§ 1-2. Rules of construction.

(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 board of aldermen:

Alderman. The term "alderman" means any person who is a member of the board of aldermen of the City of Lamar.

Board of aldermen, board. Whenever the term "board of aldermen" or "board" is used, unless the context requires otherwise, it refers to the board of aldermen of the City of Lamar.

City. The term "city" means the City of Lamar in the State of Missouri.

Code of Ordinances, Code. The terms "Code of Ordinances" and "Code" mean the Code of Ordinances, City of Lamar, Missouri.

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

County. The term "the county" or "this county" means the County of Barton in the State of Missouri.

Delegation of authority. Whenever a provision appears requiring the head of a department of the city to do some act or make certain inspections, it shall be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision designate otherwise.

Fee schedule. The term "fee schedule" means the comprehensive list of fees and rates for city services approved from time to time by the board of aldermen and on file in the office of the city clerk.

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.

Joint authority. Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons.

May. The term "may" shall be construed as being permissive.

Month. The term "month" means 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 or thing. A word importing the plural number only may extend and be applied to one person or thing as well as to several persons and things.

Oath. The term "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."

Owner. The term "owner," when applied to a building or land, includes 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" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

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

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

Premises. Whenever the term "premises" is used, it shall mean place or places.

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

Public place. The term "public place" means any public street, park, cemetery, school yard, public library, municipal building or open space adjacent thereto.

Public way. The term "public way" includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

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

Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

RSMo. The letters "RSMo" mean the Revised Statutes of Missouri, as amended.

Seal. Whenever the term "seal" is used, it shall mean the city or corporate seal.

Shall. The term "shall," whenever used in this Code, shall be construed as being mandatory.

Sidewalk. The term "sidewalk" means the portion of the street between the curbline and the adjacent property line, intended for the use of pedestrians.

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

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

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

Tenant, occupant. The term "tenant" or "occupant," applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

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

Title of officer, etc. Whenever the title of an officer, department, board or commission is given, it shall be construed as though the words "of the City of Lamar" were added.

Week. The term "week" shall be construed to mean seven days.

Written, 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.

(b)

All general provisions, terms, phrases and expressions contained in this Code of Ordinances shall be liberally construed in order that the true intent and meaning of the board of aldermen may be fully accomplished.

(Code 1971, § 1-2; Code 1991, § 1-2)