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Home My WebLink AboutORDINANCE 24-720 ORDINANCE NO.24 -72 AN ORDINANCE OF THE TOWN OF ESTES PARK, COLORADO,PROVIDING FOR DEFINITIONS APPLICABLE GENERALLY TO ORDINANCES OF ThE TOWN OF ES[S PARK,COLORADO,AND PROVIDING FOR RULES OF CONSTRUCTION FOR THE ORDINANCES OF THE TOWN OF ESTES PARK,COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF ThE TOWN OF ESTES PARK,COLORADO: Section 1.Definitions.The following words and phrases whenever used in the Ordinances of the Town of Estes Park,Colorado,shall be construed as defined in this Section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases; (1)Town.The word “Town”or “this Town”shell mean the Town of Estes Park,Colorado,or the area within the corporate limits of the Town of Estes Park,Colorado, and such territory outside of the corporate limits over which the Town has jurisdiction for the exercise of its police powers or other regulatory powers by virtue of any constitutional or statutory provision. (2)Board of Trustees.The word “Board”or “Trustee”or “City Council”shall mean the Board of Trustees of the Town of Estes Park,Colorado. (3)Building Inspector.The words “Building Inspector”shall include “Building Official”and “Director of Public Works.” (Lb)Code.The term “Code”shall be deemed to mean “The Code of the Town of Estes Park”as published and subsequently amended,unless the context requires otherwise. ()County.The words “the County”shall mean the County of Larimer,Colorado. ‘Q •0 (6)Day.A “day”is the period of time between any midnight and the midnight following. (7)Daytime,Nighttime.“Daytime”is the period of time between sunrise and sunset.“Nighttime”is the period of time between sunset and sunrise. (8)Fire Chief.The words “Fire Chief”shall include “Fire Marshal.” (9)Law.The word “law”shall denote the applicable Federal law,the Constitution and Statutes of the State of Colorado,the Ordinances of the Town of Estes Park,and when appropriate,any and all rules and regulations which may be promulgated thereunder. (10)Month.The word “month”shall mean a calendar month. (11)Municipal Judge.The words “Municipal Judge” shall include “Police Magistrate .“ (12)Oath.The word “oath”shall be construed to include 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”shall be equivalent to the words “affirm”and “affirmed.” (13)Ordinance.The word “ordinance”shall mean a law of the Town of Estes Park;provided that a temporary or special law,administrative action,order or directive,may be in the form of a resolution. (lLj)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. (la)Person.The word “person”shall include natural person,joint venture,joint stock company,partnership, association,club,company,corporation,business,trust, organization,or the manager,lessee,agent,servant,officer or employee of any of them. -2- a (16)Personal Property.The words “personal propertyt’ shall include money,goods,chattels,things in action and evidence of debt. (17)Preceding and Following.The words “preceding” and “following”shall mean next before and next after, respectively. (18)Property.The word “property”shall include real,tangible and intangible personal property. (19)Public Inspector.The words “Public Inspector” shall include “Building Inspector,”“Building Official,” “Police Officer”and “Water Superintendent.” (20)Real Property.The words “real property”shall include lands,tenements and hereditaments. (21)Sidewalk.The word “sidewalk”shall mean the portion of the street between the curb line and the adjacent property line,intended for the use of pedestrians. (22)State.The words “the State”shall mean the State of Colorado. (23)Street.The word “street”shall mean and include all streets,highways,avenues,lanes,alleys,courts,places, squares,curbs,or other public ways in the Town which have been or may hereafter be dedicated and open to public use,or such other public property so designated in any law of this state. (2L)Tenant,Occupant.The word “tenant”or “occupant” 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. (2)Town Clerk.The words “the Clerk”or “City Clerk”shall mean the To Clerk of Estes Park,Colorado. (26)Town Treasurer.The words “City Treasurer” shall mean the Town Treasurer. (27)Title of Office.The use of the title of any officer,employee,board or commission means that officer, —3— ‘0 0 employee,board or commission of the Town of Estes Perk, Colorado. (28)Written.The word Hwritten shell include printed,typewritten,mimeographed,multigraphed or machine copied. (29)Year.The word “year’T shall mean a calendar year,unless otherwise expressed. (30)All words end phrases shell be construed end understood according to the common end approved usage of the language;but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such peculiar and appropriate meaning. (31)When an ordinance requires an act to be done which may 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. (32)The time within which an act is to be done shall be computed by excluding the first and including the last day; but if the time for an act to be done shall fall on Saturday, Sunday or a legal holiday,the act shall be done upon the business day following such Saturday,Sunday or legal holiday. (33)“Shall”is mandatory and “may”is permissive. (3L[)The title of any section of subsection of this Code shall not be deemed to in anyway restrict the quality or to limit the effect of the provisions set forth and contained in such section or subsection. Section 2.Grammatical interpretation.The following grammatical rules shall apply to the Ordinances of the Town of Estes Park,Colorado: (1)Gender.Any gender includes the other genders. (2)Singular and Plural.The singular number includes the plural and the plural includes the singular. -Lv I 0 0 (3)Tenses.Words used in the present tense include the pest and future tenses and vice versa,unless manifestly inapplicable. (Lv)Use of Words and Phrases.Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. Section 3.Prohibited acts including causing,per mitting,etc.Whenever in the Ordinances of the Town of Estes Park,any act or omission is made unlawful,it shell include causing,allowing,permitting,aiding,abetting, suffering or concealing the fact of such act or omission. Section L.Construction.The provisions of the Ordinances of the Town of Estee Park,and all proceedings under them are to be construed with a view to effect their objects and to promote justice. Section 5.Repeal shall not revive any ordinances. The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 6.The Board of Trustees of the Town of Estes Park,Colorado,herewith finds,determines and desig nates that this ordinance is necessary for the immediate preservation of the public peace,health and safety for the rules of construction for ordinances affects the public peace,health and safety,and whereas in the opinion of the Board of Trustees an emergency exists,this ordinance shall take effect and be in force five (5)days after its final passage,adoption and publication. PASSED BY THE BOARD OF TRUSTEES AND SIGNED ThIS 24th DAY OF July ,1972. Myor TOWN OF ESTES PARK,COLORADOATTEST Town Clerk -5-