[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:
- ADMINISTRATIVE OFFICIAL
- 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.
- COMPUTATION OF TIME
- 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.
- COUNCIL; CITY COUNCIL
- 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.
- IN THE CITY; IN THE CORPORATE LIMITS
- 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.
- JOINT AUTHORITY
- 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.
- PERSONAL PROPERTY
- The term "personal property" includes every species of property, except real property.
- PRECEDING; FOLLOWING
- The words "preceding" and "following" shall mean next before and next after, respectively.
- The word "property" includes real and personal property.
- REAL PROPERTY
- The term "real property" includes lands, tenements and hereditaments.
- SHALL; MAY
- 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.
- STATE LAW
- 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.
- TENANT; OCCUPANT
- 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.
- WRITTEN; IN WRITING
- 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]
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.
Except as otherwise provided, each day any violation of this Code or any such ordinance, resolution or regulation continues shall constitute a separate offense.