§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances of the city, 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 city council, or unless the context clearly requires otherwise:

    Charter. The term "Charter" means the Charter of the City of Chamblee, Georgia.

    City. The terms "the city" and "this city" mean the City of Chamblee, Georgia.

    City limits. The term "city limits" means the legal boundary of the City of Chamblee, Georgia.

    Code. The term "Code" means the Code of Ordinances, City of Chamblee, 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.

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

    County. The term "county" means DeKalb County, a political subdivision of the state, or, in appropriate cases, the governing body thereof.

    County board of commissioners. The term "county board of commissioners" means the DeKalb County board of commissioners.

    Days. The term "days" means calendar days unless otherwise provided, and the term "day" means from 12:00 midnight until the following 12:00 midnight.

    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. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males or any other legal entity when applicable under federal or state law.

    Governor. The term "governor" means the governor of the State of Georgia.

    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.

    Mayor. The term "mayor" means the mayor of the City of Chamblee.

    Month. The term "month" means 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. 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 words "swear" and "sworn" shall be equivalent to the words "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 word "or" may be read as "and," and the word "and" may be read as "or," if the sense requires it.

    Other officials or officers. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "city clerk," "chief of police," etc., it shall be deemed to refer to the officials, boards, commissions, departments, etc., of the City of Chamblee, Georgia.

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

    Person. The term "person" includes a corporation, firm, partnership, association or organization and any other entity acting as a unit, as well as an individual.

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

    Preceding; following. The terms "preceding" and "following" means next before and next after, respectively.

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

    Real property. The term "real property" includes lands, tenements and hereditaments.

    Residence. The term "residence" means 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.

    Right-of-way. The term "right-of-way" means land that is dedicated or otherwise legally established for public use.

    Roadway. The term "roadway" means that portion of a street improved, designed or ordinarily used for vehicular traffic.

    Shall; may. The word "shall" is always mandatory and not merely directory; the word "may" is permissive.

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

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

    Street. The term "street" means and shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public streets and ways in the city, and shall embrace all parts of thereof constituting the designated rights-of-way.

    Tenant. The term "tenant," applied to a building or land, shall include any person who lawfully occupies the whole or 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 the present.

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

    Year. The term "year" means 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; time, O.C.G.A. § 9-11-6.