Chapter 1

General Provisions

Sections:

1-1. How Code designation and cited.

1-2. Definitions and rules of construction.

1-3. Titles of sections.

1-4. Provisions considered as continuations of existing ordinances.

1-5. Effect of repeal of ordinances.

1-6. Severability of parts of Code.

1-7. Omission of general law not waiver of same.

1-8. Sufficiency of intent to defraud.

1-9. General penalty; continuing violations, imprisonment for nonpayment of fine; prison labor.

1-10. Liability of employers and abettors to penalty for violation.

1-11. Imprisonment in either city or county jail.

1-12. Publication of new and revised ordinances—Effective date of ordinances.

1-13. Enacting clause.

1-14. Conflict.

1-15. Foot-note annotations.

1-16. City Seal.

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Grantsville City, Utah," and may be so cited. Such code may also be cited as the "Grantsville City Code".

Section 1-2. Definitions and rules of Construction. (1)

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. For similar state law, see U.C.A., 1953, Section 68-3-12, 76-1-3

Bribe. The term "bribe" signifies any goods, money, right in action, property, thing of value or advantage, present of prospective, or any promise or undertaking to give any, asked given or accepted, with a corrupt intent to influence unlawfully the person to whom it is given in his action, vote or opinion in any public or official capacity.

City. The words "the city" or "this city" shall be construed as if followed by the words "of Grantsville City, Utah".

Code. The words "the Code" or "this Code" shall mean "The Code of the city of Grantsville City, Utah".

Computation of time. (2) (See #2 below.) 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 that last day is a holiday and then it also is excluded.

2, For similar state law, see U.C.A., 1953, Section 68-3-7.

Corruptly. The term "corruptly" imparts a wrongful desire to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person.

Council. Whenever the word "council" is used, it shall be construed to mean the City Council of Grantsville City, Utah.

County. The words "the county" or "this county" shall mean the County of Tooele.

Day. A day is 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.

Highway, road. The words "highway" and "roads" include public bridges, and may be held equivalent to the words "county highway," "county road", "common road", and "state road".

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.

Jail. The term "jail" shall mean and include the jail or prison in which prisoners of the city are confined.

Joint authority. *3 All words giving a joint authority to three or more persons or officers shall be constructed as giving such authority to a majority of such persons or officer.

1. For similar state law, see U.C.A., 1953 Section 68-3-10.

Knowingly. A person engages in conduct knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

Malice. The terms "malice" and "maliciously" import a wish to vex, annoy or injure another person, or an intent to do a wrongful act, established whether by proof or by presumption of law.

Month. The word "month" means a calendar month unless otherwise expressed.

Negligence. A person engages in conduct with negligence or is negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor’s standpoint.

Number. The singular number includes the plural, and the plural the singular.

Oath. The word "oath" includes "affirmation" and the word "swear" includes the word "affirm". Every mode or oral statement under oath or affirmation is embraced in the term "testify" and every written one in the term "depose".

Officers, departments, etc. Officers, departments, boards, commissions, and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Grantsville, unless the context clearly indicates otherwise. The word "officer" shall include officers and boards in charge of departments and members of such boards.

Official time. Whenever certain hours are named in this Code, they shall mean Standard Time or Daylight Saving Time, as may be in current use in the City.

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

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

Person. "Person" includes any person, firm, association, organization, body politic, partnership, business trust, corporation or company.

Personal property. "Personal property" includes every species of property, except real property, as defined in this section.

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

Process. "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. The "property" includes both real and personal property.

Real property, etc. The terms "land", "real estate", and "real property" include lands, tenements, hereditaments, water rights, possessory rights and claims.

Shall; May. "Shall" is mandatory and "may" is permissive.

Signature or subscription by mark. "Signature " or "Subscription" includes a mark when the signer of 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.

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

Street. The word "street" includes alleys, lanes, courts, boulevards, public ways, public squares and sidewalks.

Existing Streets. The words "existing streets" shall mean any street which has been accepted by the city for purposes of maintenance and ownership inclusive.

Tenant or occupant. The words "tenant" or "occupant", applied to a building or land, shall 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.

Tenses. The present tense includes that past and future tenses, and future includes the present.

Week. A week consists of seven consecutive days.

Willfully. The term "willfully" when applied to the intent with which an act is done or omitted implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate the law, or to injure another, or to acquire any advantage.

Words requiring license or permit. Words prohibiting anything being done except in accordance with a license or permit or authority from a boar or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.

 

 

Writing. Writing includes any form of record message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or recording is required or authorized by this Code, it shall be made in writing in the English language, unless it is expressly provided.

Year. The word "year" shall mean a calendar year, except where otherwise provided. The word "year" or the abbreviation "A.D." is equivalent to the expression "year of our Lord". (R.O. 1955, Section 1-4)

Section 1-3. Titles of Sections.

The titles of the several sections of this Code, immediately preceding each section, are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the titles, are amended or re-enacted.

Section 1-4. Provisions considered as continuations of existing ordinances.

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

Section 1-5. Effect of repeal of ordinances.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any act done, or right accrued, any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed, or the tenure of office of any person holding office.

