§ 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 observed, unless they are inconsistent with the manifest intent of the city commission or the context clearly requires otherwise.

    Generally. In the interpretation and application of any provision, it 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 than other provisions, the provision imposing the greater restriction or regulation shall be applicable.

    Advice and consent. "Advice and consent of the city commission" means an affirmative vote of the majority of the entire city commission.

    Charter. "Charter" means the charter of the city.

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

    City commission. "City commission" or "commission" means the city commission of the city.

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

    Computation of time. When a period of time measured in days, weeks, months, years or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted, and if the last day falls on Saturday or Sunday the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in O.C.G.A. § 1-4-1, the person having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

    State Law reference— Similar provisions, O.C.G.A. § 1-3-1(d)(3).

    County. "County" means White County, Georgia.

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

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

    Joint authority. All words purporting to give a joint authority to three 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" is to be construed as being directory and not mandatory.

    Misdemeanor. "Misdemeanor" means any violation of the state criminal law other than a felony.

    Must. "Must" is to be construed as being mandatory.

    Number. Every word importing the singular number only shall extend and be applied to several persons or things as well as to one person or thing, and every word importing the plural number only shall extend and be applied to one person or thing as well as to several persons or things.

    Oath. The word "oath" shall 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.

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

    Person. "Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of this state, any interstate body or any other legal entity.

    Personal property. "Personal property" includes every specie of property except real property.

    Preceding, following. "Preceding" and "following" mean next before and next after, respectively.

    Property. "Property" includes real, personal, and mixed estates and interests.

    Real property. "Real property" includes lands, tenements and hereditaments.

    Reasonable time or notice. "Reasonable time or notice" means only such time as may be necessary for the prompt performance of the act required.

    References to city officials, agencies, etc. References made to officials, boards, commissions, departments, etc., by title only are references to the officials, boards, commissions and departments of this city.

    Shall. "Shall" is to be construed as being mandatory.

    Sidewalk. "Sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, but shall not include any unimproved areas between the curbline and improved walkways.

    Signature, subscription. "Signature" or "subscription" includes a mark intended as such when the person cannot write.

    State. "State" means the State of Georgia.

    Street. "Street" means any public way, road, highway, street, avenue, boulevard, parkway, alley, viaduct or bridge, and the approaches thereto, within the city.

    Technical and nontechnical words. All words and phrases are to 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 are to be construed and understood according to such peculiar and appropriate meaning.

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

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

    Week. "Week" shall mean seven days.

    Writing or written. "Writing" and "written" includes printing and any other mode of representing words and letters.

    Year. "Year" means a calendar year.

(Code 1987, § 1-103)