Section 1.04.050 Rules for construction.
In the construction of the official code and all ordinances
amendatory thereof or
supplementary thereto, the following rules shall be observed, unless such construction would be
inconsistent with the manifest intent of the legislative body or repugnant to the context.
A. Intent to Defraud. Whenever, by
any of the provisions of the official code, an intent to
defraud is required in order to constitute an offense, it is sufficient if an intent appears to defraud
any person, association or body politic or any combination of persons.
B. Title of Sections and Subsections.
The title of any section or subsection of this official
code shall be deemed to in no way restrict, qualify or to limit the effect of the provisions set forth
and contained in such section or subsection.
C. Effect of Constitutionality. Should
any portion of this official code be declared by any
court of competent jurisdiction to be unconstitutional or void, such adjudication shall in no way
affect the remaining portion of this official code.
D. Definitions.
1. Generally.
a. The singular number includes the
plural.
b. Words used in the present include
the future.
c. Words used in the masculine gender
include, as well, the feminine and neuter.
d. Words prohibiting anything being
done, except in accordance with a license or permit or
authority from a board of officers, shall be construed as giving such board of officers power to
license or permit or authorize such thing to be done.
e. The word "shall" is mandatory;
"may" is discretionary.
2. Specific Terms.
Council. Whenever the word "council" is used it
shall be construed to mean the city council
of this city.
Day, Month, Quarter, Year. The word "day" shall
mean any twenty-four (24) hour period
from midnight to midnight; and the word "month" shall mean a calendar month unless otherwise
expressed; and the word "quarter" shall mean any three month period, ending with the last
day of
March, June, September, and December; and the word "year" shall mean any one calendar year
unless otherwise expressed.
Knowingly. The term "knowingly" imparts a knowledge
that the fact exists which brings the
act or omission within the provisions of the ordinances codified in this code. It does not require
any knowledge of the unlawfulness of such act or omission.
Land, Real Estate, Real Property. The terms "land,"
"real estate," and "real property" include
lands, tenements, hereditaments, water rights, possessory rights and claims.
Neglect, Negligence, Negligently. The terms "neglect,"
"negligence" and "negligently"
impart a want of such attention to the nature or probable consequences of the act or omission as a
prudent person ordinarily bestows in acting in his or her own concern.
Oath, Swear, Depose. The word "oath" includes "affirmation,"
and the word "swear"
includes the word "affirm." Every mode of oral statement under oath or affirmation is embraced
in the term "depose."
Officer, Clerk, Treasurer. The word "officer" shall
include officers and boards in care of
departments and the members of such boards, and such reference as the use of the word "city"
shall mean this municipality. "Clerk" or "treasurer" and others shall mean
the city clerk or city
treasurer as the case may be applicable.
Official Time. The words "official time" whenever
used means standard time in the city of
Hamilton.
Owner. The word "owner" applied to a building or
land shall include any part owner, joint
owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
Person. The word "person" includes bodies politic
and corporate, partnerships, associations,
and corporations.
Personal Property. The term "personal property"
includes every description of money, goods,
chattels, effects, evidence of rights of action, and all written instruments by which any pecuniary
obligation, right or title to property is created, acknowledged, transferred, increased, defeated,
discharged or diminished, and every right or interest therein.
Property. The word "property" includes both real
and personal property.
Public Thoroughfare. The words "public thoroughfare"
include streets, alleys, lanes, courts,
boulevards, public ways, public squares, public places and sidewalks.
Signature. The word "signature" includes any name,
mark or sign written with the intent to
authenticate any instrument of writing.
Tenant, Occupant. The word "tenant" or "occupant"
applied to a building or land shall
include any person who occupies the whole or any part of such building or land whether alone or
with others.
Wilfully. The term "wilfully," when applied to
the intent with which an act is done or
omitted, implies simply a purpose or willingness to commit the act or make intent to violate law
or to injure another or to acquire an advantage. (Prior code § 1.04.050)