§ 10.01  TITLE OF CODE.

(A)  All ordinances of a permanent and general nature of the city, as revised, codified, rearranged, renumbered, and consolidated into component codes, titles, chapters, and sections, shall be known and designated as the “city code,” for which designation “code of ordinances,” “codified ordinances” or “code” may be substituted.  Code title, chapter, and section headings do not constitute any part of the law as contained in the code. 

(B)  All references to codes, titles, chapters, and sections are to the components of the code unless otherwise specified.  Any component code may be referred to and cited by its name, such as the “Traffic Code.”  Sections may be referred to and cited by the designation “§” followed by the number, such as “§ 10.01.”  Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section. 

§ 10.02  RULES OF INTERPRETATION. 

(A)  Generally.  Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law. 

(B)  Specific rules of interpretation.  The construction of all ordinances of this city shall be by the following rules, unless that construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance: 

          (1)  AND or OR.  Either conjunction shall include the other as if written “and/or,” whenever the context requires.

          (2)  Acts by assistants.  When a statute, code provisions or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, that requisition shall be satisfied by the performance of the act by an authorized agent or deputy. 

          (3)  Gender; singular and plural; tenses.  Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable. 

          (4)  General term.  A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited. 

§ 10.03  APPLICATION TO FUTURE ORDINANCES. 

All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted which amend or supplement this code unless otherwise specifically provided. 

§ 10.04  CAPTIONS. 

Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

§ 10.05  DEFINITIONS. 

(A)  General rule.  Words and phrases shall be taken in their plain, or ordinary and usual sense.  However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import. 

(B)  Definitions.  For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 

          CITY.  The area within the corporate boundaries of the city of Fosston as presently established or as amended by ordinance, annexation or other legal actions at a future time.  The term CITY when used in this code may also be used to refer to the City Council and its authorized representatives. 

         CODE, THIS CODE or THIS CODE OF ORDINANCES.  This city code as modified by amendment, revision, and adoption of new titles, chapters, or sections. 

          COUNTY.   Polk County, Minnesota. 

          MAY.  The act referred to is permissive. 

          MONTH.  A calendar month. 

          OATH.  An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in those cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.  All terms shall mean a pledge taken by the person and administered by an individual authorized by state law. 

          OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT.  An officer, office, employee, commission, or department of this city unless the context clearly requires otherwise. 

          PERSON.  Extends to and includes an individual, person, persons, firm, corporation, copartnership, trustee, lessee, or receiver.  Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof. 

          PRECEDING or FOLLOWING.  Next before or next after, respectively. 

          SHALL.  The act referred to is mandatory. 

         SIGNATURE or SUBSCRIPTION.  Includes a mark when the person cannot write. 

          STATE.  The State of Minnesota.                               

          SUBCHAPTER.  A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading.  Not all chapters have subchapters. 

          WRITTEN.  Any representation of words, letters, or figures, whether by printing or otherwise. 

          YEAR.  A calendar year, unless otherwise expressed. 

§ 10.06  SEVERABILITY. 

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application. 

§ 10.07  REFERENCE TO OTHER SECTIONS. 

Whenever in one section reference is made to another section hereof, that reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision. 

§ 10.08  REFERENCE TO OFFICES.  

Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary. 

§ 10.09  ERRORS AND OMISSIONS. 

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.  No alteration shall be made or permitted if any question exists regarding the nature or extent of the error. 

§ 10.10  OFFICIAL TIME. 

The official time, as established by applicable state and federal laws, shall be the official time within this city for the transaction of all city business. 

§ 10.11  REASONABLE TIME. 

(A)  In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice. 

(B)  The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last.  If the last day is a legal holiday or a Sunday, it shall be excluded.