§ 1-5. Rules of construction and definitions.

The rules and the definitions set forth in this section shall be observed in the construction of this Code and the ordinances of the city unless such construction would be inconsistent with either the manifest intent of the council, the city charter, the context of this Code or the ordinances of the city.

Acts by agents. When an ordinance requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

Administrative directive. The term "administrative directive" means a written order issued by a department head, approved by the city manager, and compiled in a manual.

Administrative regulation. The term "administrative regulation" means a written order issued by the city manager and compiled in a manual.

Charter. The words "charter" or "city charter" shall mean the Charter of the City of Scottsdale, Arizona.

City. The words "the city" or "this city" shall mean the City of Scottsdale, in the county of Maricopa and State of Arizona, except as otherwise provided. The term includes all duly authorized officers and employees acting on behalf of the city.

Code. The words "the Code" or "this Code" shall mean Scottsdale Revised Code, as designated in section 1-1 unless the context indicates otherwise.

Computation of time. The time in which an act is required to be done, except as otherwise provided in this Code, shall be computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday or holiday, and then it is also excluded. In cases in which notice of a decision by the city must be given to a petitioner and in which the petitioner must file a notice of appeal of such decision within a time certain of less than ten (10) days, such time shall be computed starting with the day after the day during which the notice of decision is received by the petitioner by personal service or registered or certified mail. The provisions of this paragraph shall not apply to the expiration of licenses, permits or approvals, issued pursuant to this Code and having stated expiration dates, including without limitation those licenses and permits provided for in chapters 3 and 16.

Council. The words "the council" or "city council" shall mean the council of the City of Scottsdale.

County. The words "the county" or "this county" shall refer to Maricopa County, Arizona.

Day. A "day" is the period of time between any midnight and the midnight following.

Daytime. "Daytime" is the period of time between sunrise and sunset.

State Law reference— Similar provisions, A.R.S. § 1-215(6).

Departments, boards, officers, etc. Whenever any department, board, commission, office, officer, or employee is referred to, it shall mean a department, board, commission, office, officer, or employee of the city unless the context clearly indicates otherwise.

Health officer. The term "health officer" shall mean the director of the state department of health services or his authorized agent.

In the city. The words "in the city" or "within the city" shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

State Law reference— Extraterritorial jurisdiction, A.R.S. §§ 9-240(B)(21), 9-276(A)(18), 9-402; application of municipal ordinances to municipally owned, leased, etc., property, A.R.S. § 9-401.

May. The word "may" shall be construed as being permissive.

May not. The words "may not" state a prohibition.

Month. The word "month" shall mean a calendar month.

State Law reference— Similar provisions, A.R.S. § 1-215(19).

Must. The word "must" shall be construed as being mandatory.

Nighttime. "Nighttime" is the period of time between sunset and sunrise.

State Law reference— Similar provisions, A.R.S. § 1-215(21).

Number. Words used in the singular include the plural and the plural includes the singular number.

State Law reference— Similar provisions, A.R.S. § 1-214.

Oath. An oath includes affirmations in all cases in which, by law, an affirmation may be substituted for an oath. In such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

State Law reference— Similar provisions, A.R.S. § 1-215(22).

Occupant. The word "occupant" includes a tenant.

Or, and "Or" may be read "and" and "and" may be read "or," if the sense requires it.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.

Person. The word "person" shall include the state, the county, a political subdivision of the state, other governmental entity, a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual. It includes a trustee, receiver, an assignee, or similar representative.

Personal property. "Personal property" is anything other than real property.

State Law reference— Similar provisions, A.R.S. § 1-215(25).

Preceding; following. The words "preceding" and "following" shall mean next before and next after, respectively.

Property. The word "property" shall include real and personal property.

State Law reference— Similar provisions, A.R.S. § 1-215(28).

Shall. The word "shall" shall be construed as being mandatory.

Shall have been. The words "shall have been" include past and future cases.

Signature or subscription. A signature or subscription includes a mark, when a person cannot write, with his name written near it and witnessed by a person who writes his own name as witness.

State Law reference— Similar provisions, A.R.S. § 1-215(31).

State. The words "the state" or "this state" shall be construed to mean the State of Arizona.

Street. The word "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, land, viaduct, bridge and the approaches thereto within the city.

Technical and nontechnical words. All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

State Law reference— Similar provisions, A.R.S. § 1-213.

Tenant. The word "tenant" when applied to a building or land, shall include any person who occupies the whole or a part of such building or land whether alone or with others.

Tense. The present tense includes the past and future tenses, and the future includes the present.

State Law reference— Similar provisions, A.R.S. § 1-214.

Week. A "week" consists of seven (7) consecutive days.

Writing or written. The words "writing" and "written" shall include printing and any other mode of representing words and letters.

Year. The word "year" shall mean a calendar year.

(Code 1972, §§ 1-121, 1-124—1-128; Ord. No. 2968, § 1, 12-16-96; Ord. No. 3284, § 1, 2-14-00)