Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

Sec. 1-2. Definitions and rules of construction generally.

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 the city council:

Generally. All words and phrases shall be construed and understood according to the common and approved usage of language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. In their interpretation and application, the provisions of this Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules and regulations, the most restrictive, or that imposing the higher standards, shall govern.

A.C.A. The abbreviation "A.C.A." means the Arkansas Code of 1987 Annotated.

State law reference(s)--Designation, etc., of state code, A.C.A. § 1-2-113.

City. The term "city" means the City of Springdale, Arkansas.

City clerk, city recorder. The terms "city clerk" and "city recorder" are interchangeable and refer to the city recorder of the city.

State law reference(s)--City clerks generally, A.C.A. § 14-43-313.

City council or council. The term "city council" or "council" means the city council of the City of Springdale, Arkansas.

State law reference(s)--City council generally, A.C.A. § 14-43-501 et seq.

Code. The term "Code" refers to the "Code of Ordinances of the City of Springdale, Arkansas," as designated in section 1-1.

Computation of time. Whenever a notice is required to be given or an act to be done, or in computing a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, is not counted in computing the time, but the day on which such proceeding is to be had is counted.

State law reference(s)--Computation of time, A.C.A. § 16-55-119.

County. The term "county" means Washington and Benton Counties, Arkansas.

Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the city to do some act or perform some duty, or granting some right of him as such official it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to them such right.

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.

Include, including. The term "include," "including" or any other similar term of inclusion means without limitation or restriction.

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, unless otherwise provided.

May. The term "may" is to be construed as being permissive and not as being mandatory.

May not. The term "may not" has a prohibitory effect and states a prohibition.

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

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" includes an affirmation in cases in which, by law, an affirmation may be substituted for an oath. In such cases, the terms "swear" and "sworn" are equivalent to the words "affirm" and "affirmed."

State law reference(s)--Similar provisions, A.C.A. § 16-55-102(a)(8).

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 term "person" includes a firm, partnership, association, organization and body politic and corporate, or any combination thereof, as well as an individual.

State law reference(s)--Person defined, A.C.A. § 16-55-102(a)(11).

References to officials, boards, etc. Whenever a reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "city clerk," "chief of police," "cemetery commission," etc., it refers to the officials, boards, commissions and departments of the city.

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

Signature or subscription. The term "signature" or "subscription" includes a mark when a person cannot write.

State law reference(s)--Defined, A.C.A. § 16-55-102(a)(20).

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

Street. The term "street" includes any street, avenue, boulevard, road, alley, lane, viaduct or other public highway in the city.

Sidewalk. The term "sidewalk" means a strip of land in front or on the sides of a house or lot of land lying between the property line and the street.

Tenant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies the whole or a part of such buildings or land, either alone or with others.

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

State law reference(s)--Similar provisions, A.C.A. § 16-55-102(a)(24)(b).

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

State law reference(s)--Writing defined, A.C.A. § 16-55-102(a)(24).

Year. The term "year" means a calendar year.

(Code 1973, § 1-2)

__________

HTML documents authored by Municipal Code Corporation