§ 1-2. Definitions and rules of construction.

In the construction of this Code and of all other ordinances of the city, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section or ordinance, or unless inconsistent with the manifest intent of the city council, or unless the context clearly requires otherwise:

City. The words "the city" or "this city" shall mean the City of Kirksville, Missouri.

City council. The words "city council" or "the council" shall mean the city council of Kirksville.

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. If the last day is a Sunday it shall be excluded.

State Law reference— Similar provisions, RSMo. § 1.040.

County. The words "the county" or "this county" shall mean the County of Adair, State of Missouri.

Delegation of authority. Whenever a provision of this Code requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision shall designate otherwise.

Gender. When any subject matter, party or person is described or referred to by words importing the masculine gender, several matters and persons, and females as well as males, and bodies corporate as well as individuals, shall be deemed to be included.

State Law reference— Similar provisions, RSMo. § 1.030(2).

Governor. The words "the governor" shall mean the governor of the State of Missouri.

Joint authority. Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons.

State Law reference— Similar provisions, RSMo. § 1.050.

Month. The word "month" shall mean a calendar month.

State Law reference— Similar provisions, RSMo. § 1.020(9).

Number. Whenever, in any ordinance, words importing the plural number are used in describing or referring to any matter, parties or persons, any single matter, party or person is included, although distributive words are not used.

State Law reference— Similar provisions, RSMo. § 1.030(2).

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."

Officials, boards, commissions, etc. Whenever reference is made to officials, boards, commissions, committees and the like, by title only, they shall be construed as if followed by the words "of the City of Kirksville, Missouri."

Owner. The word "owner," applied to a building, land or personal property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building, land or personal property.

Parkway or terrace. The words "parkway" or "terrace" shall mean that area which lies between the curbline or edge of street and the sidewalk.

Person. The word "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.

State Law reference— Similar provisions, RSMo. § 1.020(7).

Personal property. The term "personal property" shall include money, goods, chattels, things in action and evidences of debt.

State Law reference— Similar provisions, RSMo. § 1.020(11).

Preceding; following. The words "preceding" and "following" shall mean next before and next after, respectively.

State Law reference— Similar provisions, RSMo. § 1.020(13).

Property. The word "property" shall include real and tangible and intangible personal property.

State Law reference— Similar provisions, RSMo. § 1.020(14).

Public way. The words "public way" shall include any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

Real property. The terms "real property," "premises," "real estate" or "lands" shall be deemed to be coextensive with land, tenements and hereditaments.

State Law reference— Similar provisions, RSMo. § 1.020(15).

Shall; may. "Shall" is mandatory; "may" is permissive.

Sidewalk. The word "sidewalk" shall mean that portion of the street between the curbline or the inside line of any parkway which may be present and the adjacent property line which is intended for use of pedestrians.

Signature. Where the written signature of any person is required, the proper handwriting of such person or his mark shall be intended.

State. The words "the state" or "this state" shall mean the State of Missouri.

Street. The word "street" shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.

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

Tense. The use of any verb in the present tense shall include the future when applicable.

Writing. The words "writing" and "written" shall include printing, lithographing or any other mode of representing words and letters.

State Law reference— Similar provisions, RSMo. § 1.020(20).

Year. The word "year" shall mean a calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord."

(Code 1974, § 1-2)

State law reference

Similar provisions, RSMo. § 1.020(9); construction of statutes generally, RSMo. § 1.010 et seq.