HomeMy WebLinkAbout2023-01-16 Ordinance 3063_DefinitionsORDINANCE NO.3063
AN ORDINANCE TO AMEND CHAPTER 1, WAUKEE MUNICIPAL CODE, CODE OF
ORDINANCES, BY REMOVING AND REPLACING SECTION 1.02, DEFINITIONS
WHEREAS, the City of Waukee Code of Ordinances contains multiple references to a
Development Services Department, which is now known as Community Development Department;
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1: Chapter 1, Waukee Municipal Code, Code of Ordinances, is hereby amended
by removing and replacing Section 1.02, Definitions, with the following:
1.02 DEFINITIONS.
Where words and phrases used in this Code of Ordinances are defined in the Code of Iowa, such
definitions apply to their use in this Code of Ordinances unless such construction would be
inconsistent with the manifest intent of the Council or repugnant to the context of the provision.
Other words and phrases used herein have the following meanings, unless specifically defined
otherwise in another portion of this Code of Ordinances or unless such construction would be
inconsistent with the manifest intent of the Council or repugnant to the context of the provision:
1. ``Alley" means a public right-of-way, other than a street, affording secondary means of
access to abutting property.
2. "Building Official means the City's Community Development Director or the Director's
designee.
3. "City" means the City of Waukee, Iowa.
4. "City Administrator'' means the City Administrator of Waukee, Iowa.
5. "Clerk" means the City Clerk of Waukee, Iowa.
6. "Code" means the specific chapter of this Code of Ordinances in which a specific subject is
covered and bears a descriptive title word (such as the Building Code and/or a standard code
adopted by reference).
7. "Code of Ordinances" means the Code of Ordinances of the City of Waukee, Iowa.
8. "Council means the city council of Waukee, Iowa.
9. "County" means Dallas County, Iowa.
10. "Development Services" means the Community Development Department.
11. "May'' confers a power.
12. "Measure" means an ordinance, amendment, resolution or motion.
13. "Must" states a requirement.
14. "Occupant" or "tenant," applied to a building or land, includes any person who occupies the
whole or a part of such building or land, whether alone or with others.
15. "Ordinances" means the ordinances of the City of Waukee, Iowa, as embodied in this Code
of Ordinances, ordinances not repealed by the ordinance adopting this Code of Ordinances, and
those enacted hereafter.
16. "Person" means an individual, firm, partnership, domestic or foreign corporation, company,
association or joint stock association, trust or other legal entity, and includes a trustee, receiver,
assignee, or similar representative thereof, but does not include a governmental body.
17. "Public way" includes any street, alley, boulevard, parkway, highway, sidewalk, or other
public thoroughfare.
18. "Shall" imposes a duty.
19. "Sidewalk" means that surfaced portion of the street between the edge of the traveled way,
surfacing, or curb line and the adjacent property line, intended for the use of pedestrians.
20. "State" means the State of Iowa.
21. "Statutes" or "laws" means the latest edition of the Code of Iowa, as amended.
22. "Street" or "highway" means the entire width between property lines of every way or place
of whatever nature when any part thereof is open to the use of the public, as a matter of right, for
purposes of vehicular traffic.
Words that are not defined in this Code of Ordinances or by the Code of Iowa have their ordinary
meaning unless such construction would be inconsistent with the manifest intent of the Council,
or repugnant to the context of the provision.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the 16th day of January, 2023, and approved this 16th day of January 2023.
Attest:�PA� /
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Rebecca D. Schuett, City Clerk
Courtney Clarke, Mayor
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