§ 1-2. Definitions and rules of construction.  


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  • In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the council or the context clearly requires otherwise:

    Agencies, officers. Any reference to any local, state or federal agency or officer shall include any successor agency or officer.

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

    Charter means and refers to the Home Rule Charter of the City of Eaton Rapids, as amended.

    City means the City of Eaton Rapids, Michigan.

    Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday or legal holiday.

    County. Whenever the words "the county" or "this county" are used, they refer to Eaton County, Michigan.

    Delegation of authority. Whenever a provision appears requiring an officer or head of a department of the city to do some act or make certain inspections, it is to be construed to authorize the officer or 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 or section designate otherwise.

    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, unless the context clearly requires a literal construction.

    Generally. When provisions conflict, the specific shall prevail over the general. 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.

    Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    Month means a calendar month.

    Name or title of officer, board, commission or agency. The name or title of any officer, board, commission or agency, when appearing alone herein, is to be construed as if the words "of Eaton Rapids, Michigan," followed it.

    Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing, unless the context requires a literal construction.

    Oath includes affirmation.

    Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.

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

    Person includes any individual, copartnership, association, unincorporated club, joint adventure and corporation; and any other group or combination of persons acting as a unit, and the individuals constituting the same and the fiduciary of any estate or trust.

    Personal property includes money, goods, chattels, things in action and evidence of debt.

    Preceding, following mean next before and next after, respectively.

    Property includes both real and personal property.

    Public acts means the public acts of the State of Michigan.

    Public place means any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general.

    Real estate and real property include lands, tenements and hereditaments, and all rights thereto, and interests therein, equitable as well as legal.

    Sidewalk means any portion of a street between the curbline, or the lateral lines of a roadway, and the adjacent property line, intended for the use of pedestrians.

    Signature or subscription includes a mark, the name being written near the mark and witnessed.

    State means the State of Michigan.

    Statutes means the statutes of the State of Michigan.

    Street. Whenever the words "street," "highway" or "alley" are used, they include the entire width subject to an easement for public right-of-way, or owned in fee by the city, county or state, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public, as a matter of right for purposes of public travel. The word "alley" means any such way or place providing a secondary means of ingress and egress from a property.

    Tenant. The words "tenant" and "occupant," applied to a building or land, include 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.

    Writing. The words "writing" and "written" include printing, typesetting, engraving, lithography and any other mode of representing words and letters.

    Year means a calendar year, unless otherwise expressed.

(Ord. No. 2015-6, § 1, 3-23-15)