[Amended 12-6-1994 by Ord. No. 2171]
In the construction of this chapter, amendments
thereof and supplements thereto, words or phrases shall be read and
construed within their context and shall, unless inconsistent with
the manifest intent of the Health Officer or unless another or different
meaning is expressly indicated, be given their generally accepted
meaning according to the approved usage of the language. Technical
words and phrases, and words and phrases having a special or accepted
meaning in the law, shall be so construed in accordance with such
technical or special and accepted meaning.
Unless it be otherwise hereinafter expressly
provided or there is something in the subject or context repugnant
to such construction, the following words and phrases, when used in
this chapter and in any amendments thereof or supplements thereto,
shall have the meanings herein given to them:
The City of Garfield.
The licensed Health Officer duly appointed by the Board.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies as well as individuals,
unless restricted by context to an individual as distinguished from
a corporate entity or specifically restricted to one or some of the
above-enumerated synonyms.
The duly appointed Registrar of Vital Statistics.
The licensed Sanitary Inspector duly appointed by the City
Manager to aid in the enforcement of the sanitary laws of this state
and the rules, regulations and ordinances of the City of Garfield.
Includes rabbits, cats, dogs, guinea pigs, chickens, excluding
roosters, and any other small animal kept or raised for private food
consumption or for hobby.
[Amended 9-27-2022 by Ord. No. 2954]
The provisions of this chapter not inconsistent
with those of prior ordinances shall be construed as a continuation
of such ordinances.
The classification and arrangement of the several
sections of this chapter have been made for the purpose of convenience,
reference and orderly arrangement, and therefore no implication or
presumption of a legislative construction is to be drawn therefrom.
In the construction of this chapter or any part
thereof, no outline or analysis of the contents of any article, section
or other part thereof, no cross-references or cross-reference note
and no headnote or source note to any section of this chapter shall
be deemed to be part of the chapter.
The repeal by the enactment of this chapter
of any ordinance or part of any ordinance shall not in any way affect,
impair or invalidate any act done or right or limitation tested or
accrued, or in any way annul, invalidate, take away, impair, limit,
disturb or affect the right, title, estate, privilege, immunity or
power or conveyance in, to or of either real or personal property
acquired, given, conferred, had or made under or by virtue of, or
validated by, any ordinance or part of ordinance so repealed.
No action, proceeding or matter of any kind
whatsoever of a civil nature begun in any of the courts of this state
or before any body, board or tribunal whatsoever at the time when
this chapter shall become effective, by virtue or under authority
of any act or part of any act repealed by the adoption, shall be abated
or discontinued because of such a repeal; but the same may and shall
be prosecuted to final judgment, decree or decision in accordance
with the practice and procedure in force at the time when such action
or procedure for the enforcement of a right or the prosecution of
a suit shall have accrued; actions now pending or hereafter shall
be conducted as near as may be in accordance with such altered practice
or procedure as may be provided for.
No offenses committed and no liability, penalty
or forfeiture, either civil or criminal, incurred previous to the
time of the repeal or alteration of any ordinance or part of any ordinance
by the adoption of this chapter or by any ordinance heretofore adopted,
shall be discharged, released or affected by the repeal or alteration
of the ordinance under which such offense, liability, penalty or forfeiture
was incurred unless it is expressly declared in the ordinance by which
such repeal or alteration is effectuated that an offense, liability,
penalty or forfeiture already committed or incurred shall be commenced
or continued and be proceeded with in all respects as if the ordinance
or part of an ordinance had not been altered, except that when this
chapter or other ordinance by which such repeal or alteration is effectuated
shall relate to mere matter of practice or mode of procedure, the
proceeding had thereafter on the complaint, indictment or the prosecution
for such offenses, liabilities, penalties or forfeitures shall be
in such respects, as far as is practicable, in accordance with the
provisions of this chapter or such subsequent ordinance.
[Amended 4-25-2006 by Ord. No. 2457]
Any person who shall violate any of the provisions
of this chapter for which a penalty is not provided by state law or
otherwise specifically provided shall, upon conviction thereof, be
punished by one or more of the following: a fine not exceeding $2,000;
imprisonment for a term not exceeding 90 days; and/or a period of
community service not exceeding 90 days.
