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TC Ord. No. 1980-25,a ORDINANCE NO. #80-25 Series of 1980 AN ORDINANCE DEFINING WORDS AND PHRASES USED IN AND ESTABLISHING RULES OF CONSTRUCTION IN CONNEC- TION WITH THE ORDINANCES OF THE TOWN OF AVON Section 1. Definitions. The following words and phrases, whenever used in the ordinances of the Town of Avon,, shall be construed as defined in this Ordinance unless from the context a different meaning is intended or'unless a-different meaning.is specifically defined and more particularly directed to the use of such words or phrases: A. 'Town" means'the'Town of Avon, Colorado, or the area within the territory-outside of the Town over which the Town has jurisdiction or control by virtue'of any constitutional or statutory provision. B. "Council" means the Town Council of the Town of Avon. "All its members" or "all councilm_embers" means the total number of councilmembers holding office.- C. "County" means the county of Eagle, State-.of Colorado. D. "Law" denotes applicable federal law, the Constitution and statutes of the state of Colorado;-the ordinances of the Town of Avon, and, when appropriate, any and all rules; and regulations which may be promulgated thereunder. E. "May" is permissive. F. "Month" means a calendar month. G. "Must" and "shall" are each mandatory.- H. "Oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be submitted for an oath, and in such cases the words "swear" and` "'sworn" shall be equivalent to the words "affirm" and."affirmed." I. "Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, - joint tenant, tenant by the entirety, of the whole or a part of such."building or land. J. "Person" includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee; agent, servant, officer or employee of any of them. K. "Personal property" includes money, goods, chattels things in action and evidence of debt. L. "Preceding" and "following"-mean next before and next after, respectively. M. "Property" includes real and personal property. N. "Real property" includes lands, tenements And hereditaments. 0. "Sidewalk" means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.' P. "State" means the'state of Colorado. Q. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this town which have been or may hereafter be dedicated and open to public use, or such other public property so designat in any law of this state. R. "Tenant" and "occupant",~ applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. .S. "Written"includes printed, typewritten, mimeo graphed, multigraphed, or otherwise reproduced in permanent visib form. T. "Year" means a calendar year U. "Manager" or "town manager" means the person holdin office as town Manager of the Town of Avon or, until such office i filled by appointment, the Mayor of the Town of Avon. V. "Clerk" or-"Town Clerk" means the Town Clerk of the own of Avon. W. "DRB" or "Design Review Board" means the Design Review Board.of the Town of Avon. X. "Building Official" or "Building Administrator" the Building Administrator of the Town of Avon-. Section 2. Title of office., -Use of the title of any fficer, employee, department, board or commission means that fficer, employee, department,.board or commission of the Town of von. Section 3. Interpretation of_language: All words and phrases shall be construed according to the common and approved usage of the 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. -2- Section 4. Grammatical interpretation. The following grammatical rules shall apply in the ordinances of the Town of Avon, unless it is apparent from the context that a different construction is intended: A. Gender. Each gender includes the masculine, feminine and neuter genders. B. Singular and Plural. The singular number includes the plural and the plural includes the singular. C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. Section 5. Acts by agents,. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be con- strued to include all such acts performed by an authorized agent. Section 6. Prohibited acts include causing and permitting. Whenever in the ordinances of the Town of Avon, any act or ommission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. Section 7. Computation of time. Except when other- wise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. promote justice. Section 8. Construction. The provisions of the ordinances of the Town of Avon, and all proceedings under them are to be construed with a view to effect their objects and to Section 9. Repeal shall not revive an ordinances. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. INTRODUCED, PASSED ON RST READI G, APPROVED, AND ORDERED POSTED, thisn'kday of , 1980 and a public hearing on this Ordinance shall be (held at the regular meeti g of t To Council of the Town of Avon, Colorado, on the ay o , 1980, at 7:30 P.M. in the Mtanicipal Offices of-the Town. TTEST: atricia J. Doykk, Town Clerk -3- INTRODUCED, PASSED ON SECOND READING, A ROVED, AND ORDERED PUBLISHED ONCE IN FULL, this ) D-day of , 1980. This Ordinance will become effective on , 1980. ATTEST: . a, Patricia J. Doyl Town Clerk -4- J • Y~ STATE-OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 14th DAY OF OCTOBER, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#80-25, SERIES OF 1980: AN ORDINANCE DEFINING WORDS AND PHRASES USED IN AND ESTABLISHING RULES OF CONSTRUCTION IN CONNECTION WITH THE ORDINANCES OF THE TOT7N OF AVON. 91 A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. following this hearing, the Council may consider final passage of this Ordinance. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 26th day of September, 1980. TOWN OF AVON, COLORADO B Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 26, 1980: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE MAIN ENTRANCE OF EAGLE VALLEY BOWL, THE PESTER GAS STATION, AND THE TOWN OFFICES, SECOND FLOOR, BENCHMARK SHOPPING CENTER.