§ 1-2. Definitions and rules of construction.

The following definitions and rules of construction shall apply to this Code, and all ordinances and resolutions of the city, unless the context clearly indicates otherwise:

Generally. All provisions shall be liberally construed to effectuate their purposes. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the city council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. Provisions shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. In the event of conflicts between provisions the more stringent provision controls. It is intended that no provision of this Code conflict with any federal or state law intended to preempt municipal jurisdiction with respect to the subject matter contained in this Code and the provisions of this Code shall be construed, whenever possible, to avoid such conflict.

Acts. References to acts are to acts of the Alabama Legislature, as published in the Acts of Alabama. Acts passed after 1978 are referenced to the act number, which number includes the last two digits of the year of enactment. All other acts are referenced to act number and year of enactment. All references to acts are followed by a parenthetical reference to the page number in the Acts of Alabama upon which the act begins. The page number reference is for information purposes only. All references to acts are to such acts as amended.

Alabama Code or Code of Alabama or Code of Ala. 1975. The term "Alabama Code," "Code of Alabama" or "Code of Ala. 1975" shall mean the Code of Alabama, 1975, as now or hereafter amended. Any reference to an act found in the Code of Alabama, 1975, by short title, is a reference to such act as amended.

City, town. The term "the city" or "this city" or "the town" or "this town" means the City of Weaver, Alabama.

Code. The term "this Code" or "the Code" means the Code of Ordinances, City of Weaver, Alabama.

Computation of time. In computing any period of time, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so designated shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either . . . or" the conjunction shall be interpreted as follows:

(1)

"And" indicates that all the connected terms, conditions, provisions or events apply.

(2)

"Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

"Either . . . or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

Council. The term "city council" or "council" means the city council of the City of Weaver, Alabama.

County. The term "the county" or "this county" means the County of Calhoun, Alabama.

Delegation of authority. A provision that authorizes or requires a city officer or city employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Governing authority or governing body. The term "governing authority" or "governing body" means the mayor and city council of the City of Weaver, Alabama.

Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.

May. The term "may" is to be construed as being permissive and not mandatory.

May not. The term "may not" states a prohibition.

Month. The term "month" means a calendar month.

Must. The term "must" is to be construed as being mandatory.

Number. Singular terms include the plural if the context requires or admits.

Oath. The term "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

Officer or agency. Designation of an officer or agency, without qualifying words, shall refer to such officer or agency of the city.

Owner. The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

Person. The term "person" includes any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

Personal property. The term "personal property" includes every species of property except real property.

Property. The term "property" includes real and personal property.

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

Signature or subscription. The term "signature" or "subscription" includes a mark when the person cannot write.

State. The term "the state" or "this state" means the State of Alabama.

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

Time. All references to the time of day or night are based upon the prevailing standard of time, Central Standard Time or Central Daylight Time, observed during that time of the year in the city.

Week. The term "week" means a period of seven consecutive days.

Writing. The term "writing" or "written" includes printing on paper.

Year. The term "year" means a calendar year.

State law reference

Similar rules of statutory construction, Code of Ala. 1975, § 1-1-1 et seq.