405 South Main, Milford, UT 84751 (435) 387-2711

City Code General Provisions

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Contact Info:

405 South Main Street

P.O. Box 69

Milford, Utah  84751

Telephone Number

Office:  435 387-2711

Fax: 435 387-2748

Title 1
GENERAL PROVISIONS
Chapters:
1.01 Codification of the Revised Ordinances of the City of Milford.
1.02 Interpretation
1.03 Liabilities and Penalties
1.04 City Seal
1.05 City Flag
1.06 City Birthday

Chapter 1.01
Codification of the Revised Ordinances of the City of Milford.
Sections:
1.01.010 Name of Code
1.01.020 Title - Effect on Prior Legislation
1.01.030 Citation
Section 1.01.010 Name of Code
The ordinances in this code and all ordinances of a general nature hereafter adopted and inserted herein and all amendments, additions and changes thereto shall be part of this code and shall be known and cited as the "Milford City Code of Revised Ordinances".
(Ord. Ordinance 4-2005 General Provisions, Amended, 07/21/2005)

Section 1.01.020 Title - Effect on Prior Legislation
1. This 1998 edition is a compilation of codified municipal ordinances, entitled “Milford City Code of Revised Ordinances”, 2006 edition, is adopted by Milford City, Utah, pursuant to the provision of Title 10, Chapter 3, Part 7, Utah code as amended.
2. This 2006 edition supersedes any previous codified ordinance.
3. This 2006 edition shall not supersede any uncodified ordinance of a private, local or temporary nature, including, but not limited to, ordinances authorizing the execution and issuance of deeds, bonds, or contracts, the creation of special improvement districts, the amendments of zoning maps, the vacation of streets, etc.
4. The sections in this 2006 edition are affected and superseded by any ordinance adopted by the Milford City council after the adoption of this 2006 edition.
(Ord. Ordinance 4-2005 General Provisions, Amended, 07/21/2005)

Section 1.01.030 Citation
This volume shall be known and may be cited as “Milford City Code of Revised Ordinances” 2006 edition.
(Ord. Ordinance 4-2005 General Provisions, Amended, 07/21/2005)

Chapter 1.02
Interpretation
Sections:
1.02.010 Effect of Adoption of Recodification of Ordinances
1.02.020 Construction
1.02.030 Definitions
1.02.040 Severability
1.02.050 Applicable Law
1.02.060 Citation Form for Provisions of State Law Adopted as City Ordinance
1.02.070 State Rules, Specifications, Standards or Requirements Adopted

Section 1.02.010 Effect of Adoption of Recodification of Ordinances
The rules and the definitions set forth in this chapter shall be observed in the construction of this code and the ordinances of the city unless such construction would be inconsistent with either the manifest intent of the council or the context of this code or the ordinances of the city.

Section 1.02.020 Construction
In the construction or interpretation of any section within the Milford City Code the following rules of construction shall be observed when necessary or applicable.
1. The singular number includes the plural and the plural includes the singular.
2. Words used in the present tense include the future.
3. Words in the masculine gender include the feminine and neuter.
4. When any time is specified in the Milford City Code, it shall mean standard time, as distinguished from solar time, and the words “midnight” or “noon” shall be taken to mean midnight or noon standard time.
5. Words prohibiting anything being done except in accordance with a license or permit or authority from a city employee, board, or officer, shall be construed as giving such employee, board, or officer power to license or permit or authorize such thing to be done.

Section 1.02.030 Definitions
As used in the Milford City Code and amendments thereto, the following terms shall have the meanings indicated, according to the context in which they are used.
“BUSINESS” includes any trade, profession, calling, activity, operation or enterprise for which a license is required by any ordinance of this municipality.

“BRIBE” signifies any money, goods, right in action, property, thing of value, or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence unlawfully the person to whom it is given in his action, vote, or opinion in any public or official capacity.

