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TITLE I GENERAL PROVISIONS

CHAPTER 1 GENERAL PROVISIONS

1-1-1 - DEFINITIONS.

The following words and phrases whenever used in the Ordinances of the City, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

1. "City" means the City of Fertile, Iowa, or the area within the territorial limits ofthe City, and such territory outside ofthe City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision;
2. "Clerk" means Clerk-Treasurer.
3. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded;
4. "Council" means the City Council of the City. All its members or all Council persons mean the total number of Council persons provided by the City charter under the general laws ofthe state;
5. "County" means the County of Worth, Iowa;
6. "Fiscal Year" means July 1 to June 30.
7. "Law" denotes applicable federal law, the Constitution and statutes of the State ofIowa, the Ordinances of the City; and when appropriate, any and all rules and regulations which may be promulgated thereunder;
8. "May" confers a power;
9. "Month" means a calendar month;
10. "Must" states a requirement;
11. "Oath" shall be construed to include an affinnative or declaration in all cases in which, by law, an affinnation may be substituted for an oath, and in such cases the words "affinn" and "affinned" shall be equivalent to the words "swear" and "sworn";
12. "Or" may be read "and" and "and" may be read "or" if the sense requires it;
13. "Ordinance" means a law of the City; however, an administrative action, order or directive, may be in the fonn of a resolution;
14. "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land;
15. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them;
16. "Personal property" includes money, goods, chattels, things in action and evidences of debt;
17. "Preceding" and "following" mean next before and next after, respectively;
18. "Property" includes real and personal property;
19. "Real property" includes lands, tenements and hereditaments;
20. "Shall" imposes a duty;
21. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians;
22. "State" means the State ofIowa;
23. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state;
24. "Tenant" and "occupant" applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others; "Title of Office" . Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City;
25. "Written" includes printed, typewritten, faxed" word processed, mimeographed or multigraphed;
26. "Year" means a calendar year;
27. 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 other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning;
28. When an act is required by an Ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.

1-1-2 - GRAMMATICAL INTERPRETATION.

The following grammatical rules shall apply in the Ordinances of the City;

1. Gender. Any gender includes the other gender;
2. Singular and Plural. The singular number includes the plural and the plural includes the singular;
3. Tenses. Words used in the present tense include the past and the future tenses and vice versa;
4. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the content and approved usage of the language.

1-1-3 - PROHIBITED ACTS INCLUDE CAUSING, PERMITTING.

Whenever in this Code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. A principal is responsible for the unauthorized acts or omissions committed by an agent or employee which have been authorized by the principal.

1-1-4 - CONSTRUCTION.

The provisions ofthis Code are to be construed with a view to affect its objects and to promote justice.

1-1-5 - AMENDMENT.

All Ordinances ofthe City Council passed thereafter shall be in the form of an addition or amendment to the Fertile Municipal Code of 2002 constituting this Municipal Code, and shall include proper references to chapter and section to maintain the orderly codification of the Ordinances. (Code ofIowa, Sec. 380.2)

1-1-6 - SEVERABILITY.

If any section, provision or part of the City Code is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the City Code as a whole or any section provision, or part thereof not adjudged invalid or unconstitutional.