§ 1-2. Rules of construction and definitions.  


Latest version.
  • In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the council. The rules of construction and definitions set out herein shall not be applied to any section of this Code which contains any express provisions excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

    Generally. All general provisions, terms, phrases, and expressions contained in this Code shall be liberally construed in order that the true intent and purpose of the council may be fully carried out.

    In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement 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 another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    Charter. The word "Charter" shall mean and refer to the Home Rule Charter of the Parish of St. Mary as printed in part I of this volume.

    Code. Reference to "this Code" or "the Code" shall mean and refer to the Code of Ordinances, St. Mary Parish, Louisiana, as designated in section 1-1.

    Computation of time. In computing a period of time allowed or prescribed by ordinance, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday.

    A half-holiday is considered as a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:

    (1)

    It is expressly excluded;

    (2)

    It would otherwise be the last day of the period; or

    (3)

    The period is less than seven days.

    State Law reference— Similar provisions, Code of Civ. Proc. Art. 5059.

    Delegation of authority. All assignments of powers and duties to particular officers and employees shall be construed to give such powers and duties to subordinate officers and employees duly delegated therefor.

    Gender. Words used in one gender apply also to the other genders, except as otherwise clearly indicated by the context.

    State Law reference— Similar provisions, R.S. 1:8.

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

    May. The word "may" is permissive.

    Month. The word "month" shall mean 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. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

    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."

    Officers, boards, commissions. Whenever reference is made to officers, boards or commissions by title only, such as "council" or "convention and tourist commission," such references shall be read as though followed by the words "of St. Mary Parish, Louisiana."

    Or. Unless it is otherwise clearly indicated by the context, whenever the term "or" is used, it is used in the disjunctive and does not mean "and/or."

    State Law reference— Similar provisions, R.S. 1:9.

    Parish. The words "the parish" or "this parish" shall mean the Parish of St. Mary, Louisiana.

    Person. The word "person" shall extend and be applied to a number of persons and to associations, clubs, societies, firms, partnerships, and bodies politic and corporate, as well as to individuals.

    Property. The word "property" shall include immovable and movable property.

    Shall. The word "shall" is mandatory.

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

    State. The words "the state" or "this state" shall be construed to mean the State of Louisiana.

    Street, road, highway. The words "street," "road," and "highway" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, and all other public highways in the parish.

    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 days.

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