Sec. 1-2Definitions and rules of construction

In the construction of this Code and of all ordinances and resolutions, the following definitions and rules of construction shall govern unless such construction would be inconsistent with the manifest intent of the city council:

Bond. When a bond is required by law, an undertaking in writing, without seal, is sufficient; and in all bonds where the names of the obligors do not appear in the bond, but are subscribed to the bond, they shall be bound by the bond.

Charter. The term "Charter" shall mean the Charter of the City of Ashburn, Georgia.

City. The term "city" shall mean the City of Ashburn, Georgia.

City council or council. The term "city council" or "council" shall mean the city council of Ashburn, Georgia.

Code. The term "code" shall mean the Code of the City of Ashburn, Georgia, as designated in section 1-1.

Computation of time. Except as otherwise provided by time period computations specifically applying to other laws, 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 party 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.

Corporate limits. The term "corporate limits" shall mean the corporate limits of the City of Ashburn.

County. The term "the county" or "this county" shall mean the County of Turner.

Court. The term "court" shall mean the municipal court provided by law for the punishment of offenders against the laws or ordinances of the city, whether the court shall be the court now constituted or a court hereafter established pursuant to law.

Delegation of authority. Whenever a provision requires the head of a department or an official of the city to do some act or perform some function, it shall be construed to authorize the head of such department or the official to designate, delegate and authorize subordinates to do the required act or perform the required function unless the terms of the provisions designate otherwise.

Gender. The masculine gender shall include the feminine and neuter.

Interpretation. In the interpretation and application of any provision of this Code, 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 the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

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.

Month, year. The terms "month" and "year" shall mean calendar month and calendar year unless otherwise provided.

Names of officers, departments. The name or title of any officer or department shall be read as though the words "of the City of Ashburn" were added.

Nontechnical and technical words. The ordinary significance shall be applied to all words, except words of art, or words connected with a particular trade or subject matter, in which case they shall have the significance attached to them by experts in such trade, or with reference to such subject matter.

Number. The singular or plural number shall each include the other, unless expressly excluded.

Oath. The term "oath" shall include affirmation.

O.C.G.A. The abbreviation "O.C.G.A." shall mean the Official Code of Georgia Annotated, as amended.

Or, and. The term "or" may be read "and," and the term "and" may be read "or" if the sense requires it.

Person. The term "person" shall extend and be applied to firms, partnerships, associations, organizations, corporations and bodies politic, or any combination, as well as to natural persons.

Preceding, following. The terms "preceding" and "following" shall mean generally next before and next after unless the context requires a different significance.

Property. The term "property" shall include real and personal property.

Shall, may. The term "shall" is always mandatory and not merely directory; the term "may" is permissive.

Signature or subscription. A signature or subscription shall include the mark of all illiterate or infirm persons.

State. Whenever the term "state," "the state" or "this state" is used, it shall refer to the State of Georgia.

Street. The term "street" shall include streets, sidewalks, avenues, boulevards, roads, alleys, lanes and all other public highways in the city unless otherwise provided.

Substantial compliance. A substantial compliance with any requirement of this Code or ordinances amendatory of this Code, especially on the part of public officers, shall be deemed and held sufficient; and no proceeding shall be declared void for want of such compliance unless expressly so provided.

Tense. The present or past tense shall include the future.

Writing. The term "writing" shall include printing and all numerals, and also pictures, illustrations, and printed or written designs.

History: (Code 1983, § 1-2)

State Law reference— Statutory definitions and rules of construction, O.C.G.A. § 1-3-1 et seq.; computation of time, O.C.G.A. § 1-3-1; construction of definitions, O.C.G.A. § 1-3-2; meaning of certain words, O.C.G.A. § 1-3-3; time, O.C.G.A. § 9-11-6.