§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances, the rules of construction and definitions set out in this section shall be observed. The rules of construction and definitions set out in this section shall not be applied to any section of this Code which shall contain any express provisions excluding such construction or where the subject matter or context of such section may be repugnant thereto.

    Generally. The ordinary signification shall be applied to all words, except words of art or words connected with a particular trade or subject matter when they shall have the signification attached to them by experts in such trade or with reference to such subject matter. In all interpretations the courts shall look diligently for the intention of the city council, keeping in view, at all times, the old law, the evil and the remedy. Grammatical errors shall not vitiate, and a transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands.

    Liberal construction; minimum requirements; overlapping provisions. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. In the interpretation and application of any provision of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than the other provisions of this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. The specific controls over the general.

    As soon as possible. The term "as soon as possible" means within a reasonable time, having due regard to all the circumstances.

    City. The term "city" means the City of Springfield, Georgia.

    City council. The term "city council," or "council" means the governing authority of the city.

    Code. The term "Code" means "The Code of the City of Springfield, Georgia," as designated in section 1-1. The Code consists of subparts A and B.

    Computation of time. When a number of days is prescribed for the exercise of any privilege or the discharge of any duty, only the first or last day shall be counted. If the last day shall fall on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise such privilege or to discharge the duty. When the last day prescribed for such action shall fall on a public or legal holiday as set forth in state law, the party having such privilege or duty shall have through the following business day to exercise such privilege or to discharge the duty. When the period of time prescribed is less than seven days, an intermediate Saturday, Sunday and legal holiday shall be excluded in the computation.

    Conjunctions. Where a provision involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows, provided in appropriate cases the terms "and" and "or" are interchangeable:

    (1)

    The term "and" indicates that all the connected items, conditions, provisions or events shall apply.

    (2)

    The term "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

    (3)

    The term "either … or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.

    County. The term "county" means Effingham County, Georgia.

    Delegation of authority. Whenever a provision appears requiring a city officer or city employee to do some act, it is to be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the required act.

    Following. The term "following" means next after.

    Gender. Terms of one gender include all other genders.

    Joint authority. A joint authority given to any number of persons or officers may be executed by a majority of them, unless it is otherwise declared.

    May. The term "may" is to be construed as being permissive.

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

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

    Number. Terms used in the singular include the plural. Terms used in the plural include the singular.

    Oath. The term "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 terms "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

    Officials, officers, etc. Whenever reference is made to officials, employees, boards, commissions or other agencies by title only, the reference refers to the officials, employees, boards, commissions or other agencies of the city.

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

    Person. The term "person" includes any association, club, society, firm, corporation, limited liability company, partnership or body politic and corporate, as well as an individual.

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

    Preceding. The term "preceding" means next before.

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

    Public place. The term "public place" includes any place that the public is invited or permitted to go or congregate.

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

    Shall. The term "shall" is to be construed as being mandatory.

    Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

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

    State. The term "state" means the State of Georgia.

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

    Tenant or occupant. The term "tenant" or "occupant," applied to a building or land, includes any person holding a written or oral lease of or who occupies the whole or a part of a building or land, either alone or with others.

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

    Week. The term "week" means seven days.

    Will. The term "will" is to be construed as being mandatory.

    Writing. The term "writing" includes printing and all numerals.

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

State law reference

Definitions, O.C.G.A. § 1-3-1 et seq.