There is adopted the "Santa Clara Municipal Code", as compiled, edited and published by Book Publishing Company, Seattle, Washington. (Ord. 99-04 § 1)

This code shall be known as the SANTA CLARA MUNICIPAL CODE and it shall be sufficient to refer to said code as the "Santa Clara municipal code" in any prosecution for the violation of any provision of this code or in any proceeding at law or equity. It is sufficient to designate any ordinance adding to, amendment to, correction or repealing all or any part or portion of this code as an addition to, amendment to, correction or repeal of the "Santa Clara municipal code". References may be made to the titles, chapters, sections and subsections of the "Santa Clara municipal code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the code. (Ord. 99-04 § 2)

Whenever a reference is made to this code as the "Santa Clara municipal code" or to any portion thereof, or to any ordinance of the city of Santa Clara, Utah, codified herein, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 99-04 § 3)

Title, chapter and section headings contained in this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section in this code. (Ord. 99-04 § 4)

The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 99-04 § 5)

The last ordinance included in this code was ordinance 98-14, passed November 25, 1998. The following ordinances, passed subsequent to ordinance 98-14, but prior to adoption of this code, are adopted and made a part of this code: ordinances 98-15, 98-16, 98-18, 98-19, 98-20, 98-21, 98-22, 98-23, 98-26, 98-29, 98-30, 98-31. (Ord. 99-04 § 6)

The adoption of this code does not affect prosecutions for ordinances violations committed prior to the effective date of this code, does not waive any fee or penalty due and unpaid on the effective date of this code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance. (Ord. 99-04 § 7)

If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the book. (Ord. 99-04 § 8)

References in city forms, documents and regulations to the chapters and sections of the former city code shall be construed to apply to the corresponding provisions contained within this code. (Ord. 99-04 § 9)

The ordinance codified in this chapter shall become effective immediately upon adoption, recording and posting in the manner prescribed by law. (Ord. 99-04 § 10)

The following words and phrases, whenever used in the ordinances of the city of Santa Clara, Utah, shall be construed as defined in this section 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:

   CITY: The city of Santa Clara, Utah, or the area within the territorial limits of the city, and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.

   COUNCIL: The city council of the city of Santa Clara, Utah. "All its members" or "all council members" means the total number of council members holding office.

   LAW: Denotes applicable federal law, the constitution and statutes of the state of Utah, the ordinances of the city, and when appropriate, any and all rules and regulations which may be promulgated thereunder.

   MAY: Is permissive.

   MONTH: A calendar month.

   MUST AND SHALL: Each are mandatory.

   OATH: Includes an affirmation or declaration 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".

   OWNER: Applied to a building or land, means and 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.

   PERSON: Means and 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.

   PERSONAL PROPERTY: Means and includes money, goods, chattels, things in action and evidences of debt.

   PRECEDING AND FOLLOWING: Next before and next after, respectively.

   PROPERTY: Means and includes real and personal property.

   REAL PROPERTY: Means and includes lands, tenements and hereditaments.

   SIDEWALK: That portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

   STATE: The state of Utah.

   STREET: Means and includes all streets, highways, avenues, lanes, alleys, courts, places, curbs, or other public ways in the city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

   TENANT AND OCCUPANT: Applied to a building or land, mean and include any person who occupies the whole or a part of such building or land, whether alone or with others.

   WRITTEN: Means and includes printed, typewritten, mimeographed, multigraphed, or otherwise reproduced in permanent visible form.

   YEAR: A calendar year. (Ord. 98-09 § 2(1): prior code § 1-005)

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. (Ord. 98-09 § 2(2): prior code § 1-005)

The following grammatical rules shall apply in the ordinances of the city 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. (Ord. 98-09 § 2(3): prior code § 1-005)

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 construed to include all such acts performed by an authorized agent. (Ord. 98-09 § 2(4))

Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 98-09 § 2(5))

Except when otherwise 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. (Ord. 98-09 § 2(6))

The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 98-09 § 2(7))

The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 98-09 § 2(8))

   A.   The recorder 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.

   B.   The recorder 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" properly indexed and organized according to date adopted. The first number of such an ordinance shall be the last two (2) digits of the year the ordinance is adopted, followed by a dash which is followed by a number which shall be a sequential, ascending number indicating the order in which such special ordinance was adopted during the year.

   C.   Failure to comply with this section shall not affect or render invalid any ordinance of this city. (Prior code § 1-008)

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 city council. (Prior code § 1-009)

The provisions of Utah Code Annotated 1953, 76-1-402 through 76-1-405, are adopted as part of this code and incorporated herein by reference. (Prior code § 1-142)

   A.   Except as otherwise provided in this part, prosecutions for other offenses are subject to the following periods of limitation:

      1.   A prosecution for a misdemeanor must be commenced within two (2) years after it is committed;

      2.   A prosecution for any infraction must be commenced within one year after it is committed.

   B.   The prosecution is commenced on the filing of a complaint or information. (Prior code § 1-132)

Unless otherwise specifically provided in any ordinance of the city or any code adopted by reference, a hearing before the city council may be requested by any person:

   A.   Who is denied or refused a permit or license by any officer, agent or employee of this city;

   B.   Whose permit or license is revoked, restricted, qualified, or limited from that for which it was first issued. (Prior code § 1-411)

The request for hearing must be made in writing to the mayor or recorder and made within thirty (30) days following the date the notice denying, refusing, revoking, qualifying, restricting or revoking the license or permit is mailed by the city to the applicant or license holder at his or her address as it appears on the application or license. (Prior code § 1-412)

   A.   Following receipt of a request for hearing, the city council shall inform the person requesting a hearing of the time and place the hearing is to be held.

   B.   At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the city may produce to support its decision and to present his or her own evidence in support of his or her contention.

   C.   The city council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council. (Prior code § 1-413)

This part shall not be constructed so as to afford any aggrieved party more than one hearing before the city council nor shall the hearing provided in this part apply to any criminal complaint or proceeding. (Prior code § 1-414)

None of the provisions of this code shall create any civil liability on the city, its officers or employees whether or not the code imposes mandatory or directional duties and whether or not the city, its officers or employees perform or do not perform such duties. (Prior code § 1-501)

   A.   Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of an infraction unless the violation is made a misdemeanor by ordinance.

   B.   1. Except in ordinances where a different punishment is prescribed by any ordinance of the city, any person convicted of a class B misdemeanor for violation of an ordinance of the city is punishable by a fine of one thousand dollars ($1,000.00), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.

      2.   Except in ordinances where a different punishment is prescribed by any ordinance of the city, any person convicted of a class C misdemeanor for violation of an ordinance of the city is punishable by a fine of seven hundred fifty dollars ($750.00), or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment.

   C.   Any person convicted of an infraction for violation of an ordinance of the city is punishable by a penalty of not more than seven hundred fifty dollars ($750.00).

   D.   Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and such person shall be punishable accordingly. (Amended during 1998 codification: Ord. 98-10 § 2)