§ 1-2. Rules of construction.  


Latest version.
  • In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be 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.

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

    State Law reference— Designation of state code, A.C.A. § 1-2-113.

    City. The words "the city" or "this city" shall mean the City of Pine Bluff, Arkansas.

    Code. The term "Code" refers to the "Code of Ordinances, City of Pine Bluff, 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.

    Council. Whenever the words "council" or "city council" are used they shall be construed to mean the City Council of the City of Pine Bluff.

    County. The words "the county" or "this county" shall mean the County of Jefferson, 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, unless the terms of the provisions 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.

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

    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.

    Municipal court. The term "municipal court" means the Municipal Court of Pine Bluff, Arkansas.

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

    Number. Words used in the singular include the plural, and the plural includes the singular number.

    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."

    Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

    Person. The word "person" shall extend to and include firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, and includes a trustee, receiver, administrator, executor, guardian or other representative, as well as to individuals.

    References to other city officials, officers, etc. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "city clerk," "chief of police," etc., they shall be deemed to refer to the officials, boards, commissions and departments of the City of Pine Bluff.

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

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

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

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

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

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

    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.

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

(Code 1967, § 1-2)