§ 1-2. Definitions and rules of construction.

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:

Chief of police. The words "chief of police" or "police chief" shall be deemed to include the word "marshal."

City. The words "the city" or "this city" shall mean the City of Carthage, Missouri.

City council. The words "city council" or "the council" shall mean the city council of the City of Carthage, Missouri.

Code. The word "Code" shall mean Code of Carthage, as designated in section 1-1 above.

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. If the last day is Sunday or a legal holiday, it shall be excluded.

State Law reference— Similar provisions, RSMo 1.040.

Corporate limits, corporation limits, city limits. Whenever the words "corporate limits," "corporation limits" or "city limits" are used they shall mean the legal boundary of the City of Carthage.

County. The words "the county" or "this county" shall mean Jasper County, Missouri.

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. 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.

State Law reference— Similar provisions, RSMo 1.030.

Governor. The words "the governor" shall mean the governor of the state.

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 (3) or more persons or officers shall be construed as giving such authority to majority of such persons or officers.

State Law reference— Similar provisions, RSMo 1.050.

Marshal. Wherever the word "marshal" appears in this Code or other ordinances of the city, it shall mean the chief of police of the city.

May. The word "may" is to be construed as being permissive.

May not. The words "may not" have a prohibitory effect and state a prohibition.

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

State Law reference— Similar provisions, RSMo 1.020(6).

Must. The word "must" is to be construed as being mandatory and not permissive.

Name of officer. Whenever the name of an officer is given it shall be construed as through the words "of the City of Carthage" 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. 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.

State Law reference— Similar provisions, RSMo 1.030.

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."

Official time. United States standard time for the zone in which the city is located shall be the official time of the city, but the official time of the city shall be advanced one (1) hour during such period of each year when daylight saving time shall be in effect throughout the state pursuant to state or federal law or regulation. When reference is made to any time without qualification in any ordinance, resolution or order heretofore passed or which may be passed hereafter by the city council, or in any official notice, advertisement or document of the city or in any contract to which the city is a party, it shall be understood to refer to the official time of the city as herein described. When the words "daylight saving time" are used, the reference shall be to the advanced time prescribed as the official time during such periods as mentioned in the first sentence of this paragraph.

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, land or personal property, 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, land or personal property.

Person. The word "person" shall include a corporation, firm, partnership, association, organization 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.

State Law reference— Similar provisions, RSMo 1.020(7).

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

State Law reference— Similar provisions, RSMo 1.020(8).

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

State Law reference— Similar provisions, RSMo 1.020(10).

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

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

State Law reference— Similar provisions, RSMo 1.020(11).

Public way. The words "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 land, tenements and hereditaments.

State Law reference— Similar provisions, RSMo 1.020(12).

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 (1) place and sleeps at another, the place where such person sleeps shall be deemed his residence.

State Law reference— Place of residence defined, RSMo 1.020(9).

Shall. The word "shall" is to be construed as being mandatory, and not permissive.

Sidewalk. The word "sidewalk" shall mean that portion of the street between the curb line or the inside line of any parkway which may be present and the adjacent property line which is intended for 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 and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.

Tenant, occupant. The words "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.

Week. The word "week" shall be construed to mean seven (7) days; but publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one (1) insertion in each week, unless specifically stated to be for each day of the week or for more than one (1) day in each week; and all publications heretofore made in accordance with the terms of this definition are hereby validated.

Writing. The words "writing" and "written" shall include printing, lithographing or any other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his mark, is intended.

State Law reference— Similar provisions, RSMo 1.020(17).

Year. The word "year" shall mean a calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord."

(Code 1978, § 100.040)

State law reference

Similar provisions, RSMo 1.020(6); construction of statutes generally, RSMo 1.010 et seq.