§ 1-54. Other rules of construction and definitions.

In addition to the rules of construction and definitions specified in this chapter, the following rules of construction and definitions in this section shall be observed in the construction of this Code and of all ordinances of this city, unless such construction or definition would be inconsistent with the manifest intent of the city council, would be repugnant to the context of the provisions or the context clearly requires otherwise:

Alley: The word "alley" shall mean a minor public way which is used primarily for vehicular service access to the back or side of a property abutting on a street.

Boulevard: The word "boulevard" shall mean that portion of a street lying between the lateral line of the roadway portion thereof (i.e., the back of the curb or curbline) and the property line of abutting properties which may contain within its boundaries a sidewalk.

City: The word "city" shall mean the City of Faribault, in the County of Rice, in the State of Minnesota.

City administrator, administrator: Whenever the term "city administrator" or "administrator" is used, it shall be construed to mean the city administrator of the City of Faribault, Minnesota.

City clerk, clerk: Whenever the term "city clerk" or " clerk" is used, it shall be construed to mean the city administrator of the City of Faribault, Minnesota.

City council, council: Whenever the words "council" or "city council" are used, they shall be construed to mean the Council of the City of Faribault, Minnesota, which is the governing body of the city.

City ordinance: The unqualified use of the term "city ordinance" shall be construed to be followed by the phrase "of the City of Faribault, Minnesota."

City recorder, recorder: Whenever the term "city recorder" or "recorder" is used, it shall be construed to mean the city administrator of the City of Faribault, Minnesota.

City treasurer, treasurer: Whenever the term "city treasurer" or "treasurer" is used, it shall be construed to mean the city administrator of the City of Faribault, Minnesota.

Code: The word "Code" shall mean this Code of Ordinances as designated and cited in section 1-1 of this chapter.

Corporate or city limits: The term "corporate limits" or "city limits" shall mean the legal boundaries of the City of Faribault, Minnesota.

County: The words "the county" or "this county" shall mean the County of Rice, in the State of Minnesota.

Delegation of authority: Whenever a provision appears in this Code or in any other ordinance of the city requiring the head of a department or some other city officer to do some act or perform some duty, it is to be construed to authorize such head of the department or such other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty, unless the terms of the provision or section specify otherwise.

Gender: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Governing body: The words "governing body" shall mean the city council of the City of Faribault, Minnesota.

In the city: The words "in the city" or "in this city" mean and include any territory within the corporate limits of this city and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by general or special act, except as otherwise specified.

Law: The word "law" shall mean any statute, ordinance or regulation promulgated by the United States, the state, the county, the city or any agency thereof, as well as the rules and regulations of other bodies politic that may be appropriate.

May, shall: The word "may" is permissive, and the word "shall" is mandatory.

Minnesota Statutes or Minn. Stat.: The words "Minnesota Statutes" or "Minn. Stat. " shall mean the edition of the Minnesota Statutes current at the time of said reference.

Misdemeanor or petty misdemeanor: The term "misdemeanor" or "petty misdemeanor" shall be construed to be followed by the phrase "which is a violation of a city ordinance."

Month: The word "month" shall mean a calendar month.

Oath; affirmation; affirm; sworn: The word "oath" includes "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases "swear" includes "affirm" and "sworn" includes "affirmed."

Official time standard: Whenever certain hours of the clock are named in this Code or in any other ordinance of the city they shall mean standard time or daylight savings time as may be in current use in the city.

Officials, boards, commissions: Whenever reference is made to officials, boards or commissions by title only, i.e. "city council," "city administrator," "the mayor," they shall be deemed to refer to the officials, boards and commissions of the City of Faribault, Minnesota.

Ordinance: The unqualified use of the term "ordinance" shall be construed to be followed by the phrase "of the City of Faribault, Minnesota."

Owner: The word "owner" shall, when applied to a building or land, include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Pathway, pedestrianway: The words "pathway" and "pedestrianway" shall mean a way, public or private, running across or located within a platted lot or block or an unplotted parcel of land, improved, designed or intended for the principal use of pedestrians.

Person: The word "person" may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations, as well as to individuals.

Personal property: The words "personal property" shall include money, goods, chattels, evidences of debt, things in action and any other species of property, except real property.

Petty misdemeanor: The term "petty misdemeanor" shall mean any penal offense under this Code which is punishable by a fine of the maximum set forth by state statute for petty misdemeanors. The term "petty misdemeanor" includes a petty offense which is prohibited by state statute, which does not constitute a crime and for which a sentence of a fine of the maximum set forth by state statute for petty misdemeanors may be imposed. The term shall be construed to be followed by the phrase "which is a violation of a city ordinance."

Preceding, following: The words "preceding" and "following" shall mean the next before and the next after, respectively.

Property: The word "property" shall include real, personal and mixed property.

Public place: The words "public place" shall mean any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.

Public way: The words "public way" shall mean any street, sidewalk, pathway, pedestrianway, or other thoroughfare granted, dedicated, or reserved for public use and used by the public for vehicular or pedestrian purposes.

Real property: The words "real property" shall include lands.

Reasonable time: In all cases where any provision of this Code or of any city 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 period of time only as may be necessary for the prompt performance of such duty or the giving of such notice.

Residence: The word "residence" shall mean the place adopted by a person as his or her place of habitation, and to which, whenever he or she is absent, he or she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed to be his or her residence.

Roadway: The word "roadway" shall mean that portion of a street improved, designed or intended for the principal use of vehicular traffic extending from the back of the curb (i.e., the curbline) on one side to the back of the curb (i.e., the curbline) on the other side.

Sidewalk: The word "sidewalk" shall mean a way, public or private, comprising a portion of the boulevard of a street, including that portion of the street right-of-way between the curbline and the adjacent property line, which is improved, designed or intended for the principal use of pedestrians.

Signature, subscription: The word "signature" or "subscription" shall include a mark when the person cannot write, when his or her name is written near such mark and is witnessed by a person who writes his or her own name as witness.

State: The words "the state" or "this state" shall be construed to mean the State of Minnesota.

Street: The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the city, and shall include all areas thereof embraced between the property lines and dedicated to the public use.

Tenant or occupant: The words "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 a part of such buildings or land, either alone or with others.

Writing: "Written" and "in writing" may include any mode of representing words and letters; except that, the signature of a person, when required by law, must be in the handwriting of the person or, if he or she is unable to write, his or her mark or his or her name written by some person at his or her request and in his or her presence.

Year: The word "year" shall mean a calendar year.

(Ord. No. 2014-007, § 1, 6-24-14)