§ 1-2. Rules of construction.  

Latest version.
  • In the construction of this Code, and of all ordinances, the following rules shall be observed; provided, these rules of construction shall not be applied to any section of this Code or any ordinance which contains any express provisions excluding such construction or where the subject matter or content of such section may be repugnant thereto:

    City, this city, in the city. The term "the city," "this city" or "in the city" shall mean the City of Tuscumbia, Alabama; and shall include any duly authorized officer or employee if the context so admits. 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 term as "in the city" or "within the city," contains clear inherent evidence of intent that it shall not apply in the police jurisdiction.

    City commission, board of commissioners, city council, governing body. The term "city commission," board of commissioners," "city council" or "governing body" shall mean the city council of the City of Tuscumbia, Alabama.

    City officials, officers and employees. Whenever reference is made to officials, boards, commissions, departments, officers or employees by title only, this shall be construed as though followed by the words "of the City of Tuscumbia" and shall be taken to mean the official, board, commission, department, officer or employee of this city having the title mentioned or performing the duties indicated; 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 1975, as amended, or as recodified.

    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.

    County. The term "county" or "this county" shall mean Colbert County, Alabama.

    Gender. A word importing one gender only shall also extend and be applied to the other genders.

    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.

    State Law reference— Under Code of Ala. 1975, § 11-52-30, city planning commission jurisdiction over the subdivision of land extends five miles from the city, with exceptions.

    Mayor. The term "mayor" shall refer to the person holding the office of mayor and the presiding officer of the city council.

    Month. The word "month" means a calendar month, unless otherwise expressed.

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

    Oath. The word "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. The term "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, or as otherwise permitted by statute, 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. 1975, § 11-40-10.

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

    President of the board of commissioners, chairman of the board of commissioners, mayor. Such terms are interchangeable and refer to the same official.

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

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

    Shall. The word "shall" is mandatory.

    Sidewalk. The word "sidewalk" shall mean any portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

    Signature or subscription. The word "signature" or "subscription" shall include a mark when a person cannot write.

    State Law reference— As to proof of mark in conveyancing, see Code of Ala. 1975, § 35-4-20.

    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 context requires, the word shall embrace only the area between the opposite curbs or curblines designated for vehicular traffic.

    Tense. Words used in the present, future or past tense shall include each of the other tenses.

    Water works board. Reference to the "water works board" shall be deemed to refer to the utilities board of the city.

    Written or in writing. The term "written" or "in writing" may be construed to include any representation of words, letters or figures, whether by printing or otherwise.

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

(Ord. No. A-59, § 1, 5-17-88)

Editor's note

At the request of the city, the definitions of "mayor" and "city commission, board of commissioners, city council, governing body" have been amended to reflect the changes incorporated by Ord. No. A-59, § 1, adopted May 17, 1988.