§ 1-3. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances and resolutions passed by the city, the following rules of construction and definitions shall be observed, unless inconsistent with the manifest intent of the city council or the context of the ordinances, resolutions or sections of this Code:

    Bond. When a bond is required, an undertaking in writing shall be required.

    City. The words, "the city" or "this city" shall mean the City of Muscle Shoals, Alabama.

    City officers and departments. Whenever reference is made to an officer or a department, the reference shall be construed as if followed by the words "of the City of Muscle Shoals, Alabama." Reference to a specific officer shall include his authorized deputies, agents and representatives.

    Code of Ala. 1975. Whenever reference is made to "Code of Ala. 1975," it shall mean the Code of Alabama 1975, as amended.

    Computation of time. The time in which an act is to be done must be computed by excluding the first and including the last day; and if the last day is Sunday, that day shall be excluded.

    State Law reference— Similar provisions, Code of Ala. 1975, § 1-1-4; legal holidays, Code of Ala. 1975, § 1-3-8.

    Corporation. The words "the corporation" shall mean the city as defined above.

    Council, city council. "Council" or "city council" means the city council of the City of Muscle Shoals, constituting the governing body of the city.

    County. The words "the county" or "this county" shall mean the County of Colbert, Alabama.

    Gender. Words used in the masculine gender include the feminine and neuter as well.

    Month. The word "month" means a calendar month, unless otherwise expressed.

    Number. The singular includes the plural and the plural the singular.

    Oath. The word "oath" shall be construed to include 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."

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

    Pavement. "Pavement" means a strip of land in front of or on the sides of a house or lot of land, covered with brick, flat stone or other material, natural or artificial.

    Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

    Personal property. The term "personal property" includes every species of property except real property, as defined in this section.

    Preceding, following. The words "preceding" and "following" mean respectively next before and next after.

    Property. The word "property" includes real, personal and mixed property.

    Public place. The term "public place" shall mean any park, cemetery, schoolyard or open space adjacent thereto and any lake or stream.

    Real property. The term "real property" includes lands, tenements and hereditaments.

    Shall, may. The word "shall" is mandatory; the word "may" is permissive.

    Sidewalk. The word "sidewalk" means a strip of land in front of or on the sides of a house or lot of land, covered with fine gravel and sand, brick or stone, or other material, or graded, or otherwise divided and distinguished from the street or avenue, and intended for pedestrians.

    Signature or subscription. A signature or subscription includes a mark when the person cannot write, his name being written near it, and being witnessed by a person who writes his own name as a witness.

    State. The words "the state" or "this state" shall be construed to mean the State of Alabama.

    Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.

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

    Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

    Year. The word "year" means a calendar year, unless otherwise expressed.

    Any word, term, or expression otherwise defined within any chapter, or part of a chapter, shall have the meaning attached to it within that chapter or part of a chapter.

(Code 1979, § 1-2)