§ 1-2. Definitions and rules of construction.
(a)
In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the governing body:
City. The words "the city" or "this city" shall be construed as if the words "of Vidalia, Georgia" followed it.
Computation of time. Except as otherwise provided by time period computations, 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 the O.C.G.A. § 1-4-1, as amended, 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 (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
State Law reference— Similar provisions, O.C.G.A. § 1-3-1(d)(3).
Council, city council, mayor and council, governing body. Whenever the words "council," "city council," "mayor and council" or "governing body" are used, it shall mean the governing body of this city.
County. The words "the county" or "this county" shall mean the County of Toombs or the County of Montgomery, as the case may be.
Delegation of authority. Whenever a provision appears requiring an officer or head of a department of the city to do some act or make certain inspections it is to be construed to authorize the officer or 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.
Family unit. A family unit shall be the head of a household and any dependents living within that household.
Gender. A word importing one gender shall extend and be applied to the other genders, except where inappropriate.
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 another general provision imposed by the Code, the provision imposing the greater or more stringent restriction or regulation shall be deemed to be controlling.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include the persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
Limits, corporation. The words "limits" or "corporation" shall mean the corporate limits of the city, the legal boundary of the city.
Mayor. Whenever the word "mayor" is used it shall mean the mayor of this city.
Month. The word "month" shall mean a calendar month.
Municipal court judge or recorder. The terms "municipal court judge" or "recorder" means the municipal court judge who presides over the municipal court of the city.
Name of officer. Whenever the name of an officer is given in this Code or in any ordinance or code referred to or adopted in this Code, it shall be construed as though the words "of the City of Vidalia, Georgia" were added.
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. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
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".
Or, and. "Or" may be read "and" and "and" may be read "or", if the sense requires it.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
Personal property. The term "personal property" shall include every species of property except real property, as herein defined.
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, school yard or open space adjacent thereto, or any area available or accessible to the public.
Real property. The term "real property" shall include lands, tenements and hereditaments.
Residence. The term "residence" shall be construed to mean the place adopted by a person as such person's place of habitation, and to which, whenever such person is absent, such person 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 such person's residence.
Seal. The word "seal" shall mean the city seal, the seal of the corporation.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
Signature or subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write.
State. The words "the state" shall be construed to mean the State of Georgia.
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city, and shall include the area between the right-of-way lines thereof.
Tenant, occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such 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.
Week. The word "week" shall be construed to mean a calendar week.
Written or in writing. The terms "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Year. The word "year" shall mean a calendar year.
(b)
The same rules shall be applied in construing ordinances of this city as are applied in construing the statutes of this state, which rules are found in O.C.G.A. § 1-3-1 et seq., as amended, and the same meanings are to be given words found in the ordinances as are given similar words found in the statutes of this state.
(Code 1968, §§ 1-2, 1-4; Ord. of 8-12-13 )