§ 1-3. Definitions and rules of construction.

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

Generally. All provisions shall be liberally construed to effectuate their purposes. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so 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. 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. In the event of conflicts between provisions the more stringent provision controls. It is intended that no provision of this Code conflict with any federal or state law intended to preempt municipal jurisdiction with respect to the subject matter contained in this Code and the provisions of this Code shall be construed, whenever possible, to avoid such conflict.

Acts. References to acts are to acts of the Alabama Legislature, as published in the Acts of Alabama. Acts passed after 1978 are referenced to the act number, which number includes the last two digits of the year of enactment. All other acts are referenced to act number and year of enactment. All references to acts are followed by a parenthetical reference to the page number in the Acts of Alabama upon which the act begins. The page number reference is for information purposes only. All references to acts are to such acts as amended.

Board of health. The term "board of health" means the Jefferson County Board of Health.

Bond. The term "bond" means an obligation, in writing, binding the signatory to pay a sum certain upon the happening or failure of an event.

Building. The term "building" means any structure intended to have walls and a roof.

Business. The term "business" means any profession, trade, occupation and any other commercial enterprise conducted for monetary reward.

Chief of police. The term "chief of police" means the head of the police department of the city.

City. The term "city" means the City of Bessemer, in the County of Jefferson and State of Alabama.

City council or council. The term "council" or "city council" means the city council of the City of Bessemer, Alabama, constituting the governing body of the city.

City limits. The term "city limits" means within the city and includes only the corporate limits of the city.

City officers, officials and/or departments. Whenever reference is made to an officer or a department, the reference shall be construed as if followed by the term "of the City of Bessemer, Alabama." Reference to a specific officer shall include his authorized deputies, agents and representatives.

Clerk and treasurer. The term "clerk and treasurer" means the official designated as the city clerk and treasurer.

Code. The term "Code" means the Code of Ordinances, City of Bessemer, Alabama, as designated in section 1-1.

Code of Ala. 1975. The term "Code of Ala. 1975" means the Code of Alabama 1975, as amended.

Computation of time. In computing any period of time, 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, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

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:

(1)

The term "and" indicates that all the connected terms, conditions, provisions or events apply.

(2)

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

(3)

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

County. The term "county" means Jefferson County, Alabama.

Definitions. The definitions given within a chapter or article shall apply only to words or phrases used in such chapter or article, unless otherwise provided.

Fire chief. The term "fire chief" means the head of the fire department of the City of Bessemer, Alabama.

Gender. Words in any section importing the masculine gender shall include the feminine and neuter, as well as the masculine.

Health officer. The term "health officer" means the county health officer or any person designated by the city council to perform the city health functions and duties.

Joint authority. The term "joint authority" means that authority given to several persons or officers also vests in a majority of such persons or officers.

Keeper. The term "keeper" means one in possession of or who has the care, custody or superintendence of a thing, place or business whether or not the owner or proprietor and includes any person, firm, association, corporation, club and co-partnership, whether acting by themselves or by a servant, agent or employee.

License inspector. The term "license inspector" means the person designated in the city revenue department to enforce the provisions of the city license code.

Licensee. The term "licensee" means any person to whom a city license is issued.

May. The term "may" is permissive and discretionary.

May not. The term "may not" states a prohibition.

Mayor. The term "mayor" means the elected mayor of the City of Bessemer, Alabama.

Minor. The term "minor" means any person who has not attained the age of 18 years.

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

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

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

Oath. The term "oath" means any form of attestation by which a person signifies that he is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be substituted for an oath.

Occupant. The term "occupant" means tenant or person in actual possession.

Officer, department or agency. Designation of an officer, department, or agency, without qualifying words, shall refer to such officer or agency of the City of Bessemer, Alabama.

Operate. The term "operate" means carry on, keep, conduct, maintain, manage, direct or superintend.

Ordinances. The term "ordinances" means the ordinances of the City of Bessemer, Alabama, and all amendments and supplements thereto.

Owner. The term "owner" means one who has complete dominion over particular property and who is the one in whom legal or equitable title rests; when applied to a building or land, the term "owner" means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, or joint tenant, of the whole or part of such building or land.

Permittee. The term "permittee" means any person to whom a city permit is issued.

Person. The term "person" means any governmental or political subdivision or public agency, or any individual, natural person, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them including an executor, administrator, trustee, receiver or other representative appointed according to law.

Personal property. The term "personal property" means any money, goods, movable chattels, things in action, evidence of debt, all objects and rights which are capable of ownership, and every other species of property except real property.

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

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

Proprietor. The term "proprietor" means an owner of the property or premises including any person, firm, association, corporation, club, partnerships or other group acting as a unit whether acting by themselves or by a servant, agent or employee.

Public place. The term "public place" means any park, lake, stream, stadium, athletic field, playground, school yard, street, avenue, plaza, square, bus, train or railroad depot, station, terminal, cemetery, open space adjacent thereto or any other place commonly open to the public.

Real property. The term "real property" means land, together with all things attached to the land so as to become a part thereof.

Shall. The term "shall" is mandatory.

Sidewalk. The term "sidewalk" means that portion of a street between the curbline and the adjacent property along the margin of street or other highway, designed, constructed and intended for the use of pedestrians to the exclusion of vehicles.

Signature and subscription. The term "signature" and "subscription" mean the name of a person, mark or symbol appended by him to a writing with intent to authenticate the instrument as one made or put into effect by him.

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

Statutes. The term "statutes" means the latest published edition of the Statutes of Alabama.

Street. The term "street" means all streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges and the approaches thereto; docks built on the public street, alleys, courts, places, squares, curbs, sidewalks, recreation and parklands used for vehicular traffic; or other public ways or thoroughfares in this city, over which it has jurisdiction, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

Tenant. The term "tenant" means any person occupying the premises, building or land of another in subordination to such other person's title and with his express or implied assent, whether he occupies the whole or a part of those premises, building or land, whether alone or with others.

Tense. Words used in the past or present tense include the future, past and present, where applicable, unless the context clearly indicates otherwise.

Time. All references to the time of day or night are based upon the prevailing standard of time, Central Standard Time or Central Daylight Time, observed during that time of the year in the city.

Treasurer. The term "treasurer" means the city clerk and treasurer.

Watercourse. The term "watercourse" means any drain, ditch and stream, flowing in a definite direction or course in a bed with banks.

Week. The term "week" means seven days.

Writing and written. The terms "writing" and "written" mean any representation of words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.

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

(Code 1973, § 1-5; Code 1995, § 1-3)

State law reference

Definitions and rules of construction, Code of Ala. 1975, § 1-1-1 et seq.; computation of time, Code of Ala. 1975, § 1-1-4, Ala. R. Civ. Procedure § 6(a); legal holidays, Code of Ala. 1975, § 1-3-8.