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HomeMy WebLinkAbout103 Interpretation and DefinitionsSECTION 103 INTERPRETATION & DEFINITIONS SUBSECTIONS: 103.100: INTERPRETATION 103.200: DEFINITIONS 103.100: INTERPRETATION: (1) Generally. Unless otherwise provided herein, or required by law or implication, the same rules of construction, definition, and application shall govern the interpretation of this Code as those governing the interpretation of state law. (2) Specific rules of interpretation. The construction of this Code and all ordinances of this City shall be by the following rules, unless that construction is plainly repugnant to the intent of the legislative body or to the context of the Code or ordinance: ➢ AND or OR. Either conjunction shall include the other as if written “and/or”, whenever the context requires. ➢ Gender. A word importing the masculine gender only shall extend and be applied to females, and vice versa, and both shall apply to firms, partnerships, associations and corporations. ➢ Singular and Plural. Any word importing the singular shall include the plural, and any word importing the plural shall include the singular. ➢ Shall; May. The word "shall" is mandatory, and the word "may" is discretionary. ➢ Tense. Words used in the past or present tense shall include the future as well as the past or present. ➢ General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. ➢ Common Usage. All words and phrases shall be construed and understood according to the common and approved usage of 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. ➢ Headings. Headings and captions used in this Code other than the chapter, subchapter, part, section, and subsection numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. ➢ Restrictive. Where the rules of this Code are in conflict, the more restrictive regulation shall apply. ➢ Official Time. Whenever certain hours are named in this Code they shall mean standard time or daylight savings time as may be in current use in the City. ➢ Reasonable Time. In all cases where this Code requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice is deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice. ➢ Computation of time. The time within which an act is to be done, as herein provided, is computed by excluding the first day and including the last. If the last day is a legal holiday or a Sunday, it shall be excluded. ➢ Reference to Officers. Reference to a public employee, office or officer shall be deemed to apply to the office, officer, or employee of the City exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. ➢ Delegation of Authority. Whenever a provision appears in this Code requiring an officer of the City to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section expressly designates otherwise. 103.200: DEFINITIONS, GENERAL: Whenever the following words or terms are used in this Code, whether or not capitalized, they shall have such meanings herein ascribed to them, unless the context makes such meaning repugnant thereto: City, Municipal Corporation or Municipality: The City of Prior Lake, County of Scott, State of Minnesota. City Code or Code: All ordinances of a permanent and general nature of the City, as revised, codified, rearranged, renumbered, and consolidated into component codes, chapters, subchapters, parts, sections, and subsections. City Council or Council: The governing body of the City. City Manager: The person duly appointed by the City Council and acting in such capacity. Conviction: Is defined as set forth in Minn. Stat. Section 609.02, Subd. 5. County: The County of Scott, Minnesota. Crime: Conduct which is prohibited by State statute or this Code and for which the actor may be sentenced to imprisonment, with or without a fine. Felony: Is defined as set forth in Minn. Stat. Section 609.02, Subd. 2. Gross Misdemeanor: Is defined as set forth in Minn. Stat. Section 609.02, Subd. 4. Misdemeanor: Is defined as set forth in Minn. Stat. Section 609.02, Subd. 3. 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 or Tenant: As 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 or Violation: A failure to comply with this Code, any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code. Operator: The person who is in charge of any operation, business or profession. Owner: Includes any owner, 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 as a unit, or a natural person. Personal Property: Includes 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 or interest therein except for real property. Petty Misdemeanor: is defined as set forth in Minn. Stat. Section 609.02, Subd. 4a. Police Officer, Public Safety Officer, or Peace Officer: Every officer, including special police, authorized to direct or regulate traffic, keep the peace, or appointed or employed for the purpose of law enforcement. Real Property. Includes lands, buildings and appurtenances. Retailer: Relates to the sale of goods, merchandise, articles or things in small quantities direct to the consumer. State: The State of Minnesota. Street: Alleys, lanes, courts, boulevard, public ways, public squares, public places and sidewalks. Wholesaler or Wholesale Dealer: Relates to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale. Written, In Writing: Printing or any other mode of representing words and letters. (Ord. Amd. 119-09, publ. 11/09/2019)