§ 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 such construction would be inconsistent with the manifest intent of the mayor and board of aldermen:
Board; board of aldermen. Whenever the term "board" or "board of aldermen" is used in this Code, it shall mean the mayor and board of aldermen of the City of Olive Branch, Mississippi.
City. The words "the city" or "this city" shall be construed as if the words "of Olive Branch, Mississippi" followed them.
Code. Whenever the term "Code" is used without further qualification, it shall mean the "Code of Ordinances of the City of Olive Branch, Mississippi," as designated in section 1-1.
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, and if the last day is Saturday, Sunday or a legal holiday that day shall be excluded.
State Law reference— Computation of time, MCA 1972, §§ 1-3-67, 1-3-69.
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 Olive Branch, Mississippi.
County. The words "the county" or "this county" shall mean the County of Desoto in the State of Mississippi.
Delegation of authority. Whenever a provision appears requiring or authorizing the head of a department or agency of the city to do some act or make certain inspections, it shall be construed as authorizing the head of the department or agency to designate, delegate and authorize subordinates to perform the act or make the inspection unless the terms of the provision or section designate otherwise.
Gender. Words importing the masculine or feminine gender shall include the neuter.
State Law reference— Gender, masculine to embrace the feminine, MCA 1972, § 1-3-17.
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 this Code imposes greater restrictions upon the subject matter than the general provision imposed by this 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.
Keeper; proprietor. Whenever the word "keeper" or "proprietor" is used it shall mean persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
Law. The term "law," when used in any ordinance, shall include any provision of the constitution of the United States or the State of Mississippi, and any statute of the United States or the State of Mississippi, and any ordinance, resolution or order of the mayor and board of aldermen.
MCA 1972. The term "MCA 1972" shall mean the Mississippi Code Annotated of 1972, as amended from time to time.
Month. The word "month" shall mean a calendar month, unless otherwise expressed.
State Law reference— "Month" defined, MCA 1972, § 1-3-29.
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.
State Law reference— Similar provisions, MCA 1972, § 1-3-65.
Number. Words used in the singular number only, either as descriptive of persons or things, shall extend to and embrace the plural number; and words used in the plural number shall extend to and embrace the singular number.
State Law reference— Similar provisions, MCA 1972, § 1-3-33.
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."
State Law reference— Similar provisions, MCA 1972, § 1-3-35.
Offense. The term "offense" shall mean any violation of an ordinance liable to punishment by criminal prosecution.
State Law reference— "Offense" defined, MCA 1972, § 1-3-37.
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. Whenever the word "person" is used it shall include, mean and be applied to any natural individual, firm, company, partnership, association, organization, joint stock company, joint adventure, public or private corporation, or to a receiver, executor, trustee, conservator or other representative appointed by order of any court or in any other manner.
State Law reference— "Person" defined, MCA 1972, § 1-3-39.
Personal property. The term "personal property" shall include goods, chattels, effects, evidences of rights of action, and all written instruments by which any pecuniary obligation or any right, title or interest in any real or personal estate shall be created, acknowledged, transferred, incurred, defeated, discharged or diminished.
State Law reference— Similar provisions, MCA 1972, § 1-3-41.
Preceding, following. The words "preceding" and "following" shall mean the next before and the next after, respectively.
Premises. Whenever the word "premises" is used it shall mean place or places.
Property. The term "property" includes personal property and also every estate, interest and right in lands, tenements and hereditaments.
Real property. The term "real property" shall include every estate, interest or right, in lands, tenements and hereditaments.
Residence. Whenever the word "residence" is used it shall 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.
Seal. Whenever the word "seal" is used it shall mean the city or corporate seal.
Shall, may. The word "shall" is mandatory; the word "may" is permissive.
Sidewalk. The word "sidewalk" means that portion of a street between curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
Signature or subscription. The "signature" or "subscription" of a person includes a mark when the person cannot write.
State. The words "the state" or "this state" shall mean the State of Mississippi.
State Law reference— "State" defined, MCA 1972, § 1-3-49.
Street or highway. The word "street" or "highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
State Law reference— "Street or highway" defined, MCA 1972, § 63-3-125(a).
Tenant, occupant. Whenever the word "tenant" or "occupant" is applied to a building or land, it shall include any person holding a written or oral lease of, 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.
Title of officer, department, board or commission. Whenever the title of an officer, department, board or commission is given, it shall be construed as though the words "of the City of Olive Branch" followed it.
Week. Whenever the word "week" is used, it shall mean seven days.
Written; in writing. The word "written" or "in writing" may include printing, engraving, lithographing or any other representation of words, letters or figures; except that in all cases where the signature of any person is required, it shall always be the proper handwriting of such person, or, in case he is unable to write, his proper mark.
Year. The word "year" shall mean a calendar year, unless a contrary intention is expressed.
State law reference
Construction of statutes, MCA 1972, § 1-3-1 et seq.; "year" defined, MCA 1972, § 1-3-63.