-owner, joint owners, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
“Person” shall include any firm, corporation, association, partnership, or any other form of association or organization.
“Property” shall include both real and personal property.
“Retailer,” unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
“Street” shall include all roads, alleys, lanes, highways, courts, places, squares, trails, bridges, and sidewalks laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in action for the participation of real property.
“Wholesaler” and “wholesale dealer” as used in this Syracuse Municipal Code, unless otherwise specifically defined, 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.
“Willfully,” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire an advantage. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.02.040.]
1.10.050 Rules of construction.
(A) In the construction of this Syracuse Municipal Code and all ordinances amendatory thereof, the following rules shall apply except where such construction would be inconsistent with the manifest intent of the City Council or contrary to the context of the ordinance.
(1) Gender. When any subject matter, party, or person is described or referred to by words importing the masculine, the feminine as well as the masculine, and associations and bodies as well as individuals, shall be deemed to be included.
(2) Number. The singular number shall include the plural and the plural the singular.
(3) Shall. The word “shall” in this Syracuse Municipal Code is mandatory and not merely a suggestion.
(4) Tense. The present tense shall include the future tense and the future tense shall include the present tense.
(5) Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last is a holiday or a Sunday, and then it is also included. Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next succeeding business day with the same effect as if it had been performed upon the day appointed.
(B) In all cases where any ordinance shall require any act 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. [Ord. 11-03 § 1 (Exh. A); Code 1971 § 1.02.050.]