Chapter 1.05
GENERAL PROVISIONS

Sections:

1.05.010    Name of code.

1.05.020    Repeal of existing ordinances.

1.05.030    Effect of repealing ordinances.

1.05.040    Definitions and rules of construction.

1.05.050    Captions.

1.05.060    Severability.

1.05.070    Numbering of ordinances.

1.05.080    Statutes or codes included and excluded.

1.05.010 Name of code.

The ordinances contained in this code and all ordinances of a general nature hereafter adopted and inserted herein and all amendments, additions, and changes thereto shall be part of this code and shall be known and cited as the “Revised Ordinances of Naples City.” [Ord. 87-34 § 1-01-001, 1987.]

1.05.020 Repeal of existing ordinances.

(1) So far as the provisions of these revised ordinances are the same as those of previously existing ordinances, they shall be construed as continuations thereof. All ordinances and resolutions of this municipality heretofore in force, except such as are of private, local, or temporary nature, including franchises, grants, dedications, bond issues, elections, and special levies for local assessments, hereby are repealed except as otherwise provided in subsection (2) of this section.

(2) Those ordinances of this municipality which are of a general nature which are not repealed and which the recorder/clerk is hereby authorized and directed to insert in the appropriate place in this code and which shall be deemed part of this code are:

(a) The Sales and Use Tax Ordinance, No. 82-1, as amended.

(b) Zoning Ordinance, No. 82-5, as amended.

(c) Building Permit Fees, No. 84-25, as amended.

(d) Compensation of Appointed Officials, No. 84-26, as amended.

(3) The fees or charges established by the ordinances repealed by this code shall remain in effect until the ordinance codified in this section becomes effective. [Ord. 87-34 § 1-01-002, 1987.]

1.05.030 Effect of repealing ordinances.

The repeal of the ordinances as provided in NCC 1.05.020 shall not affect any debt or fee which is accrued, any duty imposed, any penalty incurred, nor any action or proceeding commenced under or by virtue of the ordinances repealed or the term of office of any person holding office at the time this code takes effect; nor shall the repeal of any ordinance have the effect of reviving any ordinance heretofore repealed or superseded. [Ord. 87-34 § 1-01-003, 1987.]

1.05.040 Definitions and rules of construction.

In the construction of this code, the following rules and definitions shall be observed and applied unless such construction would be inconsistent with the manifest intent of this code:

(1) General Rule. All words and phrases shall be construed and understood according to the common use and understanding of the language; the technical words and phrases and such other words and phrases as may have acquired a particular meaning in law shall be construed and understood according to such particular meaning.

(2) Gender – Singular and Plural. Unless otherwise indicated from the context of the code, all words used in the singular shall include the plural and all words used in the masculine gender shall extend to and apply to the feminine gender.

(3) Person. The term “person” includes all individuals both male and female, any governmental agency, corporation, partnership, association, company, and every other from of organization whether formed voluntarily or involuntarily.

(4) Tenses. The use of any verb in the present tense shall include the future and past tense when applicable.

(5) Highway – Road. The terms “highway” and “road” include public bridges, and may be equivalent to the words “county way,” “county road,” “common road,” and “state road.”

(6) Street. The term “street” includes alleys, lanes, courts, boulevards, public ways, public squares, public places, sidewalks, gutters and culverts, crosswalks, and intersections.

(7) Business. The term “business” includes any trade, profession, calling, activity, operation or enterprise for which a license is required by any ordinance of this municipality.

(8) License. The term “license” includes any certificate or license issued by this municipality.

(9) Property. The term “property” includes both real and personal property.

(10) Owner. The term “owner” applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of a whole or part of such building or land.

(11) Tenant – Occupant. The term “tenant” or “occupant” applied to a building or land shall apply to any person who occupies all or any part of such building or land either alone or with others.

(12) Reasonable Time. In all cases where any code section requires that an act be done in a reasonable time or that reasonable notice be given, such reasonable time for such notice shall be deemed to mean such time as may be necessary for the expeditious performance of such duty or compliance with such notice.

(13) Time – How Computed. The time within which an act is to be done as provided in any ordinance or in any resolution or order of this municipality, when expressed in days, shall be determined by excluding the first day and including the last day, except if the last day be a Sunday or a holiday, then the last day shall be the day next following such Sunday or holiday which is not a Sunday or holiday. When time is expressed in hours, Sunday and all holidays shall be excluded.

(14) Week. The word “week” shall be construed to mean any seven-day period.

(15) 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 this municipality.

(16) Chief of Police, City Marshal, Town Marshal, or Marshal. The terms “chief of police,” “city marshal,” “town marshal” or “marshal” as used in this code all have the same meaning and may be used interchangeably.

(17) Municipality. The word “municipality” as used throughout this code means Naples City, Utah.

(18) Governing Body. The term “governing body” as used throughout this code means the city council of this municipality.

(19) “Offense” means any act, action, or conduct prohibited by this code or the failure to perform any acts required in this code.

(20) Officer or Official. The terms “officer” or “official” as used in this code mean any elected or appointed person employed by the municipality unless the context clearly indicates otherwise.

(21) Recorder/clerk. The term “recorder/clerk” means the individual appointed to act as the recorder of the municipality. [Ord. 87-34 § 1-01-005, 1987.]

1.05.050 Captions.

The captions in this code immediately preceding each section are intended as mere captions to indicate the content of the section and shall not be deemed or taken to be part of the sections. [Ord. 87-34 § 1-01-006, 1987.]

1.05.060 Severability.

It is hereby declared to be the intention of the governing body that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional or without effect by any final judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this code. [Ord. 87-34 § 1-01-007, 1987.]

1.05.070 Numbering of ordinances.

(1) The recorder/clerk shall, insofar as possible, assign all ordinances of a general nature adopted after these revised ordinances a number which shall conform to the numbering system used in this code and shall indicate upon the face of the ordinance the date adopted.

(2) The recorder/clerk shall keep all ordinances of a local, private or temporary nature, including franchises, grants, dedications, bond issues and tax levies, in a separate book of special ordinances, properly indexed and organized according to date adopted. The first number of such an ordinance shall be the last two digits of the year the ordinance is adopted, followed by a dash which is followed by a number which shall be a sequential, ascending number indicating the order in which such special ordinance was adopted during the year.

(3) Failure to comply with this section shall not affect or render invalid any ordinance of this municipality. [Ord. 87-34 § 1-01-008, 1987.]

1.05.080 Statutes or codes included and excluded.

Any reference or citation to any statute shall not be interpreted or construed to include, incorporate, or make the citation or statute part of this code unless the provisions of this code specifically include, incorporate, or make the citation or statute part of this code by reference or incorporation, and any such reference or citation not specifically included or incorporated may be changed, amended or deleted without publication on an order of the governing body. [Ord. 87-34 § 1-01-009, 1987.]