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HomeMy WebLinkAboutTown Code Chapter 01-2002 CHAPTER 1 GENERAL Article 1-1 HOW CODE DESIGNATED AND CITED The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the Town of Marana, Arizona," and may be so cited. Such code may also be cited as the "Marana Town Code." [adopted by Ord. No. 95.31] Article 1-2 CONSTRUCTION OF ORDINANCES The rules and the definitions set forth in this chapter shall be observed in the construction of this code and the ordinances of the town unless such construction would be inconsistent with either the manifest intent of the council, the context of this code or the ordinances of the town. [adopted by Ord. No. 95.31] Article 1-3 DEFINITIONS Section 1-3-1 General Rule Regarding Definitions All words and phrases shall be construed and understood according to the common and approved use of the 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. [adopted by Ord. No. 95.31] Section 1-3-2 Definitions A. Acts by Aqents. When an act is required to be done which may by law as well be done by an agent as by the principal, such requirements shall be construed to include ail such acts when done by an authorized agent. B. Code. When the word "code" is used, it shall mean the Town Code of the Town of Marana, Arizona unless the context indicates otherwise. C. Council. When the word "council" is used, it shall mean the Town Council of the Town of Marana. D. County. When the word ~county" is used, it shall mean Pima County, Arizona unless the context clearly indicates otherwise. E. Day. "Day" is the period of time between any midnight and the midnight following. F. Daytime; Niqhttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sundse. Marana Town Code 1 -1 G. Department; Board; Commission; Office; Officer; Employee. Whenever any "department, board, commission, office, officer or employee" is referred to, it shall mean a department, board, commission, office, officer or employee of the Town of Marana unless the context requires otherwise. H. Gender; Sinqular and Plural. Words of the masculine gender include the feminine, words in the singular include the plural and words in the plural include the singular. I. Joint Authority. All words purporting to give a joint authority to three or more town officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority. J. Mayor. "Mayor" means the mayor of the Town of Marana unless otherwise specifically designated. K. Month. "Month" means a calendar month. L. Oath. "Oath" includes 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". M Owner. The word "owner" applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of part of such building or land. N. Person. The word "person" includes a corporation, company, partnership, association or society as well as a natural person. O. Personal Property. The term "personal property" includes every species of property, except real property as defined in this section. P. Precedinq; Followinq. The words "preceding" and "following" mean next before and next after, respectively. Q. Preoertv. The term "property" includes lands, tenements and hereditament and personal property. R. Real Property. The term "real property" includes lands, tenements and hereditament. S. Shall; May. "Shall" is mandatory and "may" is permissive. T. Shall Have Been. The words "shall have been" include past and present and future cases. U. Siqnature or SubscriDtion by Mark. "Signature" or Usubscription" includes a or subscriber cannot write, such signer's or mark when the signer subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name, but a signature or subscription by mark can be acknowledged or can serve as a signature or Marana Town Code 1-2 subscription to a sworn statement only when two witnesses so sign their own names thereto. ¥. Tenses. The present tense includes the past and future tenses, and the future includes the present. W. Time: Corn utation. The time within which an act is to be done as provided in this code or in any order issued pursuant to any ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Saturday, Sunday or holiday it shall be excluded, and when such time is expressed in hours, the whole of Saturday, Sunday or a holiday, from midnight to midnight, shall be excluded. X. Time: Reasonable. In all cases where any section of this code 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. Y. Town. When the word "town" is used, it shall mean the Town of Marana, Pima County, Adzona, except as otherwise provided. The words "in the town" or "within the town" shall mean and include all territory over which the town has jurisdiction for the exercise of its police powers or other regulatory powers as authorized by statute. Z. Week. A week consists of seven consecutive days. AA. Writing. The term "writing" means any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in wdting in the English language unless expressly provided otherwise. BB. Year. "Year" means a calendar year unless otherwise provided. [adopted by Ord, No. 95.31] Article 1-4 REFERENCE TO CODE; CONFLICTING PROVISIONS Section 1-4-1 Additional Rules of Construction In addition to the rules of construction specified in Article 1-2 and Article 1-3, the rules set forth in this article shall be observed in the construction of this code. [adopted by Ord. No. 95.31] Section 1-4-2 References to this Code All references to chapters, articles or sections are to the chapters, articles and sections of this code unless otherwise specified. [adopted by Ord. No. 95.31] Section 1-4-3 Conflicting Provisions--Different Chapters If the provisions of different chapters of this code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter. [adopted by Ord. No. 95.31] Section 1-4-4 Conflicting Provisions--Same Chapter If conflicting provisions are found in different sections of the same chapter, the provisions of the section which is last in numerical order shall prevail unless such construction is inconsistent with the meaning of such chapter. [adopted by Ord. No. 95.31] Article 1-5 SECTION HEADINGS Headings of the several sections of this code are intended as a convenience to indicate the contents of the section and do not constitute part of the law. [adopted by Ord. No. 95.31] Article 1-6 EFFECT OF REPEAL When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. [adopted by Ord. No. 95.31] Article 1-7 SEVERABILITY OF PARTS OF THE CODE It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this code shall be severable, and if any provision of this code is held unconstitutional for any reason by a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of the code. [adopted by Ord. No. 95.31] Article 1-8 PENALTY Section 1-8-t General Violations Except as otherwise provided in this code, any person found guilty of violating any provision of this code shall be guilty of a class one misdemeanor. Each day that a Marana Town Code 1-4 violation continues shall be a separate offense punishable as hereinabove described. [adopted by Ord. No. 95.31] Section 1-8o2 Traffic Violations Any violation of or failure or refusal to do or perform any act required by Chapter 12 of this code or Title 28, Arizona Revised Statutes constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of Title 28, Chapter 6, Articles 20 and 21, Adzona Revised Statutes and amendments thereto. [adopted by Ord. No. 95.31] Marana Town Code 1-5