§ 1-2. Definitions and rules of construction.
In the construction of this Code, and of all ordinances, the following rules shall be observed; provided, these rules of construction shall not be applied to any section of this Code or any ordinance which contains any express provision excluding such construction or where the subject matter or content of such section may be repugnant thereto:
Generally. All provisions shall be liberally construed to effectuate their purposes. All provisions shall be liberally construed so that the intent of the city council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. Provisions shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. In the event of conflicts between provisions the more stringent provision controls.
Chapter, article, division, subdivision, section, subsection. Unless otherwise indicated in the context, reference in this Code to chapters, articles, divisions, subdivisions, sections or subsections means chapters, articles, divisions, subdivisions, sections or subsections of this Code.
State Law reference— Similar provision regarding state statutes, Code of Ala. 1975, § 1-1-15.
Chief of police. The term "chief of police" means the head of the police department of the city.
City, this city, in the city. The term "city," "this city" or "in the city" means the City of Hamilton, Alabama, and includes any duly authorized officer or employee if the context so admits. Every section contained in this Code, whether expressed to apply "in the city" or not so expressed, applies, and have full force and effect within the corporate limits of the city and within the police jurisdiction thereof and within the territorial limits of any property or right-of-way owned by the city, wherever situated; provided, any such section shall not apply within the police jurisdiction if expresses to apply within the corporate limits of the city, or if the same cannot legally be made to apply in the police jurisdiction, or if the same cannot physically apply in the police jurisdiction, or if the same, otherwise than by use of such term as "in the city" or "within the city," contains clear inherent evidence of intent that it shall not apply in the police jurisdiction.
City council. The term "council" or "city council" means the city council of the City of Hamilton, Alabama, constituting the governing body of the city, comprised of the mayor and five councilmembers.
City limits. The term "city limits" means within the city and includes only the corporate limits of the city.
City officials, officers and employees. Whenever reference is made to officials, boards, commissions, departments, officers or employees by title only, this shall be construed as though followed by the words "of the City of Hamilton" and shall be taken to mean the official, board, commission, department, officer or employee of this city having the title mentioned or performing the duties indicated; and powers and authority granted to them shall be deemed to be grants of such powers and authority to their respective duly designated subordinates.
Clerk and treasurer. The term "clerk and treasurer" means the official or officials designated as the city clerk and treasurer.
Code. The term "Code" means this Code, as designated in section 1-1.
Code of Ala. 1975. The term "Code of Ala. 1975" means the Code of Alabama 1975, as amended.
Council, city council, governing body. The term "council," "city council" or "governing body," means the City Council of the City of Hamilton, Alabama.
County. The term "county" or "this county" means Marion County, Alabama.
Gender. A word importing one gender only shall also extend and be applied to the other genders.
State Law reference— Similar provision regarding state statutes, Code of Ala. 1975, § 1-1-2.
Governing authority, governing body. The term "governing authority" or "governing body" means the City Council of Hamilton, Alabama.
Joint authority. All words giving joint authority to three or more persons or officers, give such authority to a majority of such persons or officers, unless it is otherwise declared.
State Law reference— Similar provision regarding state statutes, Code of Ala. 1975, § 1-1-2.
May. The term "may" is permissive and discretionary.
Mayor. The term "mayor" means the elected mayor of the city.
Month. The term "month" means a calendar month.
Number. Words used in the singular include the plural, and the plural includes the singular number.
State Law reference— Similar provision regarding state statutes, Code of Ala. 1975, § 1-1-2.
Ordinance. The term "ordinance" means a legislative act of the municipal governing body of a general and permanent nature.
Owner. The term "owner" means one who has complete dominion over particular property and who is the one in whom legal or equitable title rests; when applied to a building or land, the term "owner" means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, or joint tenant, of the whole or part of such building or land.
Person. The term "person" means any governmental or political subdivision or public agency, or any individual, natural person, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them including an executor, administrator, trustee, receiver or other representative appointed according to law.
Police jurisdiction. The term "police jurisdiction" means the territory outside the corporate limits of the city lying within three miles from the corporate limits, and not within the corporate limits of any other municipality.
Resolution. The term "resolution" means a legislative act of the city governing authority of a special or temporary character.
Shall. The term "shall" is mandatory.
State. The term "the state" or "this state" means the State of Alabama.
Statutes. The term "statutes" means the latest published edition of the Alabama Statutes.
Tense. Words used in the present, future or past tense shall include each of the other tenses.
State Law reference— Similar provision regarding state statutes, Code of Ala. 1975, § 1-1-2.
Week. The term "week" means seven days.
Year. The term "year" means a calendar year.
State law reference
Definitions and rules of construction, Code of Ala. 1975, § 1-1-1 et seq.