§ 1-2. Definitions and rules of construction.

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 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.

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

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.

Advise and consent of the council. Advise and consent of the council shall mean an affirmative vote of the majority of the entire city council.

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

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(5).

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

City council and council. The terms "city council" and "council" mean the City Council of the City of Woodstock, Georgia.

Code. The term "Code" means the Code of Woodstock, Georgia, as designated in section 1-1.

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.

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

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:

(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 Cherokee County, Georgia.

Court. The term "court" shall mean the municipal court of the city.

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.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(8).

Gender. Words of one gender includes all other genders.

State Law reference— Gender, O.C.G.A. § 1-3-1(4).

Governing authority and governing body. The terms "governing authority" and "governing body" shall mean the city council of the City of Woodstock, Georgia.

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.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(5).

Judge. The term "judge" shall mean the judge of the municipal court of the city.

Keeper and proprietor. The terms "keeper" and "proprietor" mean and include persons, whether acting by themselves or acting as a servant, agent or employee.

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

State Law reference— Definition of "may," O.C.G.A. § 1-3-3(10).

Mayor. The term "mayor" shall mean the mayor of the City of Woodstock, Georgia.

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

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(11).

Municipality. The term "municipality" shall be synonymous with the term "city," "town" or "municipal corporation."

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

Number. The singular and plural number include the other, unless expressly excluded.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(6).

Oath. The term "oath" includes an affirmation.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(12).

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

Officials, employees, boards, commissions or other agencies. 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.

Ordinance. The term "ordinance" shall mean a legislative act of the municipal governing body of a general and permanent nature.

Other officials or officers, etc. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "city clerk," "street superintendent," etc., they shall be deemed to refer to the officials, boards, commissions and departments of the City of Woodstock, Georgia.

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, partnership or body politic and corporate, as well as an individual.

State Law reference— Definition of "person," O.C.G.A. § 1-3-3(14).

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

Preceding. The term "preceding" means next before.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(15).

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

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(16).

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.

Reasonable time or notice. The term "reasonable time or notice" shall mean such time as may be necessary for the prompt performance of the act required.

Resolution. The term "resolution" shall mean a legislative act of the municipal governing body of a special or temporary character.

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 and subscription. The terms "signature" and "subscription" include the mark of an illiterate or infirm person.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(19).

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

Street and road. The terms "street" and "road" include any street, avenue, boulevard, road, alley, lane, viaduct and any other public highway in the city, including, but not limited to, the paved or improved surfaces thereof.

Tenant and occupant. The terms "tenant" and "occupant," applied to a building or land, include 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. Words used in the past or present tense include the future, as well as the past and present.

State Law reference— Tense of words, O.C.G.A. § 1-3-1(7).

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.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(23).

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

State law reference

Similar provisions, O.C.G.A. § 1-3-3(24).