§ 10.05. DEFINITIONS.  


Latest version.
  • (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.
    AGENT. A person acting on behalf of another.
    CITY, MUNICIPAL CORPORATION, or MUNICIPALITY. The City of Columbus, Nebraska.
    CITY COUNCIL, COUNCIL, or GOVERNING BODY. The City Council of the City.
    CODE,THIS CODE, CITY CODE, or COLUMBUS CITY CODE. This City Code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
    COUNTY. Platte County, Nebraska.
    FEE. A sum of money charged by the City for the carrying on of a business, profession or occupation.
    (‘63 Code, § 1-3-1 (part))
    KNOWINGLY. Imports a knowledge that the facts exist which brings the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.
    (‘63 Code, § 1-3-1 (part))
    MAY. The act referred to is permissive.
    MISDEMEANOR. Any offense deemed a violation of the provisions of this Code which is a lesser offense than a felony as defined by State law.
    (‘63 Code, § 1-3-1 (part))
    MONTH. A calendar month.
    NEGLIGENT, NEGLECT, or NEGLIGENCE. Imports 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.
    (‘63 Code, § 1-3-1 (part))
    NUISANCE. The erecting, continuing, using or maintaining of any building, structure or other place, which, by occasioning noxious exhalations, noisome or offensive smells becomes injurious and dangerous to the health, comfort, or property of individuals or the public; the obstructing or impeding, without legal authority of any public right-of-way; the corrupting or rendering unwholesome or impure of any watercourse, stream, or water.
    (‘63 Code, § 1-3-1 (part))
    OATH. 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.
    OCCUPANT. Any person who occupies the whole or any part of such building or land whether alone or with others.
    OFFENSE. Any act forbidden by any provision of this Code or the omission of any act required by the provisions of this Code.
    (‘63 Code, § 1-3-1 (part))
    OFFICER, OFFICE, EMPLOYEE, COMMISSION, or DEPARTMENT. An officer, office, employee, commission, or department of this City, unless the context clearly requires otherwise.
    OPERATOR. The person who is in charge of any operation, business, or profession.
    (‘63 Code, § 1-3-1 (part))
    OWNER. Any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
    (‘63 Code, § 1-3-1 (part))
    PERSON. Includes bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations.
    (Neb. RS 49-801(16))
    PERSONAL PROPERTY. Every description of money, goods, chattels, effects, evidence of 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.
    (‘63 Code, § 1-3-1 (part))
    PRECEDING or FOLLOWING. Next before or next after, respectively.
    RETAILER. Understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer.
    (‘63 Code, § 1-3-1 (part))
    SHALL. The act referred to is mandatory.
    SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
    STATE. The State of Nebraska.
    STREET. Includes alleys, lanes, courts, boulevard, public ways, public square, public places and sidewalks.
    (‘63 Code, § 1-3-1 (part))
    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.
    TENANT. Any person who occupies the whole or any part of a building or land whether alone or with others.
    (‘63 Code, § 1-3-1 (part))
    WHOLESALER or WHOLESALE DEALER. Relates to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale.
    (‘63 Code, § 1-3-1 (part))
    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 law, or to injure another, or to acquire an advantage.
    (‘63 Code, § 1-3-1 (part))
    WRITTEN. Any representation of words, letters, or figures, whether by printing or otherwise.
    YEAR. A calendar year, unless otherwise expressed.