In the construction of this code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise:
1. Appeal Authority. The term “appeal authority” means the hearing officer unless otherwise specified in this code.
2. City. The words “the City” or “this City” shall be construed as if followed by the words “of Moab, Utah.”
3. City Council. The term “City Council” shall be construed to mean the City Council of the City of Moab, Utah.
4. Code. The words “the code” or “this code” mean the code of the City of Moab, Utah.
5. Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.
6. County. The words “the county” or “this county” mean the county of Grand.
7. Day. A “day” is the period of time between any midnight and the midnight following.
8. Daytime, Nighttime. “Daytime” is the period of time between sunrise and sunset. “Nighttime” is the period of time between sunset and sunrise.
9. Gender. The masculine gender includes the feminine and neuter.
10. In the City. The words “in the City” 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.
11. Hearing Officer. The term “hearing officer” means the person appointed by the Mayor with the advice and consent of the City Council to be the appeal authority who possesses knowledge of the Moab Municipal Code, administrative adjudicative hearing procedures, and due process rights of land use applicants and other applicants in appeal proceedings.
12. Jail. The term “jail” means and includes the jail or prison in which prisoners of the City are confined.
13. Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
14. Month. The word “month” means a calendar month.
15. Number. The singular number includes the plural, and the plural the singular.
16. “Oath” includes an affirmation.
17. Officers, Departments, etc. “Officers, departments, boards, commissions and employees” referred to in this code mean officers, departments, boards, commissions and employees of the City, unless the context clearly indicates otherwise.
18. Official Time. Whenever certain hours are named in this code, they mean Mountain Standard Time or Daylight Saving Time as may be in current use in the City.
19. Owner. The word “owner,” applied to a building or land, includes any 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 such building or land.
20. “Person” includes any person, firm, association, organization, partnership, business trust, corporation or company.
21. “Personal property” includes every species of property, except real property, as defined in this section.
22. Preceding, Following. The words “preceding” and “following” mean next before and next after, respectively.
23. “Process” includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
24. Property. The word “property” includes real and personal property.
25. “Real property” includes lands, tenements and hereditaments.
26. Shall, May. “Shall” is mandatory and “may” is permissive.
27. Signature or Subscription by Mark. “Signature” or “subscription” includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
28. State. The words “the state” or “this state” shall be construed to mean the state of Utah.
29. Tenant or Occupant. The words “tenant” or “occupant,” applied to a building or land, include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.
30. Tenses. The present tense includes the past and future tenses, and the future includes the present.
31. Week. A week consists of seven consecutive days.
32. Writing. “Writing” includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any 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.
33. Year. The word “year” means a calendar year, except where otherwise provided. (Ord. 22-08 § 1, 2022; prior code § 1-2)