§ 1-2. Definitions and rules of construction  


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  • The following definitions and rules of construction shall apply to all ordinances of the board of commissioners unless the context requires otherwise:

    Generally. The ordinary signification shall be applied to all words, except words of art, or words connected with a particular trade or subject matter, when they shall have the signification attached to them by experts in such trade, or with reference to such subject matter. In all interpretations the courts shall look diligently for the intention of the board of commissioners, keeping in view, at all times, the old law, the evil, and the remedy. 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.

    Liberal construction; minimum requirements; overlapping provisions. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the board of commissioners may be fully carried out. In the interpretation and application of any provision of this Code, they 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 this Code imposes greater restrictions upon the subject matter than the other provisions of this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    Adequate. The word "adequate" means equal to what is required, suitable to the case or occasion, fully sufficient, proportionate or satisfactory.

    Aforesaid. The word "aforesaid" usually means next before.

    All. The word "all" means everyone, or the whole number of particulars.

    Also. The word "also" means "in like manner," "likewise," "in addition," "besides," "as well," "further," "too."

    As soon as possible. The term "as soon as possible" means within a reasonable time, having due regard to all the circumstances.

    At. The term "at" may mean "in," "near," "within," or "about." Its primary idea is nearness, and it is less definite than "in" or "on."

    Board of commissioners, board. The term "board" or "board of commissioners" means the board of commissioners of Cobb County, Georgia.

    Code. The term "Code" means the Official Code of Cobb County, Georgia, as designated in section 1-1.

    Computation of time. When a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in O.C.G.A. § 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

    County. The word "county" means Cobb County, Georgia. When appropriate, "county" means a designated department, officer or employee thereof.

    Delegation of authority. Whenever a provision appears requiring a county officer or county employee to do some act, it is to be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the required act.

    Following. The word "following" means next after.

(Code 1977, §§ 3-1-2, 3-1-4)

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Similar provisions, O.C.G.A. § 1-3-3(8).

Gender. The masculine gender includes the feminine and the neuter.

Joint authority. A joint authority given to any number of persons or officers may be executed by a majority of them, unless it is otherwise declared.

Keeper, proprietor. The words "keeper" and "proprietor" mean and include persons acting by themselves or as a servant, agent or employee.

May. The word "may" is to be construed as being permissive.

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

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

Number. The singular and plural number include the other, unless expressly excluded.

Similar provisions, O.C.G.A. § 1-3-1(6).

Oath. An "oath" includes an affirmation.

O.C.G.A. The term "O.C.G.A." means the Official Code of Georgia Annotated, as amended.

Officials, employees, boards, commissions, etc. Reference to officials, employees, boards, commissions or other agencies of the county by title only refer to the officials, employees, boards, commissions or other agencies of the county.

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

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

Person. The word "person" includes any association, club, society, firm, corporation, partnership and body politic and corporate as well as an individual.

Personal property. The term "personal property" includes every species of property except real property, as defined in this section.

Preceding. The word "preceding" means next before.

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

Public place. The term "public place" includes any place that the public is invited or permitted to go or congregate.

Real property. The term "real property" includes lands, tenements and hereditaments.

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

Sidewalk. The word "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

Signature, subscription. A "signature" or "subscription" includes the mark of an illiterate or infirm person.

State. The word "state" means the State of Georgia.

Street, road. The word "street" or "road" includes any street, avenue, boulevard, road, alley, lane, viaduct and any other public highway in the county, including, but not limited to, the paved or improved surfaces thereof.

Tenant, occupant. The word "tenant" or "occupant," applied to a building or land, includes any person holding a written or oral lease of, or who occupies, the whole or a part of a building or land, either alone or with others.

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

Until a certain day. The term "until a certain day" includes all of such day.

Similar provisions, O.C.G.A. § 1-3-3(21).

Week. The word "week" means seven days.

Whereas. The term "whereas" means "considering that."

Will. The word "will" is to be construed as being mandatory.

Writing. The term "writing" includes printing and all numerals.

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

Statutory definitions and rules of construction, O.C.G.A. § 1-3-1 et seq.