§ 1-2. Definitions and rules of construction  


Latest version.
  • (a) In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section or ordinance, or unless inconsistent with the manifest intent of the board of aldermen, or unless the context clearly requires otherwise:

    Alderman. The word "alderman" shall mean any person elected to that office, and shall include those persons who hold other offices and who are ex officio.

    Board of aldermen, board. Whenever the term "board of aldermen" or the word "board" is used, unless the context requires otherwise, such term or word shall be construed to refer to the board of aldermen of the City of Doniphan.

    City. The words "the city" shall mean the City of Doniphan in the State of Missouri.

    Code. The term "Code" or "this Code" shall refer to the Code of Ordinances, City of Doniphan, Missouri.

    Code of Ordinances. The term "Code of Ordinances" shall mean the Code of Ordinances, City of Doniphan, Missouri.

    Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Sunday or a legal holiday, that shall be excluded.

    County. The words "the county" or "this county" shall mean Ripley County in the State of Missouri.

    Delegation of authority. Whenever a provision appears in this Code requiring the head of a department of the city to do some act or make certain inspections, it may be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspections unless the term of the provision or section designates otherwise.

    Gender. When any subject matter, party or person is described or referred to by words importing the masculine, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included.

    Intangible personal property. The term "intangible personal property" shall include all personal property except tangible personal property as defined in this section.

    Joint authority. Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons.

    Keeper, proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

    Month. The word "month" shall mean a calendar month.

    Nontechnical and technical words. Words and phrases shall be construed 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 law shall be construed and understood according to such meaning.

    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.

    Oath. The word "oath" shall be construed to 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."

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

    Person. The word "person" shall include a corporation, company, firm, partnership, association, organization, society and any other group acting as a unit, as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine, as to partnerships or associations the word shall include the partners or members thereof, and as to corporations the word shall include the officers, agents or members thereof, who are responsible for any violation of such section.

    Personal property. The term "personal property" includes money, goods, chattels, things in action and evidences of debt.

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

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

    Public place. The term "public place" shall mean any park, cemetery, schoolyard, publically owned real estate, public street or other open space adjacent thereto.

    Public way. The term "public way" shall include any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

    Real property. The terms "real property," "premises," "real estate" or "lands" shall be deemed to be coextensive with lands, tenements and hereditaments.

    Residence. The word "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

    RSMo. The abbreviation "RSMo" shall mean the Revised Statutes of Missouri, as amended.

    Seal. Whenever the word "seal" is used it shall mean the city or corporate seal.

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

    Signature. Where the written signature of any person is required, the proper handwriting of such person or his mark shall be intended.

    State. The words "the state" or "this state" shall mean the State of Missouri.

    Street. The word "street" shall mean the entire width between the lines of every way publicly maintained when any part thereof is open to the uses of the public for purposes of vehicular travel. The word "street" shall include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include every other of them.

    Tangible personal property. The term "tangible personal property" shall include goods, chattels and all similar personal property except intangible personal property as defined in this section.

    Tenant, occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.

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

    Title of officer, etc. Whenever the title of an officer, department, board or commission is given, it shall be construed as though the words "of the City of Doniphan" were added.

    Week. The word "week" shall be construed to mean seven days.

    Writing, written. The words "writing" and "written" shall include printing, lithographing or any other mode of representing words and letters.

    Year. The word "year" shall mean a calendar year.

    (b) 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 board of aldermen may be fully accomplished.

(Code 1975, § 1-2)