Chapter 1.05
GENERAL PROVISIONS
Sections:
1.05.010 How code designated and cited.
1.05.020 Construction and ordinances.
1.05.040 Reference to chapters, articles or sections – Conflicting provisions.
1.05.070 Severability of parts of code.
1.05.080 Repeal of existing ordinances.
1.05.090 Effective date of code.
1.05.010 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 Huachuca City, Arizona,” and may be so cited. Such code may also be cited as the “Huachuca City Code.” (Prior code § 1-1)
1.05.020 Construction and ordinances.
The rules and the definitions set forth in this title 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 or the context of this code or the ordinances of the town. (Prior code § 1-2)
1.05.030 Definitions*.
General Rule Regarding Definitions. 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.
Acts by Agents. When an ordinance requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.
Clerk. Whenever the word “clerk” is used, it shall be construed to mean the clerk of the town of Huachuca City, Arizona.
Code. The words “the code” or “this code” shall mean “the code of the town of Huachuca City, Arizona,” unless the context indicates otherwise.
Council. Whenever the word “council” is used, it shall be construed to mean the common council of the town of Huachuca City, Arizona.
“Day” means the period of time between any midnight and the midnight following.
Daytime, Nighttime. “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
Department, Board, Commission, Office, Officer or 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 unless the context clearly indicates otherwise.
Gender – Singular and Plural. Words of the masculine gender include the feminine, words in the singular number include the plural and words in the plural number include the singular.
The words “in the town” or “within the town” shall mean and include all territory over which the town now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
Joint Authority. All words purporting to give a “joint authority” to three or more 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.
The word “month” shall mean a calendar month.
“Oath” includes affirmation or declaration.
Or, And. “Or” may be read “and” and “and” may be read “or,” if the sense requires it.
Person. The word “person” shall extend and be applied to firms, corporations or voluntary associations, as well as to individuals, unless plainly inapplicable.
“Personal property” includes every species of property, except real property, as defined in this section.
Preceding, Following. The words “preceding” and “following” mean next before and next after, respectively.
“Property” shall include real and personal property.
“Real property” shall include lands, tenements and hereditaments.
Shall, May. “Shall” is mandatory and “may” is permissive.
The words “shall have been” include past and future cases.
Signature or Subscription by Mark. “Signature” or “subscription” includes a mark when the signer cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his 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 of subscription to a sworn statement only when two witnesses so sign their own names thereto.
State. The words “the state” shall be construed to mean the state of Arizona.
Tenant or Occupant. The word “tenant” or “occupant” applied to a building or land shall include any person holding a written or oral lease or who occupies the whole or part of such building or land, either alone or with others.
Tenses. The present tense includes the past and future tenses, and the future includes the present.
Time – Computation. 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 Sunday or holiday, it shall be excluded; and when such time is expressed in hours, the whole of Sunday or a holiday, from midnight to midnight, shall be excluded.
Time – Reasonable. In all cases where any section of this code requires 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.
Town. Whenever the word “town” is used, it shall be construed to mean the town of Huachuca City, Arizona.
Town Right-of-Way. Term used to describe real property owned and controlled by the town and generally for streets, roadways, sidewalks, alleys, and public uses appurtenant thereto.
Town Easement. Term used to describe, generally, the legal rights of the town to use the real property of another person or entity for a specific town purpose.
A “week” consists of seven consecutive days.
“Writing” includes 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 writing in the English language unless it is expressly provided otherwise.
The word “year” shall mean a calendar year, except where otherwise provided. (Ord. 13-10 § 1, 2014; prior code § 1-3)
* State law reference: For definitions and construction of statutes generally, see ARS Sections 1-211 to 1-215.
1.05.040 Reference to chapters, articles or sections – Conflicting provisions.
A. Additional Rules of Construction. In addition to the rules of construction specified in Sections 1.05.020 and 1.05.030, the rules set forth in this section shall be observed in the construction of this code.