“CAPTIONS” immediately preceding each section are intended as mere captions to indicate the context of the section and shall not be deemed or taken to be part of the sections

“CITY” means Milford City, Utah

“CORRUPTLY” imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act, established either by proof or by presumption of law.

“GOVERNING BODY” means the city council of this municipality

“KNOWINGLY” imports only a knowledge that the facts exist which bring the act or omission within the provisions of these ordinances. It does not require any knowledge of the unlawfulness of such act or omission.

“HIGHWAY - ROAD” include public bridges and may be equivalent to the words "county way", 'county road", "common road" and "state road".

“LAND” “real estate” and “real property” include lands, tenements, hereditaments, water rights, possessory rights and claims.

“LAW” means any of the constitutions, statutes, regulations, or court decisions of the United States of America or the State of Utah or ordinances of Milford City, Utah.

“LICENSE” includes any certificate or license issued by this municipality.

“LOCATION” Whenever any act, conduct or offense is prohibited or required and no reference is made to location, unless the context specifically indicates otherwise, the act, conduct, or offense prohibited or required shall be within the boundaries of this municipality.

“MONTH” means a calendar month unless otherwise expressed, and the word “year” or the abbreviation “AD” is equivalent to the expression “year of our Lord”.

“MUNICIPALITY” The word "municipality" as used throughout this code means the City of Milford

“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.

“NUMBERING ORDINANCES”. The Recorder/clerk shall, in so far as possible, assign all ordinances of a general nature adopted after these revised ordinances a number which shall conform to the numbering system used in this code and shall indicate upon the face of the ordinance the date adopted. The Recorder/clerk shall keep all ordinances of a local, private or temporary nature, including franchises, grants, dedications, bond issues and tax levies, in a separate book of "Special Ordinances" property indexed and organized according to date adopted. The first number of such an ordinance shall be the last two digits of the year the ordinance is adopted, followed by a dash which is followed by a number which shall be a subsequential, ascending number indicating the order in which such special ordinances was adopted during the year. Failure to comply with this section shall not affect or render invalid any ordinance of this municipality.

“OATH” includes affirmation, and the word “swear” includes the word “affirm”. Every mode or oral statement under oath or affirmation is embraced in the term “testify” and every written one in the word “depose”.

“OFFENSE” means any act, action or conduct prohibited by this code or the failure to perform any acts required in this code.

“OFFICER” shall include officers and boards in charge of departments and the members of such boards.

“ORDINANCES “ or “these ordinances” means the ordinances adopted by the Milford City council, whether codified within this volume or uncodified.

“OWNER” The term "owner applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of a whole or part of such building or land

“PERSON” The term "person" includes all individuals both male and female, any governmental agency, corporation, partnership, association, company and every other form of organization whether formed voluntarily or involuntarily.

“PROPERTY” includes both real and personal property.

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

“REASONABLE TIME” in all cases where any ordinance requires that an act be done in a reasonable time or that reasonable notice be given, such reasonable time for such notice shall be deemed to mean such time as may be necessary for the expeditious performance of such duty or compliance with such notice.

“RECORDER/CLERK” means the individual appointed to act as the Recorder of the municipality.

“RESIDENT” shall mean any person who has been domiciled in the city of Milford, with a bona fide intent to make this his or her place of permanent abode, for a period of not less than thirty (30) days.

“SEVERABILITY” is hereby declared to be the intention of the governing body that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of the code shall be declared unconstitutional or without effect by any final judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code.

“SIGNATURE” includes any name, mark or sign written with the intent to authenticate any instrument or writing.

“STREET” includes alleys, lanes, courts, boulevards, public ways, public squares, public places, sidewalks, gutters and culverts, crosswalks and intersections.

“TENANT - OCCUPANT” applied to a building or land shall apply to any person who occupies all or any part of such building or land either alone or with others.

