Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Definitions--Construction.
1.04.020 Grammatical interpretation.
1.04.030 Prohibited acts include causing and permitting.
1.04.050 Repeal shall not revive any ordinances.
1.04.060 Dealing with administrative service.
1.04.010 Definitions--Construction.
A. The following words and phrases, whenever used in the ordinances of the Bristol Bay Borough, Alaska, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
1. "Assembly" means the Bristol Bay Borough assembly, consisting of five members.
a. "All its members" or "all assemblymen" means the total number of assemblymen provided by the general laws of the state of Alaska.
b. A quorum consists of three assembly members.
2. "Borough" means the borough of Bristol Bay, Alaska, all of the area within the territorial limits of the borough of Bristol Bay, Alaska, including such territory inside the cities over which the borough has jurisdiction or control by virtue of any constitutional or statutory provision.
3. "Borough manager" means the manager of the borough of Bristol Bay, Alaska.
4. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; if the last day is Sunday or a legal holiday, that day shall also be excluded.
5. "Law" denotes applicable federal law, the Constitution and statutes of the state of Alaska, the ordinances of the Bristol Bay Borough and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
6. "May" is permissive.
7. "Month" means a calendar month.
8. "Must" and "Shall." Each is mandatory.
9. "Oath" shall be construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath. In such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
10. "Ordinance" means a law of Bristol Bay Borough; provided, that a temporary or special law, administrative action, order or directive may be in the form of a resolution.
11. "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.
12. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, or organization, or the manager, lessee, agent, servant, officer, or employee of any of them.
13. "Personal property" includes money, goods, chattels, things in action, and evidences of debt.
14. "Preceding" and "following" mean next before and next after, respectively.
15. "Property" includes real and personal property.
16. "Real property" includes lands, tenements and hereditaments.
17. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
18. "State" means the state of Alaska.
19. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the Bristol Bay Borough which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
20. "Tenant" and "occupant," applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others.
21. Title of Office. Use of the title of any officer, employee, department, board, or commission means that officer, employee, department, board, or commission of the Bristol Bay Borough.
22. "Written" includes printed, typewritten, mimeographed, or multigraphed.
23. "Year" means a calendar year.
B. All words and phrases shall be construed and understood according to the common and approved usage 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.
C. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent. (Ord. 2013-06 §1 (part), 2013: Ord. 76-15 §1, 1976).
1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the borough:
A. Gender. Designation in the form of any gender includes the masculine, feminine, and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable.
D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 2013-06 §1 (part), 2013: Ord. 76-15 §2, 1976).
1.04.030 Prohibited acts include causing and permitting.
Whenever, in the ordinances of the borough, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 2013-06 §1 (part), 2013: Ord. 76-15 §3, 1976).
1.04.040 Construction.
The provisions of the ordinances of the borough, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 2013-06 §1 (part), 2013: Ord. 76-15 §4, 1976).
1.04.050 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 2013-06 §1 (part), 2013: Ord. 76-15 §5, 1976).
1.04.060 Dealing with administrative service.
Except for the purposes of inquiry, the Bristol Bay Borough assembly and the mayor or other official of the Bristol Bay Borough shall deal with the administrative service solely through the Bristol Bay Borough manager, and neither the Bristol Bay Borough assembly, nor any of its members, nor the mayor, nor any other Bristol Bay Borough official shall give orders to any subordinate of the Bristol Bay Borough manager, either publicly or privately. Neither the Bristol Bay Borough assembly, nor any of its members, nor the mayor shall dictate the appointment of any person to office or employment by the Bristol Bay Borough manager, except as permitted by state law or by an ordinance of the Bristol Bay Borough, nor shall they interfere in any manner with the Bristol Bay Borough manager or prevent the Bristol Bay Borough manager from exercising his/her own judgment in the selection of officers and employees in the administrative service. (Ord. 2013-06 §1 (part), 2013).