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Chapter 01 – General Provisions

TITLE 1: GENERAL PROVISIONS
CHAPTER 1
GENERAL PROVISIONS

1-1-1                Definitions
1-1-2                Grammatical Interpretation
1-1-3                Prohibited Acts Include Causing, Permitting
1-1-4                Construction
1-1-5                Amendment
1-1-6                Severability
1-1-7                City Powers

SECTION 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 a different meaning is specifically defined and more particularly directed to the use of such words or phrases.

1. “City” means the City of Belle Plaine, Iowa, or the area within the territorial limits of the City, and such territory outside of the 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. 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 of the state.

5.  “County” means the County of Benton, Iowa.

6.  “Fiscal Year” means July 1 to June 30.

7.  “Law” denotes applicable federal law, the Constitution and statues of the State of Iowa, 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 affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “affirm” and “affirmed” shall be equivalent to the words “swear” and “sworn”.

12. “Or” may be read  ”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 form 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, 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. “Property Owner” means a person owning private property in the City of Belle Plaine as shown by the County Auditor’s plats of the City.

20. “Real property” includes any interest in land.

21. “Shall” imposes a duty.

22. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

23. “State” means the State of Iowa 24. “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 in whole or a part of such building or land, whether alone or with others.

25. “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.

26. “Writing” and “Written” include printed, typewritten, or electronically transmitted such as facsimile or electronic mail.

27. “Year” means a calendar year.

28. All words and phrases shall be construed and understood according to the common and approved usage of the language. Technical words and phrases that may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

29. 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.

SECTION 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.

SECTION 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.

SECTION 1-1-4                    CONSTRUCTION. The provisions of this Code are to be construed with a view to affect its objects and to promote justice.

SECTION 1-1-5                    AMENDMENT. All Ordinances of the City Council passed thereafter shall be in the form of an addition or amendment to the Belle Plaine Municipal Code of 2008 constituting this Municipal Code, and shall set forth the ordinance, code, section subsection, or paragraph as amended, which action is deemed to be a repeal of the previous ordinance, code, section, subsection or paragraph amended in order to maintain the orderly codification of the Ordinances.  (Code of Iowa, Sec. 380.2)

SECTION 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.

SECTION 1-1-7                    CITY POWERS. The City may, except as expressly limited by the Constitution of the State of Iowa, and if not inconsistent with the laws of the Iowa General Assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges and property of the City and of its residents, and preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents and each and every provision of this Code of Ordinances shall be deemed to be in the exercise of the foregoing powers and the performance of the foregoing functions.   (Code of Iowa, sec. 364.1)

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