The following definitions and rules of construction shall be
observed, unless inconsistent with the intent of the council or the
context clearly requires otherwise:
City.
The city of Springfield, Lane County, Oregon.
Computation of Time.
The time within which an act is to be done is computed by
excluding the first day and including the last, unless the last falls
on a legal holiday as defined in ORS 187.010 or 187.020 or on Saturday
or Sunday, in which case the last day is also excluded.
Council.
Common council of the city of Springfield.
Day.
The period of time between any midnight and the midnight
following.
Daytime; Nighttime.
“Daytime” is the period of time between sunrise
and sunset. “Nighttime” is the period of time between
sunset and sunrise.
Gender.
The masculine gender includes the feminine and neuter, and
the feminine includes the masculine and neuter.
In the City.
Territory over which the city now has or acquires jurisdiction
for the exercise of its powers.
Law.
Applicable federal law, the constitution and statutes of
the state of Oregon, the code, ordinances, and applicable adopted
rules and regulations of the city.
Manager.
The city manager appointed by the council or the manager’s
designee.
Minor.
A person under the age of 18 years, unless otherwise stated.
Number.
The singular number includes the plural, and the plural the
singular. Oath. “Oath” includes affirmation.
Offense.
The doing of any act or thing prohibited or the failure to
do any act or thing, required by this code shall constitute an offense
against the public peace, safety, morals, and general welfare of the
people of the city.
Official Time.
When certain hours are named, they mean the standard of time
as set out in ORS 187.110.
Or; And.
“Or” may be read “and” and “and”
may be read “or”, if the sense requires it.
ORCP.
Oregon Rules of Civil Procedure.
ORS.
Oregon Revised Statutes.
Owner.
A 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
the building or land, or vendee in possession under a land sale contract.
Peace Officer.
A city police officer or other officer specified in ORS 133.005.
Person.
Includes any natural person, agent, association, firm, partnership
or corporation capable of owning, occupying or using property in the
city.
Person in Charge.
Any person in actual or constructive possession of a property,
including, but not limited to, an owner or occupant of property under
the person’s dominion, ownership or control.
Personal Property.
Every type of property, except real property as defined below.
Preceding; Following. Next before and next after, respectively.
Process.
A writ or summons issued in the course of judicial proceedings
of either a civil or criminal nature.
Shall; May.
“Shall” is mandatory, and “may” is
permissive.
Signature.
“Signature” includes “subscription”
or “mark” when the signer cannot write, the signer’s
name being written near the mark by a witness who signs near the signer’s
name. A signature by subscription or mark as acknowledged serves as
a signature to a sworn statement only when two witnesses sign their
own names.
Tenant or Occupant.
A person holding a written or an oral lease of, or who occupies,
the whole or a part of the building or land, either alone or with
others.
Tenses.
The present tense includes the past and future tenses, and
the future includes the present.
To.
“To” means “to and including” when
used in reference to a series of sections of this code or the Oregon
Revised Statutes.
Week.
Seven consecutive days.
Writing.
Includes any form of recorded message capable of comprehension
by ordinary visual means. When a notice, report, statement or record
is required or authorized by this code, it shall be made in writing
in the English language unless it is expressly provided otherwise.
Year.
A calendar year, except where otherwise provided.
Unless this code provides to the contrary, the manager, attorney
and city department heads, or their authorized representatives or
deputies, may exercise a power granted by this code. The manager,
attorney and department heads remain responsible for the performance
of such acts.
The provisions of this code and proceedings under it are to
be construed so as to effect its objectives and to promote justice.
Provisions of this code that are the same as those of the prior
code sections existing at the time of the effective date of this code
shall be considered continuations and not new enactments.
The repeal of the prior code does not revive any ordinance in
force before or at the time the prior code took effect. The repeal
of the prior code does not affect a penalty incurred before the repeal
took effect, nor a legal action pending at the time of the repeal.
The titles of the code sections indicate the contents of each
section and are not a part of the substance of the section. The titles
are not affected by amendments or re-enactments.
In preparing revisions of the code for publication and distribution,
the attorney shall not alter the sense, meaning, effect, or substance
of an ordinance. The attorney may renumber sections and parts of sections
of ordinances, change the wording of titles, rearrange sections, change
reference numbers to agree with renumbered chapters, sections, or
other parts, substitute the proper subsection, section, or chapter
or other division numbers, strike out figures or words that are merely
repetitious, change capitalization for the purpose of uniformity,
and correct clerical or typographical errors.
The Springfield Municipal Code 1965, enacted by Ordinance No.
2067, is repealed.
This Springfield Municipal Code does not repeal or amend any
special ordinance; any ordinance relating to or resulting from annexation,
naming of streets and public places, property acquisition or disposal
of property, vacation of streets, public places or plats; any ordinance
relating to budgets; any ordinance granting a franchise, license,
or permit; nor any planning, zoning or land development ordinance.