Chapter 1.04
GENERAL CODE PROVISIONS
Sections:
1.04.030 Interpretation of language.
1.04.040 Grammatical interpretation.
1.04.060 Prohibited acts include causing and permitting.
1.04.090 Repeal shall not revive any ordinances.
1.04.010 Definitions.
The following words and phrases, whenever used in the ordinances of the City and Borough of Wrangell, Alaska, shall be constructed 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 directly to the use of such words or phrases:
1. “Agent” means a person acting on behalf of another.
2. “Assembly” means the borough assembly of the City and Borough of Wrangell. “All its members” or “all assembly members” means the total number of assembly members holding office.
3. “Borough” means the City and Borough of Wrangell, Alaska, or the area within the territorial limits of the City and Borough of Wrangell, Alaska, and such territory outside of the borough over which the borough has jurisdiction or control by virtue of any constitutional or statutory provision.
4. “Code” unless otherwise specifically stated, means the Wrangell Municipal Code.
5. Employees. Whenever reference is made in this code to a borough employee by title only, this shall be construed as though followed by the words “of the City and Borough of Wrangell.”
6. “Fee” means a sum of money charged by the borough for the carrying on of a business, profession or occupation.
7. “Knowingly” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.
8. “Law” denotes applicable federal law, the Constitution and statutes of the State of Alaska, the ordinances of the City and Borough of Wrangell, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
9. “License” means the permission granted for the carrying on of a business, profession or occupation.
10. “May” is permissive.
11. “Misdemeanor” means any offense deemed a violation of the provisions of this code which is a lesser offense than a felony as defined by state law.
12. “Month” means a 30-day period.
13. “Must” and “shall” are each mandatory.
14. “Oath” includes an affirmation or declaration 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.”
15. “Occupant,” applied to a building or land, includes any person who occupies the whole or any part of such building or land whether alone or with others.
16. “Offense” means any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
17. Officers. Whenever reference is made in this code to a borough officer by title only, this shall be construed as though followed by the words “of the City and Borough of Wrangell.”
18. “Operator” means the person who is in charge of any operation, business or profession.
19. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land.
20. “Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
21. “Personal property” includes money, goods, chattels, things in action and evidence of debt.
22. “Preceding” and “following” mean next before and next after, respectively.
23. “Property” includes real and personal property.
24. “Real property” includes land, tenements and hereditaments.
25. “Retailer,” unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.
26. “Sidewalk” means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
27. “State” means the State of Alaska.
28. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this borough which have been or may hereafter be dedicated, accepted by the borough, and open to public use, or such other public property so designated in any law of this state.
29. “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.
30. “Wholesaler” and “wholesale dealer,” 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.
31. “Wilfully,” 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.
32. “Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.
33. “Year” means a calendar year. [Ord. 232 § 5, 1969; prior code § 1.10.040.]
1.04.020 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 City and Borough of Wrangell.
1.04.030 Interpretation of language.
All words and phrases shall be construed 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.
1.04.040 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the City and Borough of Wrangell, unless it is apparent from the context that a different construction is intended:
A. Gender. Each 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.
1.04.050 Acts by agents.
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 to include all such acts performed by an authorized agent.
1.04.060 Prohibited acts include causing and permitting.
Whenever in the ordinances of the City and Borough of Wrangell 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.
1.04.070 Computation of time.
Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is a Saturday, a Sunday or a holiday, in which case it shall also be excluded.
1.04.080 Construction.
The provisions of the ordinances of the City and Borough of Wrangell, and all proceedings under them are to be construed with a view to effect their objects and to promote justice.
1.04.090 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby.