Chapter 1.01
GENERAL PROVISIONS

Sections:

1.01.010    Designation of code.

1.01.020    Definitions and terms.

1.01.030    Purpose and rules of construction.

1.01.040    Severability.

1.01.050    Effect of repeal of ordinances.

1.01.060    Catchlines of sections and other headings.

1.01.070    General penalty—Continuing violations.

1.01.010 Designation of code.

The ordinances embraced in this code, together with all amendments subsequently enacted by the city council, shall constitute and are designated as the “Midvale City Municipal Code” and may be so cited by reference to the appropriate section of this code. (Ord. 10/02/2007O-14 § 1 (Exh. A)(1.01), 2007)

1.01.020 Definitions and terms.

In the construction of the ordinances of the municipality, the rules and definitions of this chapter shall be observed and applied unless such construction would be inconsistent with the manifest intent of this code of ordinances.

“Business” includes any trade, profession, calling, activity, operation, or enterprise for which a license is required by any ordinance of the municipality.

“City” means the municipal corporation known as Midvale, Utah.

“City council” or “council” shall mean, collectively, the mayor and city council of Midvale City, Utah.

“Code” means the Midvale Municipal Code comprised of titles, containing ordinances and amendments as enacted by the city council.

Computation of Time. The time in which any act provided by this code is to be done is computed by excluding the first day and including the last unless the last is a holiday, and then it also is excluded.

“County” means the political subdivision of the state known as Salt Lake County.

Gender. Words used in one gender comprehend the other.

“Law” means any formal rule of expected standards of conduct or procedure, enacted by a properly constituted administrative agency or executive, legislative body, or judicial tribunal.

Location. Whenever any act, conduct, or offense is prohibited or required and no reference is made to location, unless the context specifically indicates otherwise, the act, conduct, or offense prohibited or required shall be within the boundaries of the municipality.

“May” indicates that a permissive, discretionary exercise of thought or action is permitted.

Numbers. The singular number includes the plural, and the plural the singular.

Officers, Departments, Etc. References to officers, departments, board, commissions, or employees are to officers, departments, boards, commissions, and employees of Midvale City, Utah.

“Person” includes individuals, bodies politic and corporate, partnerships, associations, and companies.

“Shall” indicates that a mandatory performance of the duty or obligation is required.

“State” means the state of Utah.

Tenses. Words used in the present tense include the future.

“Utah Code Annotated” means the Utah Code Annotated, as amended.

“Week” shall be construed to mean any seven-day period.

When terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. (Ord. 10/02/2007O-14 § 1 (Exh. A)(1.02), 2007)

    State law reference(s)—Similar provisions, §§ 68-3-7 and 68-3-12(2)(o) of the Utah Code Annotated.

1.01.030 Purpose and rules of construction.

This code is enacted for the purpose of carrying into effect and discharging all powers and duties conferred by law upon the city and its officers, employees and inhabitants, and to provide for the safety, preserve the health, promote the prosperity, improve the morals, peace, good order, comfort and convenience of the city and its inhabitants, and to protect property in the city. By enacting this code, the city council intends to exercise all authority granted to it by law. This code shall be construed to effect that purpose. (Ord. 10/02/2007O-14 § 1 (Exh. A)(1.03), 2007)

1.01.040 Severability.

It is the intention of the city council that the titles, chapters, parts, sections, paragraphs, sentences, clauses, and phrases of this code are severable. If any phrase, clause, sentence, paragraph, section, part, chapter, or title of this code shall be declared unconstitutional or invalid for any reason by the valid judgment or decree of any court of competent jurisdiction, the validity of the remaining part of this code shall not be affected. The council declares that it would have adopted each part of this code irrespective of the validity of any other part. (Ord. 10/02/2007O-14 § 1 (Exh. A)(1.04), 2007)

1.01.050 Effect of repeal of ordinances.

A.    Unless specifically provided otherwise, the repeal of an ordinance does not revive any repealed ordinances.

B.    The repeal or amendment of an ordinance does not affect any punishment or penalty incurred before the repeal took effect; nor does such repeal or amendment affect any suit, prosecution, or proceeding pending at the time of the amendment or repeal. (Ord. 10/02/2007O-14 § 1 (Exh. A)(1.05), 2007)

1.01.060 Catchlines of sections and other headings.

The catchlines of the several subsections and sections, and the headings of titles, chapters and articles of this code are intended as mere catchwords to indicate the contents of the subsection, section, title, chapter or article and shall not be deemed or taken to be substantive portions of such subsections, sections, titles, chapters or articles, nor, unless expressly so provided, shall they be so deemed when any of such subsections, sections, titles, chapters or articles, including the catchlines or other headings, are amended or reenacted. (Ord. 10/02/2007O-14 § 1 (Exh. A)(1.06), 2007)

1.01.070 General penalty—Continuing violations.

Offenses under this code or any other ordinance of the city shall be classified as either Class B misdemeanors, Class C misdemeanors, or as infractions, with such punishments and other provisions as set forth in this code.

Whenever, in this code or in any other ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this code or any other ordinance of the city shall be punished as a Class B misdemeanor.

Every day any violation of this code or any other ordinance of the city shall constitute a separate offense. (Ord. 10/02/2007O-14 § 1 (Exh. A)(1.07), 2007)