§ 1-2. Definitions and rules of construction.

The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that 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.

And/or. The term "and" may be read "or," and the term "or" may be read "and" where the sense requires it.

City. The term "the city" or "this city" means the City of Wetumpka, Alabama.

City council, council. Whenever the term "city council" or "council" is used, it shall be construed to mean the city council of the City of Wetumpka, Alabama, unless the context clearly establishes otherwise.

City officials, officers and employees. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "mayor," "city clerk," "planning commission," "chief of police," or any other such designation, such references shall be deemed to be to the officials, boards, commissions, departments, etc., of the City of Wetumpka; and the powers and authority granted to them shall be deemed to be grants of such powers and authority to their respective designated subordinates.

Code. Whenever the term "Code" is used without further qualification, it means the "Code of Ordinances, City of Wetumpka, Alabama," as designated in section 1-1.

Code of Ala. 1975. Whenever reference is made to the "Code of Ala. 1975," it means the Code of Alabama 1975, as amended, or any subsequent code of this state.

Computation of time. The time in which an act is to be done must be computed by excluding the first day and including the last.

Corporate limits. The term "corporate limits" means the corporate limits of the city not including its police jurisdiction.

Corporation. The term "the corporation" means the City of Wetumpka.

County. The term "county" or "this county" means the County of Elmore, Alabama.

Gender. Words in the masculine gender include the feminine and neuter genders.

May. The term "may" is to be construed as being permissive and not mandatory.

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

Number. The singular includes the plural, and the plural includes the singular.

Oath. The term "oath" includes an affirmation in all cases where by law an affirmation may be substituted for an oath. If any oath or affirmation is required to be taken, such oath or affirmation shall be taken before and administered by some officer authorized by law to administer oaths, at the place where the oath is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer.

Occupant. The term "occupant," as applied to a building or land, includes:

(1)

Any person who either alone or with others occupies such building or land.

(2)

Any person wrongfully occupying land or premises.

Owner. The term "owner" includes not only the owner of the whole but any part owner, joint tenant, tenant in common, tenant in partnership or joint tenant of the whole or part of any property.

Person. The term "person" includes a firm, corporation, association of persons or a partnership, as well as a natural person.

Personal property. The term "personal property" includes every species of property except real property.

Police jurisdiction. The term "police jurisdiction" means the territory outside of the corporate limits of the city but within 1½ miles of such limits, but not including territory within the corporate limits of any other incorporated municipality.

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

Premises. The term "premises," as applied to real property, includes land and structures.

Property. The term "property" includes real estate, personal property, choses in action, money, mixed property and every class of property rights, including tangible and intangible assets.

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

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

Signature or subscription. The term "signature" or "subscription" includes a mark when the person is unable to write his name if the person's name is written near the mark and is witnessed by a person who writes his own name as a witness.

State Law reference— Proof of mark in a conveyance, Code of Ala. 1975, § 35-4-2.

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

Street. The term "street" shall be construed to embrace alleys, avenues, boulevards, highways, roads, lanes, streets, viaducts and all other public ways in the city and shall embrace all parts of the street within the designated right-of-way. In those instances where the public records are silent, the term shall embrace all of the area between the off-street edge of the sidewalk or walkway on each side of the street, including the grassplots or other divisional areas lying between the sidewalk or walkway and street.

Tenant. The term "tenant" as applied to a building or land, includes any person holding either alone or with others a written or oral lease of such building or land.

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

Week. The term "week" means a period of seven consecutive days.

Writing or written. The term "writing" or "written" includes printing and typewriting on paper or other printing or writing material.

Year, month. The term "year" means a calendar year, and the term "month" means a calendar month unless otherwise specified.