§ 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 inconsistent with the manifest intent of council or the context clearly requires otherwise.

Advice and consent. The term "advice and consent" of the city council means an affirmative vote of the majority of the entire council.

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

City. The term "the city" shall mean the City of Mountain Park in the Counties of Fulton and Cherokee in the State of Georgia, except as otherwise provided.

City council, council, and mayor and council. The terms "city council" or "the council" or "mayor and council" shall mean the governing body of the City of Mountain Park, Georgia.

Code. The term "Code" shall mean The Code of the City of Mountain Park, 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.

County. The terms "county" and "the county" shall mean the Counties of Fulton and/or Cherokee, State of Georgia.

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 importing the masculine gender shall include the feminine and neuter.

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

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

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

Names of officers and departments. The name or title of any officer or department shall be read as though the words "of the City of Mountain Park" were added to such name or title.

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. Words used in the singular include the plural, and the plural includes the singular number.

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."

O.C.G.A. The abbreviation "O.C.G.A." means 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.

Owner. The term "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 term "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

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

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

Premises. Whenever the term "premises" is used, it shall mean place or places.

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

Public place. The term "public place" shall mean any park, cemetery, schoolyard or adjacent open space, or any area available and/or accessible to the public, regardless of whether privately or publicly owned.

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 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.

Schedule of fees and charges. The term "schedule of fees and charges" shall mean the official consolidated list maintained in the city clerk's office, which lists rates for utility or other public enterprises, fees of any nature, deposit amounts and various charges as determined by the city council.

Seal. The term "seal" shall mean the city seal.

Shall, may. "Shall" is mandatory; "may" is permissive.

Sheriff. The term "sheriff" shall mean the sheriff of Fulton County and/or Cherokee County, Georgia.

Sidewalk. The term "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, but shall not include any unimproved areas between the curbline and improved walkways.

Signature and subscription. The terms "signature" and "subscription" shall include a mark when the person cannot write.

State. The term "state" or "the state" shall mean the State of Georgia.

Street. The term "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct or bridge and their approaches within the city.

Tenant and occupant. The terms "tenant" and "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.

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

Week. The term "week" shall be construed to mean a calendar week of seven days.

Written and in writing. The terms "written" and "in writing" shall include printing and any other mode of representing words and letters.

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

(Code 1982, § 1-1-2)

State law reference

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.