§ 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the mayor and board of aldermen:

Generally. 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 mayor and city council may be fully carried out.

Board of aldermen, board, governing authority. The term "board of aldermen" or "board" or "governing authority" means the board of aldermen of the Town of Gramercy, Louisiana.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

C.C. The abbreviation "C.C." refers to the Louisiana Civil Code, as amended.

C.C.P. The abbreviation "C.C.P." refers to the Louisiana Code of Civil Procedure, as amended.

C.Cr.P. The abbreviation "C.Cr.P." refers to the Louisiana Code of Criminal Procedure, as amended.

Ch.C. The abbreviation "Ch.C." refers to the Louisiana Children's Code, as amended.

Chief of police. Whenever reference is made to the chief of police, it shall be construed to mean the town marshal.

Code. Whenever the term "Code" or "this Code" is referred to without further qualification, it shall mean the Code of Ordinances, Town of Gramercy, Louisiana, as designated in section 1-1. Unless otherwise indicated in the context, references in this Code to chapters, articles, divisions or sections shall mean chapters, articles, divisions or sections of this Code. Whenever any reference is made to any portion of this Code or to any other ordinance, the reference applies to all amendments thereto, now or hereafter made.

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, and the day on which such proceeding is to be had shall not be counted.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows, except that in appropriate cases the terms "or" and "and" are interchangeable:

(1)

"And" indicates that all the connected terms, conditions, provisions or events apply.

(2)

"Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

"Either…or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

Day. The term "day" means a calendar day of 24 hours.

Delegation of authority. Whenever a provision appears requiring the head of a department of the city to do some act or make certain inspections it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.

Gender. Words used in one gender shall apply also to the other genders, except as otherwise clearly indicated by the context.

State Law reference— Similar provisions, R.S. 1:8.

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. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

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

Must. The word "must" shall be construed as being mandatory.

Nontechnical and technical words. Words and phrases shall be construed according to the common and accepted 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. Words used in the singular number include the plural, and the plural includes the singular.

State Law reference— Similar provisions, R.S. 1:7.

Oath. The term "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 terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

Officers, employees, departments, boards, commissions or agencies. Whenever reference is made to officers, employees, departments, boards, commissions or agencies by title only, such as "mayor," "board of aldermen," "clerk," "planning commission," etc., the references shall be read as though followed by the phrase "of Gramercy, Louisiana."

Parish. The term "the parish" or "this parish" means the Parish of St. James, Louisiana.

State Law reference— Parishes and parish boundaries, R.S. 50:221 et seq.

Person. The term "person" includes any natural person, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust or organization of any kind.

State Law reference— "Person" defined, R.S. 1:10, 47:2.

Property. The term "property" includes real and personal property, public and private property, movable and immovable property and corporeal and incorporeal property.

State Law reference— "Property" defined, R.S. 14:2.

R.S. The abbreviation "R.S." means the official Revised Statutes of Louisiana, as now or hereafter amended.

Shall, may. The term "shall" is mandatory, and the term "may" is permissive.

Signature or subscription. The term "signature" or "subscription" includes a mark when the person cannot write.

State. The term "the state" or "this state" means the State of Louisiana.

Street. The term "street" means the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels and ferries; it is synonymous with the term "highway."

State Law reference— "Street" defined, R.S. 32:1.

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

Town. The term "the town" or "this town" shall be construed as if the phrase "of Gramercy" followed it and shall extend to and include any agency, board, commission, department, officer, agent or employee of the town.

Week. The term "week" means seven days.

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

(Code 1969, § 1-2; Code 1997, § 1-2)