§ 1-2. Definitions and rules of construction  


Latest version.
  • (a) Applicability. In the construction of this Code and of all ordinances, the rules of construction and definitions set out in this section shall be observed. The rules of construction and definitions set out in this section shall not be applied to any section of this Code which contain any express provisions excluding such construction or where the subject matter or context of the section may be repugnant thereto.

    (b) Liberal construction; minimum requirements; overlapping provisions.

    (1) The ordinary signification shall be applied to all words, except words of art or words connected with a particular trade or subject matter when they shall have the signification attached to them by experts in such trade or with reference to such subject matter.

    (2) In all interpretations the courts shall look diligently for the intention of the city council, keeping in view, at all times, the old law, the evil, and the remedy. Grammatical errors shall not vitiate, and a transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands.

    (3) All general provisions, terms, phrases, and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the city council may be fully carried out. In the interpretation and application of any provision of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare.

    (4) Where any provision of this Code imposes greater restrictions on the subject matter than the other provisions of this Code, the provisions imposing the greater restriction or regulation shall be deemed to be controlling. The specific controls over the general.

    (c) Definitions and conventions.

    As soon as possible. The term "as soon as possible" means within a reasonable time, having due regard to all the circumstances.

    Charter. The term "Charter" means the city Charter, as amended.

    City. The term "city" refers to the City of Sandy Springs, Georgia.

    City clerk. The term "city clerk" refers to that employee of the City of Sandy Springs charged with keeping the minute book of the city.

    City council and council. The terms "council" and "city council" refer to the city council of the City of Sandy Springs, Georgia.

    Code. The term "Code" refers to The Code of the City of Sandy Springs, Georgia, as designated in section 1-1.

    Computation of time. When a number of days is prescribed for the exercise of any privilege or the discharge of any duty, only the first and last day shall be counted. If the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise such privilege or to discharge the duty. When the last day prescribed for such action shall fall on a public or legal holiday as set forth in state law, the party having such privilege or duty shall have through the following business day to exercise such privilege or to discharge the duty. When the period of time prescribed is less than seven days, an intermediate Saturday, Sunday, and legal holiday shall be excluded in the computation.

    Conjunctions. Where a provision involves two or more items, conditions, provisions, or events connected by any of the conjunctions "and," "or," "either … or," or "neither … nor," the conjunction shall be interpreted as follows, provided in appropriate cases the terms "and" and "or" are interchangeable:

    (1) The term "and" indicates that all the connected items, conditions, provisions or events shall apply.

    (2) The term "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

    (3) The terms "either … or" and "neither … nor" indicate that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

    County. The term "county" means Fulton County, Georgia.

    Delegation of authority. Whenever a provision appears requiring a city officer or city employee to do some act, it is to be construed to authorize the officer or employee to designate, delegate, and authorize subordinates to perform the required act.

    Fire department. The term "fire department" refers to the Fulton County fire department or the City of Sandy Springs fire department, whichever provides services to the City of Sandy Springs.

    Following. The term "following" means next after.

    Gender. A word importing one gender shall extend and be applied to the other genders, except where inappropriate.

    Joint authority. A joint authority given to any number of persons or officers may be executed by a majority of them, unless it is otherwise declared.

    Keeper and proprietor. The terms "keeper" and "proprietor" mean and include persons, as the term "person" is defined herein, whether acting by themselves or through an agent or employee.

    May. The term "may" is to be construed as being permissive.

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

    Must. The term "must" is to be construed as being mandatory.

    Number. A word importing only the singular number may extend and be applied to several persons or things as well as to one person or thing.

    Oath. The term "oath" includes an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

    O.C.G.A. The abbreviation "O.C.G.A." refers to the Official Code of Georgia Annotated, as amended.

    Officials, officers, etc. References to officials, employees, boards, commissions, or other agencies by title only shall be construed as referring to the officials, employees, boards, commissions, or other agencies of the city.

    Owner. The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or person in possession under a bond for title.

    Person. The term "person" includes individuals and any association, club, society, firm, corporation, limited liability company, partnership, body politic and corporate, or any combination thereof.

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

    Police. The term "police" refers to the police department or police chief of the City of Sandy Springs.

    Preceding. The term "preceding" means next before.

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

    Public place. The term "public place" means any park, cemetery, shopping center, schoolyard, or open space adjacent thereto, or any area available and accessible to the public, regardless of whether privately or publicly owned, and any place that the public is invited or permitted to go or to congregate.

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

    Shall. The term "shall" is mandatory.

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

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

    State. The term "state" means the State of Georgia.

    Street. The term "street" means and includes any public way, road, highway, street, avenue, boulevard, parkway, court, circle, way, alley, lane, viaduct, bridge, and the approaches thereto and any area owned or dedicated as public rights-of-way within the city.

    Tenant and occupant. The terms "tenant" and "occupant," applied to a building or land, include any person holding a written or oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.

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

    Week. The term "week" means seven calendar days, unless otherwise specified.

    Will. The term "will" is to be construed as being mandatory.

    Written and in writing. The terms "written" and "in writing" shall be construed to include any representation of words, letters, numbers, or figures, whether by printing or otherwise.

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

(Ord. No. 2006-12-93, § 1(ch. 1, art. 2, § 1), 12-19-2006)