“STATUTES OR CODES INCLUDED AND EXCLUDED”. Any reference or citation to any statute shall not be interpreted or construed to include, incorporate or make the citation or statute part of this code unless the provisions of this code specifically include, incorporate, or make the citation or statute part of this code by reference or incorporation, and any such reference or citation not specifically included or incorporated may be changed, amended or deleted without publication on an order of the governing body.

Section 1.02.040 Severability
If any title, section, subsection, clause, or phrase of the Milford City Code is, for any reason, held to be unconstitutional, void or unlawful, such decision shall not affect the validity of the remaining portion of the Milford City Code.

Section 1.02.050 Applicable Law
Offense committed prior to the repeal of a section of the Milford City Code or the enactment of a new section of the Milford City Code shall be governed by the section existing at the time of commission thereof. An offense under the Milford City Code shall be deemed to have been committed prior to the repeal of a section or committed prior to the enactment of a new section if any of the elements of the offense occurred prior thereto.

Section 1.02.060 Citation Form for Provisions of State Law Adopted as City Ordinance
Any provision of state law adopted by reference in the Milford City Code shall be cited by adding the number of the Title in these ordinances in front of the section numbers assigned in the Utah Code. For example, section 76-6-404 of the Utah Code adopted by reference in Title 12, Milford City Code would be known as Milford City Code section number 12.76.6.404.

Section 1.02.070 State Rules, Specifications, Standards or Requirements Adopted
Whenever a state statute is adopted as a part of the Milford City Code, and said state statute permits or requires the adoption of rules, specifications, standards or requirements by a department or agency of the State of Utah, said rules, specifications, standards or requirement are included as part of the Milford City Code.

Chapter 1.03
Liabilities and Penalties
Sections:
1.03.010 Punishments for Criminal Violations

Section 1.03.010 Punishments for Criminal Violations
1. Except as provided hereafter, if the performance of an act is declared in a section of the Milford City Code (including technical codes adopted by reference and state statutes adopted as part of the Milford City Code) to be unlawful, or is described as a misdemeanor or a class B misdemeanor, or is otherwise prohibited, the act shall be punishable by a fine in an amount not exceeding $1,000.00 plus 85% surcharge as provided by State law or by imprisonment in the county jail for a period of time not exceeding (6) months, or by any combination of said fine and imprisonment.
2. If the performance of an act is declared in a section of the Milford City Code (including technical codes adopted by reference and state statutes adopted as part of the Milford City Code) to be a class C misdemeanor the act shall be punishable by a fine in an amount not exceeding $750.00 plus a 85% surcharge as provided by State law or by imprisonment in the county jail for a period of time not exceeding ninety (90) days, or by any combination of said fine and imprisonment.
3. If the performance of any act is declared in a section of the Milford City Code (including technical codes adopted by reference and state statutes adopted as part of the Milford City Code) to be an infraction, the act shall be punishable by a fine in an amount not exceeding $750.00. No imprisonment shall be imposed for an infraction.
4. Unless otherwise expressly provided, any provision in these ordinances imposing a fine or imprisonment which is to be “as provided in this chapter” or words of similar meaning, shall be deemed to be a reference to the punishment provided in this section.
5. This section shall apply to all sections of the Milford City Code and all other Milford City ordinances, including those hereafter enacted.
(Ord. Ordinance 4-2005 General Provisions, Amended, 07/21/2005)

Chapter 1.04
City Seal
Sections:
1.04.010 Description of Seal

Section 1.04.010 Description of Seal
The seal provided for Milford City, circular in form on which is a representation of a locomotive engine, power plant, Mineral Mountains and golf course with the words City of Milford shall be, and the same is hereby established and declared to be the seal of Milford City:
(Ord. Ordinance 4-2005 General Provisions, Amended, 07/21/2005)

Chapter 1.05
City Flag
Sections:
1.05.010 Reserved

Section 1.05.010 Reserved
Reserved

Chapter 1.06
City Birthday
Sections:
1.06.010 Reserved

Section 1.06.010 Reserved