§ 1-2. Rules of construction.  


Latest version.
  • 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 city council:

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

    City, in the city. The words "the city" or "this city" shall mean the City of Selma, Alabama. Every section contained in this Code, whether expressed to apply "in the city," or not so expressed, shall apply, and have full force and effect, within the corporate limits of the city and within the police jurisdiction thereof and within the territorial limits of any property or right-of-way owned by the city, wherever situated; provided, any such section shall not apply within the police jurisdiction if expressed to apply within the "corporate" limits of the city, or if the same cannot legally be made to apply in the police jurisdiction, or if the same cannot physically apply in the police jurisdiction, or if the same, otherwise than by use of such terms as "in the city" or "within the city," contains clear inherent evidence of intent that it shall not apply in the police jurisdiction.

    City officials, officers and employees. Whenever reference is made to officials, boards, commissions, departments, et cetera, by title only, i.e., "mayor," "city clerk," "planning commission," "chief of police," or any other such designation, such references shall be deemed to be to officials et cetera of the City of Selma; and powers and authority granted to them shall be deemed to be grants of such powers and authority to their respective duly designated subordinates.

    Code of Alabama. Whenever reference is made to the "Code of Alabama" or the "Alabama Code" it shall mean the Code of Alabama of 1940, Recompiled 1958, as amended, or any subsequent code of this state.

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

    Council. The term "council" or "city council" shall mean the city council of the City of Selma, Alabama.

    County. The words "county" or "this county" shall mean the County of Dallas, Alabama.

    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. All words giving joint authority to three (3) or more persons or officers, give such authority to a majority of such persons or officers, unless it is otherwise declared.

    Jurisdiction. All provisions of this Code and other laws and ordinances of the city prescribing police or sanitary regulations and prescribing penalties for violations thereof, shall have force and effect in the corporate limits of the city and in the police jurisdiction thereof and on any property or rights-of-way belonging to the city, except those provisions, laws and ordinances which specifically limit their force and effect to the corporate limits, or which, for any reason mentioned under the definition of "city" in this section, cannot legally apply in any such area outside of the corporate limits.

    Editor's note— Under § 11-52-30, Code of Ala., city planning commission, jurisdiction extends 5 miles from the city.

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

    Number. Words used in the singular include the plural, and the plural includes the singular number.

    Oath. Includes affirmation.

    Or, and. The word "or" may be read as "and" and the word "and" as "or," where the sense requires it.

    Owner. The word "owner" shall include not only the owner of the whole, but any part owner, joint owner, tenant in common, or joint tenant of the whole or a part of property.

    Person. The word "person" shall extend and be applied to firms, partnerships, corporations, associations, organizations, trustees, agents, and bodies politic, or any combination thereof, as well as to natural persons.

    Personal property. includes every species of property except real property, as defined herein.

    Police jurisdiction. The words "police jurisdiction" mean the territory outside the corporate limits of the city within three (3) miles thereof, but not including territory within the corporate limits of any other incorporated municipality. The police jurisdiction shall not overlap the police jurisdiction of a neighboring municipality, but shall extend to the median line of such police jurisdiction lines, or as otherwise provided by the laws of the state and the decisions of its courts.

    State Law reference— Police jurisdiction determined by population, Code of Ala., § 11-40-10.

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

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

    Real property. includes land, tenements and hereditaments.

    Shall. The word "shall" is mandatory.

    Sidewalk. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

    Signature or subscription. Includes a mark when the person cannot write if his name is written near the mark and witnessed by a person who writes his own name as a witness.

    State Law reference— As to proof of mark in conveyancing, see Code of Ala., Tit. 47, § 22.

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

    Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the city, and shall embrace all parts thereof within the designated right-of-way. In those instances where the public records are silent, the term shall embrace all of the area between the off-street edge of the sidewalk or walkway on each side of the street, including the grassplots or other divisional areas lying between the sidewalk or walkway and street.

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

    Written or in writing shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

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

(Code 1954, §§ 5, 6, 7, 8, 736 (d), 913)