§ 1-2. Definitions and rules of construction.  


Latest version.
  • 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 board of directors:

    Generally. All words and phrases shall be construed and understood according to the common and approved usage of language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. In their interpretation and application, the provisions of this Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules and regulations, the most restrictive, or that imposing the higher standards, shall govern.

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

    Administrator. The words "administrator"or "city administrator" shall mean the city administrator and designees therefor.

    Board of directors. Whenever the words "board of directors" are used, they shall be construed to mean the governing body of the City of Siloam Springs, Arkansas.

    City. The words "the city" or "this city" shall mean the City of Siloam Springs, Arkansas.

    Code. The term "Code" refers to the "Siloam Springs Municipal Code, Siloam Springs, Arkansas," as designated in section 1-1.

    Computation of time. Whenever a notice is required to be given or an act to be done, or in computing a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, is not counted in computing the time, but the day on which such proceeding is to be had is counted.

    County. The words "the county" or "this county" shall mean the County of Benton, Arkansas.

    Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the city to do some act or perform some duty, or granting some right of him as such official, it shall be construed to authorize the administrator to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to the administrator such right.

    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 and vice versa.

    Include, including. The terms "include," and "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.

    Municipality. The words "the municipality" or "this municipality" shall mean the City of Siloam Springs.

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

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

    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."

    Other city officials or officers. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "clerk, treasurer, police chief, etc.," they shall be deemed to refer to the officials, boards, commissions and departments of the city.

    Person. The term "person" shall extend and be applied to firms, partnerships, associations, organizations and bodies political and corporate, or any combination, as well as to individuals.

    Shall. The term "shall" is to be construed as being mandatory and not permissive.

    Sidewalk. The term "sidewalk" means a strip of land in front or on the side of a house or lot of land lying between the property line and the street.

    State. The words "the state" or "this state" shall be construed to mean the State of Arkansas.

    Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lines, viaducts and all other public highways in the city.

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

    Year. The term "year" means a calendar year, without limitation as to date of beginning.

(Code 1978, § 1.08.01)