§ 1-2. Definitions and rules of construction.

The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise:

Generally.

(1)

When provisions conflict, the specific prevails over the general. All provisions shall be liberally construed so that the intent of the city council may be effectuated.

(2)

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 shall be construed according to such meanings.

(3)

Provisions shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

(4)

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.

A.C.A. The abbreviation "A.C.A." means the Arkansas Code of 1987 Annotated.

City. The term "city" means the City of Jonesboro, Arkansas.

City council or council. The term "city council" or "council" means the city council of the City of Jonesboro, Arkansas.

City water and light or CWL. The term "city water and light" (also referred to as CWL) means the city water and light plant.

Code. The term "Code" refers to the Code of Ordinances of the City of Jonesboro, Arkansas, as designated in section 1-1.

Computation of time. In computing any period of time prescribed or allowed by ordinance, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall 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 not a Saturday, Sunday, legal holiday or day upon which the city hall is closed. When the period of time prescribed or allowed is less than 14 days, intermediate Saturdays, Sundays or legal holidays shall be excluded in the computation. Legal holiday means those days designated as a holiday by the President or Congress of the United States or designated by the laws of the state.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows, except that the terms "and" and "or" may be interchangeable when the context so requires:

(1)

"And" indicates that all the connected terms, conditions, provisions or events apply.

(2)

"Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

"Either…or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

County. The term "county" means Craighead County, Arkansas.

Delegation of authority. A provision that authorizes or requires a city officer or city employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

Gender. Words of one gender include all other genders.

Include, including. The term "include," "including" or any other similar term of inclusion means without limitation or restriction.

May. The term "may" is to be construed as being permissive and not as being mandatory.

May not. The term "may not" has a prohibitory effect and states a prohibition.

Metropolitan Area Planning Commission, planning commission. The term "Metropolitan Area Planning Commission" and "planning commission" are synonymous and refer to the Metropolitan Area Planning Commission.

Municipality. The term "municipality" means the City of Jonesboro, Arkansas.

Must. The term "must" is to be construed as being mandatory and not as being permissive.

Number. Words in the singular include the plural. Words in the plural include the singular.

Oath. The term "oath" includes an affirmation in all cases where by law an affirmation may be substituted for an oath.

Officers, departments, etc. References to officers, departments, board, commissions or employees are to city officers, city departments, city boards, city commissions and city employees.

Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any limited liability company, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

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

Planning commission or MAPC. The term "planning commission" means the Metropolitan Area Planning Commission, also referred to in this Code as the MAPC.

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

Premises. The term "premises," as applied to real property, includes lands and structures.

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

Real estate or real property. The term "real estate" or "real property" includes lands, tenements and hereditaments and all rights thereto and interests therein.

Shall. The term "shall" is to be construed as being mandatory.

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

Signature or subscription by mark. If the signature of any person is required, it shall always be in the handwriting of such person or if he is unable to write, his mark or his name written by some person at his request and in his presence.

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

Street. The term "street" includes any street, avenue, boulevard, road, alley, lane, viaduct or other public highway in the city.

Tenant or occupant. The term "tenant" or "occupant," as applied to premises, include any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

Tenses. The present tense of a verb includes the past and future tenses. The future tense includes the present tense.

Week. The term "week" means seven consecutive days.

Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means.

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

(Code 2006, § 1.08.01)