§ 1-2. Definitions and rules of construction.
The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Generally. 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.
And/or. The term "and" may be read as "or," and the term "or" may be read "and" where the sense requires it.
Bond. The term "bond" means an obligation in writing, binding the signatory to pay a sum certain upon the happening or failure of an event.
Building. The term "building" means any structure intended to have walls and a roof.
Business. The term "business" means any profession, trade, occupation and any other commercial enterprise conducted for monetary reward.
Chapter, article, division, subdivision, section, subsection. Unless otherwise indicated in the context, reference in this Code to chapters, articles, divisions, subdivisions, sections or subsections shall mean chapters, articles, divisions, subdivisions, sections or subsections of this Code.
State Law reference— Similar provision regarding state statutes, Code of Ala. 1975, § 1-1-15.
City, the city. The term "city" or "the city" means the City of Gardendale, Alabama.
City officials, officers and employees. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "mayor," "city clerk," "planning commission," "chief of police," or any other such designation, such references shall be deemed to be to the officials, boards, commissions, departments, etc., of the city; and the powers and authority granted to them shall be deemed to be grants of such powers and authority to their respective designated subordinates.
Code. Whenever the term "Code" is used without further qualification, it means the "Code of Ordinances, City of Gardendale, Alabama," as designated in section 1-1.
Code of Alabama. Whenever reference is made to the "Code of Alabama" or the "Alabama Code," it means the Code of Alabama, 1975, as amended, or any subsequent code of this state.
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 a Sunday or legal holiday, that shall be excluded.
Corporation. The term "the corporation" means the city, unless the context is clear that a private corporation or other private legal entity (e.g., LLC, partnership, etc.) is the legal entity at issue, and not the municipal corporation of the city.
Council. The term "council" or "city council" means the city council of the City of Gardendale, Alabama.
County, the county. The term "county" or "the county" means the County of Jefferson, Alabama.
Definitions. The definitions given within a chapter or article shall apply only to words or phrases used in such chapter or article, unless otherwise provided.
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, unless a more limited intent is disclosed in the context.
Joint authority. All words giving joint authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, 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 the term "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.
Licensee. The term "licensee" means any person to whom a city license is issued.
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.
Number. A word importing the singular may extend and be applied to the plural as well as to the singular number and vice versa.
Oath. The term "oath" includes affirmation in all cases where by law an affirmation may be substituted for an oath. If any oath or affirmation is required to be taken, such oath or affirmation shall be taken before and administered by some officer authorized by law to administer oaths, at the place where the same is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer.
Occupant. The term "occupant" means the tenant or person in actual possession.
Operate. The term "operate" means to carry on, keep, conduct, maintain, manage, direct or superintend.
Owner. The term "owner" includes not only the owner of the whole but any part owner, joint tenant, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of any property.
Person. The term "person" extends and applies to associations, clubs, societies, firms, partnerships, trustees, agents and bodies politic, or any combination thereof, as well as to natural persons.
Personal property. The term "personal property" includes every species of property except real property, as defined in this section.
Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively.
Premises. The term "premises," as applied to real property, includes land and structures.
Real property, real estate, land, lands. The terms "real property," "real estate," and "land," include lands, tenements and hereditaments.
Shall. The term "shall" is to be construed as being mandatory.
Sidewalk. The term "sidewalk" means that portion of a street between the curbline, or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.
Signature or subscription. The term "signature" or "subscription" includes a mark when the person is unable to write their name if the person's name is written near the mark and is witnessed by a person who writes his own name as a witness.
State Law reference— As to proof of mark in a conveyance, Code of Ala. 1975, § 35-4-2.
State, this state. The term "state" or "this state" means the State of Alabama.
Street. The term "street" means any alley, avenue, boulevard, highway, road, lane, viaduct 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 public records are silent, the term "street" shall embrace all of the area between the off-street edge of the sidewalk or walkway on each side of the street, including the grassplots or other divisional areas lying between the sidewalk or walkway and street.
Tenant, occupant. The term "tenant" or "occupant," as applied to a building or land, includes:
(1)
Any person holding either alone or with others a written or oral lease of such building or land.
(2)
Any person who either alone or with others occupies such building or land.
Tense. Words used in the past or present tense include the future as well as the past and present.
Week. The term "week" means a period of seven consecutive days.
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 term "year" means a calendar year.
(Code 1994, § 1-2)