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1 DALLAS COUNTY, IOWA CHAPTER 1 TITLE I - POLICY AND ADMINISTRATION CHAPTER 1 CODE OF ORDINANCES 1.01 Title 1.06 Amendments 1.02 Definitions 1.07 Catchlines and Notes 1.03 General Powers 1.08 Altering Code 1.04 Indemnity 1.09 Standard Penalty 1.05 Rules of Construction 1.10 Severability 1.01 TITLE. This code of ordinances shall be known and may be cited as the Code of Ordinances of the County of Dallas, Iowa. 1.02 DEFINITIONS. Where words and phrases used in this Code of Ordinances are defined by State law, such definitions apply to their use in this Dallas County Code of Ordinances and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, have the following meanings, unless specifically defined otherwise in another portion of this Code of Ordinances: 1. "Auditor" means the County Auditor of Dallas County, Iowa. 2. "Assessor" means the County Assessor of Dallas County, Iowa. 3. "Board," "Board of Supervisors," or "Supervisors" means the Board of Supervisors of Dallas County, Iowa. 4. "Board of Health" means the Board of Health of Dallas County, Iowa. 5. "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). 6. "Code of Ordinance" means the Code of Ordinances of the County of Dallas, Iowa, as adopted under law. 7. "County" means the County of Dallas, Iowa. 8. "County Attorney" means the Dallas County Attorney. 9. "County Engineer" means the Dallas County Engineer. CHAPTER 1 DALLAS COUNTY, IOWA 10. "Measure" means an ordinance, amendment, resolution or ---PAGE BREAK--- 2 motion 11. "Month" means a calendar month. 12. "Oath" means an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" are equivalent to the words "swear" and sworn". 13. "Occupant, 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. 14. "Ordinances" means the ordinances of the County of Dallas, Iowa, as embodied in the Code of Ordinances, ordinances not repealed by the ordinance adopting the Code of Ordinances, and those enacted hereafter. 15. "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, receiver, assignee, or similar representative thereof. 16. "Preceding", "Following" means next before and next after, respectively. 17. "Property" includes real property, and tangible and intangible personal property unless clearly indicated otherwise. 18. "Property Owner" means a person owning private property in the County as shown by the County Auditor’s plats of the County. 19. "Public Place" includes in its meaning, but is not restricted to, any County-owned open place, such as parks and squares. 20. "Public Property" means any and all property owned by the County or held in the name of the County by any of the departments, commissions or agencies within the County government. 21. "Public Way" includes any street, alley, boulevard, parkway, highway, sidewalk, or other public thoroughfare. CHAPTER 1 DALLAS COUNTY, IOWA 22. "Recorder" means the County Recorder of Dallas County, Iowa. 23. "Sidewalk" means that surfaced portion of the street or ---PAGE BREAK--- 3 roadway between the edge of the traveled way, surfacing, or curb line and the adjacent property line, intended for the use of pedestrians. 24. "State" means the State of Iowa. 25. "Statutes, Laws" means the latest edition of the Code of Iowa, as amended. 26. "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. 27. "Treasurer" means the County Treasurer of Dallas County, Iowa. 28. "Writing, Written" includes printing, typing, lithographing, or other mode of representing words and letters. 29. "Year" means a calendar year. 1.03 GENERAL POWERS. The County may, except as expressly limited by the Iowa Constitution, and if not inconsistent with the laws of the Iowa General Assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges and property of the County and of its residents, and preserve and improve the peace, safety, health, welfare, comfort and convenience of its residents and each and every provision of this Code of Ordinances shall be deemed to be in the exercise of the foregoing powers and the performance of the foregoing functions. (Code of Iowa, Sec. 331.301 as amended hereafter) 1.04 INDEMNITY. The applicant for any permit or license under this Code of Ordinances, by making such application, assumes and agrees to pay for all injury to or death of any person or persons whomsoever, and all loss of or damage to property whatsoever, including all costs and expenses incident thereto, however arising from or related to, directly, indirectly or remotely, the issuance of the permit or license, or the doing of anything thereunder, or the failure of such applicant, or the agents, employees or servants CHAPTER 1 DALLAS COUNTY, IOWA of such applicant, to abide by or comply with any of the provisions of this Code of Ordinances or the terms and conditions of such permit or license, and such applicant, by making such application, forever agrees to indemnify the County and its officers, agents and employees, and agrees to save them harmless from any and all claims, demands, lawsuits or liability whatsoever for any loss, damage, injury or death, including all costs and expenses incident thereto, by reason of the foregoing. The provisions of this ---PAGE BREAK--- 4 section shall be deemed to be a part of any permit or license issued under this Code of Ordinances or any other ordinance of the County whether expressly recited therein or not. 1.05 RULES OF CONSTRUCTION. In the construction of the Code of Ordinances the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Board or repugnant to the context of the provisions. 1. Tense. Words used in the present tense include the future. 2. May. The word "may" confers a power. 3. Must. The word "must" states a requirement. 4. Shall. The word "shall" imposes a duty. 5. Gender. The masculine gender shall include the feminine and neuter genders. 6. Number. All words in the plural shall include the singular and all words in the singular include the plural unless the natural construction of the wording indicates otherwise. 7. Interpretation. All general provisions, terms, phrases, and expressions contained in the Code of Ordinances shall be liberally construed in order that the true intent and meaning of the Board may be fully carried out. 8. Extension of Authority. Whenever an officer or employee is required or authorized to do an act by a provision of the Code of Ordinances, the provision shall be construed as authorizing performance by a regular assistant, subordinate or a duly authorized designee of said officer or employee. 1.06 AMENDMENTS. All ordinances which amend, repeal or in any manner affect the Code of Ordinances shall include property CHAPTER 1 DALLAS COUNTY, IOWA reference to title, division, chapter, section and subsection to maintain an orderly codification of ordinances of the County. (Code of Iowa, Sec. 331.302 as amended hereafter) 1.07 CATCHLINES AND NOTES. The catchlines of the several sections of the Code of Ordinances, title, headings (chapter, division, section and subsection), editor’s notes, cross references and State law references, unless set out in the body of the section itself, contained in the Code of Ordinances, do not constitute any part of the law, and are intended merely to indicate, explain, supplement or clarify the contents of a section. ---PAGE BREAK--- 5 1.08 ALTERING CODE. It is unlawful for any unauthorized person to change or amend by additions or deletions, any part or portion of the Code of Ordinances, or to insert or delete pages, or portions thereof, or to alter or tamper with the Code of Ordinances in any manner whatsoever which will cause the law of the County to be misrepresented thereby. (Code of Iowa, Sec. 718.5 as amended hereafter) 1.09 STANDARD PENALTY. Unless another penalty is expressly provided by the Code of Ordinances for any particular provision, section or chapter, any person failing to perform a duty, or obtain a license required by, or violating any provision of the Code of Ordinances, or any rule or regulation adopted herein by reference shall be guilty of a simple misdemeanor and, upon conviction, be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment not to exceed thirty (30) days. (Code of Iowa, Sec. 331.302 as amended hereafter) 1.10 SEVERABILITY. If any section, provision or part of the Code of Ordinances is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the Code of Ordinances as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.