§ 1-2. Definitions and rules of construction.  


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  • In the construction of this Code, and of all ordinances, the following rules shall be observed; provided, these rules of construction shall not be applied to any section of this Code or any ordinance which contains any express provision excluding such construction or where the subject matter or content of such section may be repugnant thereto:

    General rule. All words and phrases shall be construed and understood according to the common and approved usage of the language, but 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.

    City. The word "city" shall mean the City of Opp in the County of Covington in the State of Alabama, incorporated under the laws of the State of Alabama.

    City officials, officers and employees. Whenever reference is made to officials, boards, commissions, departments, officers or employees by title only, this shall be construed as though followed by the words "of the City of Opp" and shall be taken to mean the official, board, commission, department, officer or employee of this city having the title mentioned or performing the duties indicated; and powers and authority granted to them shall be deemed to be grants of such powers and authority to their respective duly designated subordinates.

    Code of Alabama. Whenever reference is made to the "Code of Alabama" or the "Alabama Code" it shall mean the Code of Alabama 1975, as amended, or any subsequent code of this state.

    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 computed 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 which is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

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

    Council, city council, governing body. The terms "council," "city council" and "governing body" shall mean the city council of the City of Opp, Alabama.

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

    Gender. When any subject matter, party or person is described or referred to by words importing one gender, the other gender shall be deemed to be included.

    In the city or within the city. The phrases "in the city" or "within the city" shall mean within the corporate limits of the city.

    Joint authority. All words giving joint authority to three (3) or more persons or officers, shall give such authority to a majority of such persons or officers, unless it is otherwise declared.

    Jurisdiction. All provisions of this Code and other laws and ordinances of the city prescribing police or sanitary regulations and prescribing penalties for violations thereof, shall have force and effect in the corporate limits of the city and in the police jurisdiction thereof and on any property or rights-of-way belonging to the city, except those provisions, laws and ordinances which specifically limit their force and effect to the corporate limits, or which, for any reason mentioned under the definition of "city" in this section, cannot legally apply in any such area outside of the corporate limits.

    State Law reference— Under Code of Ala. 1975, § 11-52-30, city planning commission jurisdiction over the subdivision of land extends five miles from the city, with exceptions.

    May. The word "may" is permissive.

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

    Number. When any subject matter, party or person is described or referred to by words importing the singular number, the plural and separate matters and persons and bodies corporate shall be deemed to be included. Words used in the singular include the plural, and the plural includes the singular.

    Oath. The word "oath" includes affirmation.

    Or, and. The word "or" may be read "and" and the word "and" may be read "or," where the sense requires it.

    Owner. The word "owner" shall include not only the owner of the whole, but the owner of any part of the property, any tenant in common or joint tenant of the whole or a part of property.

    Person. The word "person" shall include a corporation, firm, partnership, association, organization, body politic and any other group acting as a unit as well an individual.

    Police jurisdiction. The term "police jurisdiction" shall include the territory outside, but within one and one-half miles of, the corporate limits of the city, but such term does not include territory within the corporate limits of any other incorporated municipality or the police jurisdiction thereof.

    State Law reference— Police jurisdiction, Code of Ala. 1975, § 11-40-10.

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

    Property. The word "property" shall include real and tangible and intangible personal property.

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

    Reasonable time. In all cases where any provision shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.

    Shall. The word "shall" is mandatory.

    Sidewalk. The word "sidewalk" shall mean any portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

    Signature or subscription. The word "signature" or "subscription" shall include a mark when a person cannot write.

    State. The words "the state" or "this state" shall 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 ways in the city, and shall embrace all parts thereof within the designated right-of-way. In those instances where the context requires, the word shall embrace only the area between the opposite curbs or curblines designated for vehicular traffic.

    Tense. Words used in the present, future or past tense shall include each of the other tenses.

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

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

State law reference

For state law as to definitions and construction of words, see Code of Ala. 1975, §§ 1-1-1, 1-1-2.