§ 1-2. Rules of construction and definitions.

(a)

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.

(b)

The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bond. When a bond is required, an undertaking in writing is sufficient.

City, this city, in the city. The term "the city," "this city" or "in the city" means the City of Midfield, Alabama. Every section contained in this Code, whether expressed to apply "in the city" or not so expressed, shall apply 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 expressed 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 officials, officers and employees. Whenever reference is made to officials, boards, commissions, departments, etc., by title only (i.e., "mayor," "city clerk," "planning commission," or any other such designation), such references shall be deemed to be to officials, employees, etc., of the city, and powers and authority granted to them shall be deemed to be grants of such powers and authority to their respective duly designated subordinates.

Code of Alabama. Whenever reference is made to the "Code of Alabama" or the "Alabama Code," it shall mean the Code of Alabama of 1940, Recompiled 1958, as amended, or any subsequent code of this state.

Computation of time. The time in which an act is to be done must be computed by excluding the first and including the last day; and if the last day is a Sunday or legal holiday, that shall be excluded.

Council, city council. The term "council" or "city council" means the city council of the City of Midfield, Alabama.

County. The term "county" or "this county" means the County of Jefferson, Alabama.

Gender. A term importing the masculine gender only shall extend and be applied to females, and to firms, partnerships and corporations, as well as to males.

Joint authority. All terms 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.

Jurisdiction. All provisions of this Code and other laws and ordinances of the city prescribing police or sanitary regulations and prescribing penalties for violations thereof shall have force and effect in the corporate limits of the city and in the police jurisdiction thereof and on any property or rights-of-way belonging to the city, except those provisions, laws and ordinances which specifically limit their force and effect to the corporate limits, or which, for any reason mentioned under the definition of "city" in this section, cannot legally apply in any such area outside of the corporate limits.

Editor's note— Under Code of Ala. 1975, § 11-52-30, city planning commission jurisdiction extends five miles from the city, with exceptions.

Licensee. The term "licensee" means any person to whom a city license is issued.

May. The term "may" is permissive and discretionary.

Month. The term "month" means a calendar month.

Number. Terms used in the singular include the plural, and the plural includes the singular.

Oath. The term "oath" includes affirmation.

Occupant. The term "occupant" means tenant or person in actual possession.

Operate. The term "operate" means carry on, keep, conduct, maintain, manage, direct or superintend.

Or, and. The term "or" may be read as "and" and the term "and" as "or," where the sense requires it.

Owner. The term "owner" includes not only the owner of the whole, but any part owner, joint owner, tenant in common or joint tenant of the whole or a part of property.

Person. The term "person" extends and is applied to firms, partnerships, corporations, associations, organizations, trustees, agents and bodies politic, or any combination thereof, as well as to natural persons.

Personal property. The term "personal property" includes every species of property, except real property, as defined herein.

Police jurisdiction. The term "police jurisdiction" means the territory outside the corporate limits of the city within three miles thereof, or as otherwise permitted by statute, but not including territory within the corporate limits of any other incorporated municipality. The police jurisdiction shall not overlap the police jurisdiction of a neighboring municipality, but shall extend to the median line of such police jurisdiction lines, or as otherwise provided by the laws of the state and the decisions of its courts.

State Law reference— Police jurisdiction determined by population Code of Ala. 1975, § 11-40-10.

Preceding, following. The terms "preceding" and "following" mean next before and next after, respectively.

Property. The term "property" includes real and personal property.

Real property. The term "real property" includes lands, tenements and hereditaments.

Shall. The term "shall" is mandatory, as is the term "must."

Sidewalk. The term "sidewalk" means any portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

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

State Law reference— As to proof of mark in conveyancing, see Code of Ala. 1975, § 35-4-20.

State. The term "the state" or "this state" means the State of Alabama.

Street. The term "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the city, and shall embrace all parts thereof within the designated right-of-way. In those instances where the public records are silent, the term shall embrace all of the area between the off-street edge of the sidewalk or walkway on each side of the street, including the grassplots or other divisional areas lying between the sidewalk or walkway and street.

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

Written or in writing. The term "written" or "in writing" includes any representation of words, letters or figures, whether by printing or otherwise.

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

(Code 1977, § 1-2)