[HISTORY: Adopted by the City Council of
the City of Evanston as Ch. 1 of the 1977 Code. Amendments noted where
applicable.]
The ordinances embraced in this chapter and
the following chapters and sections shall constitute and be designated
as "The Code of the City of Evanston, Wyoming, 1982" and may be so
cited. Such Code may also be cited as "Evanston City Code, 1982."
In the construction of this Code and of all
ordinances of the City, the following definitions and rules of construction
shall be observed, unless they are inconsistent with the manifest
intent of the City council or the context clearly requires otherwise:
The term "administrative official" shall mean the board,
commission, committee, officer, agent or employee of the City charged
by the City council with the administration or enforcement of the
particular provisions of this Code in which the term is used.
The word "City" shall mean the City of Evanston.
The time within which an act is to be done shall be computed
by excluding the first and including the last day unless the last
day is a Saturday, a Sunday, or a legal holiday, in which case the
period shall run until the end of the next day which is not a Saturday,
a Sunday or a legal holiday.
The words "council" or "City council" shall mean the City
council of the City of Evanston.
The word "county" shall mean Uinta County, in the State of
Wyoming.
Words importing the masculine gender include the feminine
and neuter.
The words "in the City" or "in the corporate limits" shall
mean and include any territory within the corporate limits of the
City, the police jurisdiction thereof and any other territory over
which regulatory power has been conferred on the City by general or
special act.
All words giving a joint authority to three or more persons
shall be construed as giving such authority to a majority of such
persons.
The word "month" shall mean a calendar month.
Words used in the singular include the plural, and words
used in the plural include the singular.
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" are equivalent to the words "affirm"
and "affirmed."
The word "owner," when applied to a building or land, shall
include not only the owner of the whole but also any part owner, joint
owner, tenant in common or joint tenant of the whole or a part of
such building or land and shall include any agent of such owner, and
where such owner is a body corporate, it shall include the managing
agent or officer within the City.
The word "person" includes a firm, partnership, association
of persons, corporation, organization or any other group acting as
a unit, as well as an individual.
The term "personal property" includes every species of property,
except real property.
The words "preceding" and "following" shall mean next before
and next after, respectively.
The word "property" includes real and personal property.
The term "real property" includes lands, tenements and hereditaments.
The word "shall" is mandatory, and the word "may" is permissive.
The word "sidewalk" means any portion of a street between
the curb line and the adjacent property line intended for the use
of pedestrians.
The word "state" shall mean the State of Wyoming.
References to "state law" shall mean the Wyoming Statutes
or 1977, as amended.
The word "street" shall mean and include public streets,
avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges
and the approaches thereto and all other public thoroughfares in the
City.
The words "tenant" and "occupant," when applied to a building
or land, shall mean any person who occupies the whole or a part of
such building or land, whether alone or with others.
Words used in the past or present tense include the future
as well as the past and present.
The words "written" or "in writing" shall include printing,
lithographing or other modes of representing words and letters; provided,
that in all cases where the written signature of a person is required,
the proper handwriting of such person, or his mark, shall be required.
The word "year" shall mean a calendar year.
The catchlines of the sections and the headings
of chapters, articles, divisions and subdivisions of this Code are
intended as mere catchwords to indicate the contents of the sections,
chapters, articles, divisions and subdivisions and shall not be deemed
or taken to be Titles of such sections, chapters, articles, divisions
and subdivisions nor as any part of any section, nor, unless expressly
so provided, shall they be so deemed when any section, chapter, article,
division or subdivision, including its catchline or heading, is amended
or reenacted.
If for any reason any part, section, subsection,
sentence, clause or phrase of this Code, or the application thereof
to any person or circumstance, is declared to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portions of this Code.
[Amended by Ord. No. 81-41]
A.Â
Whenever in this Code or in any ordinance, resolution
or regulation promulgated by any officer or agency of the City under
authority vested in him or it by law or ordinance, any act is prohibited
or is declared to be unlawful or an offense or a misdemeanor, or the
doing of any act is required, or the failure to do any act is declared
to be unlawful or an offense or a misdemeanor, and no specific penalty
is provided therefor, the violation of any such provision of this
Code or any such ordinance, resolution or regulation shall be punished
by either a fine of not more than seven hundred fifty dollars or by
imprisonment for a period of not more than six months, or both; provided,
that the imposition of any such fine or imprisonment shall not bar
institution of appropriate legal actions or proceedings by the City
to restrain, correct or abate the violation, nor shall the institution
of such legal actions or proceedings be deemed a bar to the imposition
of such fine or imprisonment.
B.Â
Except as otherwise provided, each day any violation
of this Code or any such ordinance, resolution or regulation continues
shall constitute a separate offense.
C.Â
A person
willfully refusing to pay a fine or costs may be imprisoned if the
court determines that the defendant has an ability to pay, or that
a reasonable probability exists that the defendant will have an ability
to pay, until the imprisonment, at a rate determined by the court,
but not less than $15 per day, equals the amount of the fine or costs,
or the amount shall be paid or secured to be paid when he is discharged.
[Added 3-17-2020 by Ord.
No. 20-06]
