§ 1-01-020. Rules of construction, definitions.

In the construction of this Code and of all ordinances of this city, the following rules of construction and definitions shall be observed, unless such construction or definition would be inconsistent with the manifest intent of the city commission, be repugnant to the context of the provisions or the context clearly requires otherwise.

Generally. All words and phrases shall be construed and understood according to the common and approved usage of 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.

Another or other means any other human being or legal entity, whether incorporated or unincorporated, including the United States, this state or any subdivision thereof.

City. The city of Alamogordo in the county of Otero in the state of New Mexico.

City commission, commission. The governing body of the city.

Code. This Code of Ordinances as designated and cited in section 1-01-010 above.

County. The county of Otero in the state of New Mexico.

Day. Any twenty-four (24) hour period from midnight to midnight.

Delegation of authority. Whenever a provision appears in this Code requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section expressly designates otherwise. Words prohibiting anything being done, except in accordance with a license or permit or authority from a board or officer shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.

Easement. A right, liberty, privilege or advantage without profit which the owner of one parcel of land may have in the lands of another. A right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property right in the owner.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations as well as to males.

In the city. The words "in the city" or "in this city" shall mean and include any territory within the corporate limits of this city and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by general or special act, except as otherwise specified.

Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise specifically declared.

Knowingly. The term "knowingly" imports only a knowledge that the facts existed or exist which brings the act or omission within the provisions of these ordinances. It does not require any knowledge of the unlawfulness of such act or omission.

Law. Any statute, ordinance or regulation promulgated by the United States, the state, the county, the city or any agencies thereof, as well as the rules and regulations of other bodies politic that may be appropriate.

Liability of employers and agents. 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 directed act, but also the employer and all other persons concerned or aiding or abetting the person shall be guilty of the offense described and liable to the penalty as set forth in this Code.

Minor. Any person under eighteen (18) years of age with respect to all offenses, except those involving alcoholic beverages.

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

Neglect, negligence, negligent and negligently. The terms "neglect," "negligence," "negligent" and "negligently" import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concern.

Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

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." Every mode of oral statement under oath or affirmation is embraced in the term "testify" and every written one in the term "depose."

Official time standard. 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.

Officials, employees, boards, commissions, etc. Whenever reference is made to officials, employees, boards, commissions or other agencies of the city by title only, i.e., "mayor," "clerk," "manager," "chief of police," etc., they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this city. The word "officer" shall include officers and boards in charge of departments and members of such boards.

Or, and. "Or" may be read "and" and "and" may be read "or" if the context of the provision requires it.

Owner. The word "owner" shall, when applied to a building or land, include 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.

Person. The word "person" shall include and be applied to a firm, partnership, association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, and every officer, agent or employee thereof as well as to an individual.

Personal property. Includes every description of money, goods, chattels, effects, evidence or rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

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

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

Public employee means any person receiving remuneration for regular services rendered to the state or any of its political subdivisions.

Public officer means any elected or appointed officer of the state or any of its political subdivisions, whether or not he receives remuneration for his services.

Public place. Any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.

Public thoroughfare. Streets, alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

Quarter. Any three (3) month period ending with the last day of March, June, September and December.

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

Reasonable time. In all cases where any section of this Code or city ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.

Residence. The place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

Roadway. That portion of a street improved, designed or ordinarily used for vehicular traffic.

Shall, may. The word "shall" is mandatory, and the word "may" is discretionary.

Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line intended for the use of pedestrians.

Signature, subscription. The word "signature" or "subscription" shall include any name, mark or sign written with the intent to authenticate any instrument of writing.

State. The words "the state" or "this state" shall mean the state of New Mexico.

Street. The word "street" shall mean and include public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges, public ways and approaches thereto and other public thoroughfares in the city devoted to public use.

Tenant, occupant. The words "tenant" and "occupant," 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.

Tense. Words used in the past or present tense shall include the future as well as the past or present.

Wilfully. 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 law or to injure another or to acquire an advantage.

Writing, written. The words "writing" and "written" shall include typewriting, printing on paper and any other mode of representing words and letters.

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

(Code 1960, §§ 1-2-3(E), 6-1-4(A), (N), (O))