Section 1-6. Severability of parts of Code.

It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgement or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Code.

Section 1-7. Omission of general law not waiver of same.

The omission to specify or enumerate in this Code those provisions of the general law applicable to all cities shall not be construed as a waiver of the benefits of such provisions.

Section 1-8. Sufficiency of intent to defraud.

Whenever by any of the provisions of this Code an intent to defraud is required in order to constitute any offense, it is sufficient if any intent appears to defraud any person, association or body politic or corporate whatever.

Section 1-9. General penalty; (4) (See #4 below) continuing violations; imprisonment for nonpayment of fine; prison labor.

Whenever in this Code or in any ordinance of the city or rule, regulation or order 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 the doing of any act is required, or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance, rule or regulation shall be punished by a fine less that three hundred dollars of imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

Each day any violation of this Code or any such ordinance, rule or regulation continues shall constitute a separate offense. A judgement that defendant pay a fine may also direct that he be imprisoned.

Any person committed to the county or municipal jail or other place of incarceration as a punishment shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours in each working day. All prisoners shall be subject to such work under the direction of the Chief of Police or nay police officer of the city. (R.O. 1995, Section 3-1-3.)

2. For state law fixing maximum punishment, see U.C.A., 1953, Section 10-8-84 and 10-8-85.

Section 1-10. Liability of employers and abettors to penalty for violation.

When the provisions of an ordinance prohibit the commission or omission of an act, not only the person actually doing the prohibited thing or omitting the direct act, but also the employer and all other persons concerned or aiding or abetting therein, shall be guilty of the offense described and liable to the penalty prescribed for the offense. (R.O. 1995, Section 3-1-7.)

Section 1-11. Imprisonment in either city or county jail.

Any person sentenced to imprisonment for the violation of this Code, or other ordinance of the city may be imprisoned either in the city jail or in the county jail. Use of the county jail shall be subject to such conditions as are imposed by law with the consent of the board of county commissioners.

Section 1-12. Publication of new and revised ordinances – Effective date of ordinances. (5)

All ordinances before taking effect shall be deposited in the office of the city recorder or town clerk, and published at least once in some newspaper published within the municipality, or if there is no newspaper published therein, then by posting in three public places therein; provided, that whenever a revision is made and the revised ordinances are published by authority of the governing body no further publication shall be deemed necessary; and provided further, that ordinances establishing rules and regulations for the construction of buildings, the minimum standards that must be met to qualify a house or building for human habitation or occupancy, the installation of plumbing, the installation of electric wiring or other related or similar work, and rules and regulations controlling traffic and regulating to the prevention of fires within their corporate limits and other rules and regulations relating to municipal functions and controls where such rules and regulations have been printed as a code in book form, may be adopted and shall take effect without further publication or posting thereof, if reference is made to such code, and not less than three copies of such code shall have been filed for use and examination by the public in the office of the recorder or clerk of such city or town prior to the adoption of such ordinance by the board of commissioners, city council or town trustees. Ordinances shall not go into effect until the twentieth day after their publication or posting, nor until the thirtieth day after their final passage, but shall go into effect at the expiration of such twentieth day after publication or posting, or such thirtieth day after such final passage or whichever of said days is the most remote from the final passage of such ordinance. Ordinances, if so provided therein, may take effect at a later date. Measures necessary for the immediate preservation of the peace, health or safety of the municipality may, if so provided in the ordinance, take effect at an earlier date. The city recorder or town clerk shall record all resolutions and ordinances in a book kept for that purpose, together with the affidavit of publication by the publisher or his agent, or, if posted, with the certificates of the due posting thereof; and said book, or a certified copy of the ordinances and affidavit or publication of posting, under the seal of the municipality, shall be received as evidence in all courts and places without further proof, or if printed in book or pamphlet form by authority for the governing body, they shall be so received. (R.O. 1955, Section 1-5.)

1. For similar State Law, see U.C.A., 1953, Section 10-6-12.)

Section 1-13. Enacting Clause.

The enacting clause of all ordinances of Grantsville city hereafter passed, shall be in the following form: "Be it ordained by the City Council of Grantsville City, Utah" and no enacting clause shall be used in any section of any ordinance except the first. (R.O. 1955, Section 1-9.)

Section 1-14. Conflict.

Whenever anything in these ordinances contained shall be or become in conflict with any provision or provisions of the laws of the Sate of Utah, such provision of these ordinances shall be deemed to be repealed and to be of no effect for such period as such law so in conflict therewith shall remain in effect, and such law shall govern. (R.O. 1955, Section 1-9.)

Section 1-15. Foot-Note Annotations.

Annotations set forth at the end of Sections are not a part of these ordinances, but refer for reference to provisions of "Utah Code Annotated, 1953", and previous City Ordinances. (R.O. 1955, Section 1-10.)

Section 1-16. City Seal.

The corporate seal of the City of Grantsville, Utah, shall be circular in form, one and three-fourths inches in diameter, the impression of which is two circles with Grantsville City between them, and inside of the inner circle shall appear "Incorporated January 12, 1867" and two stars, and the same is hereby established and declared to be the seal of the City of Grantsville, Utah.

Updated 10/04