§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances of the city, the following definitions and rules of construction shall be applied, unless any such application is inconsistent with the manifest intent of the city council or the context clearly requires otherwise.

    Generally. In the interpretation and application of any provision, it shall be held to state the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision imposes greater restrictions upon the subject matter than other provisions of the Code, the provision imposing the greater restriction or regulation shall be controlling.

    City. "City" means the City of Cartersville, Georgia.

    Code. "Code" means the Code of Ordinances of the City of Cartersville, Georgia, as designated in section 1-1.

    Computation of time. The time within which any act is to be done, as provided in any provision of this Code or in any order issued pursuant to any provision of this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day be Sunday it shall be excluded; and when any such time is expressed in hours the whole of Sunday, from midnight to midnight shall be excluded.

    Council or city council. "Council" or "city council" means the City Council of the City of Cartersville, Georgia.

    County. "County" means Bartow County, Georgia.

    Gender. A word importing the masculine gender only shall extend and be applied to females and to entities lacking gender as well as to males.

    Joint authority. All words purporting to give a joint authority to three (3) or more city officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it shall be otherwise expressly declared in the provisions giving the authority.

    May. The word "may" shall be construed as being permissive and not mandatory.

    Must. The word "must" shall be construed as being mandatory.

    Number. Words used in the singular shall include the plural, and words used in the plural shall include the singular.

    Oath. "Oath" includes an affirmation 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."

    Officials or officers, etc. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, e.g., "city clerk," "chief of police," they shall be deemed to refer to the officials, boards, commissions, departments, etc., of the city.

    Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

    Person. The word "person" shall extend and be applied to firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, as well as to individuals.

    Shall. The word "shall" shall be construed as mandatory.

    Shall have been. The words "shall have been" include past and future cases.

    Signature, subscription. "Signature" or "subscription" means the mark of a person who cannot write.

    State. "State" means the State of Georgia.

    Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public streets and ways in the city and all parts thereof constituting the designated rights-of-way.

    Superior court. "Superior Court" means the Superior Court of Bartow County, Georgia.

    Technical and nontechnical words. All words and phrases shall be construed and understood according to the common or standard usage of the language. 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.

    Tense. Words used in the present or past tense include the future as well as the present and past.

(Code 1976, § 1-1002)