Chapter 1.04


1.04.010    How Code Designated and Cited

1.04.020    Definitions and Rules of Construction

1.04.030    Headings of Sections

1.04.040    Effect of Repealing Ordinances

1.04.050    Severability of Parts of Code

1.04.060    Conflict of Laws

1.04.070    Jurisdiction over Areas Owned or Leased by City

1.04.010 How Code Designated and Cited

The ordinances embraced in the following chapters and sections shall constitute and be designated as the "Winslow Municipal Code" and may be so cited, and may also be cited as the "Winslow Code." (Ord. 1224 (part), 2014: prior code § 1-1)

1.04.020 Definitions and Rules of Construction

In the construction of this code and other ordinances of the City, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the code provision or the ordinance or the context clearly requires otherwise:

General Rule. 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 act is required 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.

And, Or. "And" may be read "or" and "or" may be read "and" if the sense requires it.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

"City" means the City of Winslow, in the county of Navajo and State of Arizona, except as otherwise provided. The words "in the City" or "within the City" mean and include all territory over which the City has jurisdiction for the exercise of its police powers or other regulatory powers as authorized by the laws of the State.

"City Council" or "Council" means the City Council of the City of Winslow, Arizona.

"Code" or "this code" or "code of ordinances" means the Winslow Municipal Code.

"County" means Navajo County, Arizona.

Department, Board, Commission, Office, Officer or Employee. Whenever any department, board, commission, office, officer or employee is referred to, it means a department, board, commission, office, officer or employee of the City of Winslow, unless the context clearly indicates otherwise; and the prescribing of any duty or power of an officer by title shall include his duly authorized representatives.

Gender. Words importing the masculine gender include the feminine and neuter.

Joint Authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers, unless it is otherwise expressly declared in the law giving the authority.

"Keeper" or "proprietor" includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.

Misdemeanor. A misdemeanor shall be punished as defined by State statute for the relevant class of misdemeanor.

"Month" means a calendar month.

Number. Words used in the singular include the plural and the plural includes the singular.

Oath. The word "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."

Owner. The word "owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant, or lessee, of the whole or of part of such building or land.

"Person" includes a corporation, company, partnership, association or society as well as a natural person.

"Personal property" means every species of property, except real property, as defined in this section.

"Preceding" and "following" means next before and next after, respectively.

"Property" includes lands, tenements and hereditaments and personal property.

"Public place" means any thoroughfare, park, open space and building not privately owned or controlled.

"Real property" is coextensive with lands, tenements and hereditaments, including improvements thereon.

Shall, May. "Shall" is mandatory and "may" is permissive.

"Sidewalk" means any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians.

Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by the 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 or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.

"State" means the State of Arizona.

"Street" includes any alley, lane, court, boulevard, public way, public square, public place outside of a building, and sidewalk.

Tenant or Occupant. The word "tenant" or "occupant" applied to a building or land, includes any person holding a written or an oral lease of 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 any ordinance 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 legal holiday, it shall be excluded; and when such time is expressed in hours, the whole of Sunday or the legal holiday, from midnight to midnight, shall be excluded.

Time, Reasonable. In all cases where any ordinance 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.

Week. A "week" consists of seven (7) 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 expressly provided otherwise.

Year. The word "year" means a calendar year, except where otherwise provided. (Ord. 1224 (part), 2014: Ord. 734 (part), 1997; prior code § 1-2)

1.04.030 Headings of Sections

The headings of the several sections of this code printed in boldface type are intended as mere descriptions to indicate the contents of the sections and shall not be used to determine the intent or meaning of the sections. (Ord. 1224 (part), 2014: Ord. 734 (part), 1997: prior code § 1-3)

1.04.040 Effect of Repealing Ordinances

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

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 an offense committed under the ordinance repealed. (Ord. 1224 (part), 2014: prior code § 1-4)

1.04.050 Severability of Parts of Code

It is declared to be the intention of the City that the sections, paragraphs, sentences, clauses and words of this code are severable, and if any word, clause, sentence, paragraph or section of this code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the City Council without the incorporation in this code of any such unconstitutional, invalid or unenforceable word, clause, sentence, paragraph or section. (Ord. 1224 (part), 2014: prior code § 1-5)

1.04.060 Conflict of Laws

A.    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 of and questions growing out of the subject matter of such chapter.

B.    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 be inconsistent with the meaning of such chapter. (Ord. 1224 (part), 2014: prior code § 1-6)

1.04.070 Jurisdiction over Areas Owned or Leased by City

All ordinances of the City shall apply within land lying outside of the City limits that is owned or leased by the City, and any violation of an ordinance of the City occurring within the territorial limits of such land may be punished by the City to the same extent and with like effect as if the violation occurred within the corporate limits; provided, however, that this section shall not apply unless the council authorizes or ratifies by motion the erection, at any point at which a public road enters such land, of a sign, not less than eighteen (18) inches by three (3) feet in size, containing a warning notice in bold letters that the area being entered is subject to the jurisdiction of the City. (Ord. 1224 (part), 2014: prior code § 1-7)