B. References to this Code. All references to titles, chapters, articles or sections are to the titles, chapters, articles and sections of this code unless otherwise specified.
C. 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.
D. 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. (Prior code § 1-4)
1.05.050 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. (Prior code § 1-5)
1.05.060 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. (Prior code § 1-6)
1.05.070 Severability of parts of 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. 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. (Prior code § 1-7)
1.05.080 Repeal of existing ordinances.
A. Effective Date of Repeal. All ordinances of the town of Huachuca City except those specifically exempted in this section, now in force and effect, are hereby repealed effective at 12:00 p.m., January 19, 1984, but all rights, duties and obligations created by said ordinances shall continue and exist in all respects as if this code had not been adopted and enacted.
B. Ordinances Exempt from Repeal. The adoption and enactment of this code shall not be construed to repeal or in any way to affect or modify:
1. Any special ordinance or ordinances regarding franchises, annexations, dedications or zoning.
2. Any ordinance making an appropriation.
3. Any ordinance affecting any bond issue or by which any bond issue may have been authorized.
4. The running of the statute of limitations in force at the time this code becomes effective.
5. The continued existence and operation of any department, agency, commission or office heretofore legally established or held.
6. Any bond of any public officer.
7. Any taxes, fees, assessments or other charges incurred or imposed.
8. Any ordinance authorizing, ratifying, confirming, approving or accepting any compact or contract with any other municipality, the state of Arizona or any county or subdivision thereof, or with the United States or any agency or instrumentality thereof. (Prior code § 1-9)
1.05.090 Effective date of code.
Each and every section of this code as herein contained and hereby enacted shall take effect and be in force on and after 12:00 p.m., January 19, 1984, except that where a later effective date is provided it shall prevail. (Prior code § 1-10)
1.05.100 Town seal.
The mayor and town council declare that the attached design is adopted as the official town seal.
(Ord. 15-06 § 1, 2015; Res. 07-11, 2007)
1.05.110 Penalty.
A. Except as otherwise specifically provided in this code, any person found guilty of violating any provision of this code, and except as provided in subsection B of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described.
B. Any violation of or failure or refusal to do or perform any act required by Chapters 10.10 and 10.15 constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of Title 28, Chapter 5, Article 4, Arizona Revised Statutes and amendments thereto.
C. A $25.00 fee will be charged for checks returned for insufficient funds, stopped payments or checks written on closed accounts.
D. Incarceration Fee.
1. Any person convicted of a criminal violation in the municipal court of the town of Huachuca City shall be assessed an incarceration fee for each day that person is incarcerated for that violation whether before or after trial. Said incarceration fee shall be in addition to any other fine, fee, or assessment required by law.
2. The incarceration fee shall be based upon the daily rate assessed to the town of Huachuca City by the county of Cochise for the incarceration of that person. In no event shall the incarceration fee exceed the actual total amount assessed to the town of Huachuca City by the county of Cochise for the incarceration of that person.
E. When a magistrate of the municipal court issues a warrant for failure to pay a fine, failure to pay restitution, or failure to pay the jail service recovery fee, an administrative fee in the amount of $100.00 shall be imposed upon the person for whom the arrest warrant was issued. This fee shall be added to the amount set forth in the arrest warrant.
F. The municipal court shall assess the defendant a default fee of $35.00 for each default judgment entered in a civil traffic violation case upon a failure to appear, or failure to pay a civil sanction, unless such default judgment is set aside under Rule 28 of the Procedure in Civil Traffic Violation Cases. Any person found guilty of violating any provision of the code, including this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment for a period of not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. (Ord. 18-24 § 1, 2018; Ord. 15-02 § 2, 2015; Ord. 05-002, 2005; Ord. 01-015 § 2, 2001; Ord. 00-008, 2000; Ord. 00-007, 2000; Ord. 00-006, 2000; Ord. 98-007, 1998; prior code § 1-8)