The following definitions shall apply throughout the Code, except where explicitly provided therein to the contrary or where such application would be manifestly inconsistent with the plain intent of the Town Council. Additional definitions applying to individual sections or articles are set out therein. For any terminology which is used in this Code and is not expressly defined, reference shall first be made to definitions in the Colorado Criminal Code and, if the terminology is not suitably defined therein, such terminology shall be construed as being used in its ordinary, usual and accepted sense and meaning:

Code means the Telluride Municipal Code as published and subsequently amended, unless the context requires otherwise.

Council means the Town Council of the Town.

County means the County of San Miguel, Colorado.

Governmental function means any activity which a public servant is legally authorized to undertake on behalf of the State or any duly authorized subdivision thereof.

Interest: Whenever an interest rate is not explicitly set out by any Code provision, the rate of interest or of reasonable interest shall be equal to the interest rate on a ten-thousand-dollar certificate of deposit generally offered by a local bank as of the date the principal became due. The rate shall be effective for one (1) year. It shall be changed annually to the interest rate offered on the certificates on the date one (1) year subsequent to the date in respect to which the former interest rate was computed. If no such certificates were available at the bank on the date specified, the rate of interest shall be computed from the interest rate offered on such certificates by the nearest bank offering such certificates. If such certificates were not available at any bank, then the interest rate shall be fifteen percent (15%).

Law denotes applicable federal law, the Constitution and statutes of the State of Colorado, the ordinances of the Town and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

May is permissive.

Month means a calendar month.

Must and shall are both 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.

Ordinance means a law of the Town, provided that an administrative action, order or directive may be in the form of a resolution.

Owner, applied to a building, land, motorized vehicle, animal or other real or personal property, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety or any other person with a possessory interest in the whole or a part of said building, land, motor vehicle, animal or other real or personal property.

Permission refers to any kind of authorization, permit or approval given by any agent or agency of the Town which is authorized to give such to any person. It includes but is not limited to a building permit, plumbing permit, zoning permit, sign permit or other permits issued under this Code, a certificate or temporary certificate of appropriateness, a conceptual approval, a hazard area approval, the approval of an application for a use permitted on review or for a variance, a certificate of occupancy or any license.

Person means natural person, joint venture, joint stock company, partnership, association, club, company, firm, corporation, business, trust or organization, or the manager, lessee, agent, servant, officer or employee of any of them.

Personal property includes money, goods, chattels, things in action and evidences of debt.

Preceding and following mean next before and next after, respectively.

Property includes real and personal property.

Public place means any place to which the public, or a substantial number of the public, has access. This includes but is not limited to public rights-of-way for vehicles or pedestrians, transportation facilities, schools, places of amusement, parks, playgrounds and common areas of public and private buildings and facilities.

Public servant means any officer or employee of the State or any duly authorized subdivision thereof, whether elected or appointed, and any person participating as an advisor, consultant, process server or otherwise, in performing a governmental function. The term does not include witnesses.

Real property includes lands, tenements and hereditaments.

Sidewalk means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

State means the State of Colorado.

Street includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the Town 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, includes any person who occupies all or a part of such building or land, whether alone or with others.

Town and Municipality mean the Town of Telluride, Colorado, or the area within the territorial limits of the Town of Telluride, and such territory outside of the Town over which the Town has jurisdiction or control by virtue of any constitutional or statutory provision.

Utility means any enterprise which provides gas, sewer, electricity, steam, water, transportation or communication services (including but not limited to television, radio and telephone), and includes any carrier, pipeline, transmitter or source, whether owned and operated publicly or privately.

Written or in writing includes printed, typewritten, mimeographed, multigraphed, any representation of words, letters, symbols or figures, or otherwise reproduced in permanent visible form.

Year means a calendar year. (Prior code 1.04.020; Ord. 1288 §1, 2008)