PART II THE CODE

Chapter 1
GENERAL PROVISIONS

Sec. 1-1. How Code designated and cited.

Sec. 1-2. Definitions and rules of construction.

Sec. 1-3. Chapters, articles, divisions, sections and subsections– Designations, headings, and catchlines.

Sec. 1-4. Effect of repeal of ordinances.

Sec. 1-5. General penalty; continuing violations.

Sec. 1-6. Severability of parts of Code.

Sec. 1-1. How Code designated and cited.

The ordinances embraced in the following chapters and sections shall constitute and be designated as "The Code of the City of Phoenix, 1969," and may be so cited. The Code may also be cited as "Phoenix City Code."

(Code 1962, § 1-1)

Sec. 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the Council or the context clearly requires otherwise:

Administrative regulations: Written orders which are issued by the City Manager and compiled in a manual.

Bond: When a bond is required, an undertaking in writing shall be sufficient.

City: The City of Phoenix, in the County of Maricopa and State of Arizona, except as otherwise provided.

Computation of time: The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be Sunday or a legal holiday, that shall be excluded.

Council: The City Council of the City of Phoenix.

County: The words "the County" or "this County" shall refer to Maricopa County, Arizona.

Definitions: Unless expressly otherwise provided, definitions given within a chapter, article or division apply only to words or phrases used in such chapter, article, or division.

Gender: Words importing the masculine gender shall include the feminine and neuter.

Health Officer: The Director of the County Health Department or his authorized agent.

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.

Keeper; proprietor: The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or a servant, agent or employee.

Month: A calendar month.

Number: Words used in the singular include the plural and the plural includes the singular number.

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."

Or; and: "Or" may be read "and" and "and" may be read "or," if the sense so requires.

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.

Person: The word "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

Personal property: Personal property includes every species of property, except real property as herein defined.

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

Property: The word "property" shall include real and personal property.

Public place: The term "public place" shall include any park, cemetery, schoolyard or open space adjacent thereto, any lake or stream, or any other public place.

Real property: Real property shall include land, together with all things attached to the land so as to become a part thereof.

Shall; may: The word "shall" is mandatory and the word "may" is permissive.

Sidewalk: Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature; subscription: Signature or subscription includes a mark when the person cannot write.

State: The words "the State" or "this State" shall be construed to mean the State of Arizona.

Street: Any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the City.

Tenant; occupant: The words "tenant" and "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.

Time: Words used in the past or present tense include the future as well as the past and present.

Writing; written: The words "writing" and "written" shall include printing and any other mode of representing words and letters.

Year: A calendar year.

(Code 1962, § 1-2)

Sec. 1-3. Chapters, articles, divisions, sections and subsections– Designations, headings, and catchlines.

All designations and headings of chapters, articles, or divisions; all catchlines of sections printed in boldface type; and all catchlines of subsections printed in italic type are intended only for convenience in arrangement and as mere catchwords to indicate the contents of such chapters, articles, divisions, sections or subsections. They shall not be deemed or taken to be any part of or title of such chapters, articles, divisions, sections or subsections; nor, unless expressly so provided, shall they be so deemed upon amendment or re-enactment; nor shall they be construed to alter the otherwise intended meaning of any provision of this Code.

(Code 1962, § 1-3)

Sec. 1-4. 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 punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the ordinances repealed.

(Code 1962, § 1-4)

Sec. 1-5. General penalty; continuing violations.

Except for civil traffic violations for which the maximum sanction shall be two hundred fifty dollars unless a specific other penalty is provided for, whenever in this Code or in any ordinance of the City any act is prohibited or is made or is declared to be unlawful or an offense or a misdemeanor or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, any person violating any such provisions of this Code or any ordinance is guilty of a Class 1 misdemeanor punishable by a fine not exceeding two thousand five hundred dollars or imprisonment for a term not exceeding six months or probation not to exceed three years or any combination of such fine and imprisonment, and probation in the discretion of the City magistrate. Each day any violation of any provisions of this Code or of any ordinance shall continue shall constitute a separate offense.

In addition to the penalties hereinabove provided any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance shall be deemed a public nuisance and may be, by the City, abated as provided by law and each day that such condition continues shall be regarded as a new and separate offense.

(Code 1962, § 1-5; Ord. No. G-1864, § 1; Ord. No. G-2578, § 1; Ord. No. G-2753, § 1; Ord. No. G-3270, § 1)

Charter references: Authority of Council to prescribe fines, forfeitures and penalties, ch. IV, § 2(2).

Sec. 1-6. Severability of parts of Code.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and words of this Code are severable and if any word, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or invalid for any reason by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional or invalid word, clause, sentence, paragraph or section.

(Code 1962, § 1-6)