§ 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances, the rules of construction and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the city council. The rules of construction and definitions set out in this section shall not be applied to any section of this Code which shall contain any express provisions excluding such construction or where the subject matter or context of such section may be repugnant thereto.

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 council, 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.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(a), (b).

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 city council 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.

Illustrations and summaries. In case of any difference of meaning or implication between text and any caption, illustration, summary table or illustrative table, the text shall control.

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

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(5).

Charter. "Charter" means the Charter of the City of Atlanta, Georgia.

City. "City" means the City of Atlanta, Georgia.

Code. "Code" means Code of Ordinances of the City of Atlanta, Georgia, as designated in section 1-1. The Code consists of two parts designated with Roman numerals. Part II is the General Ordinances (in which this section is located). Part III is the Land Development Code and consists of provisions that bear the same section numbers as the section numbers assigned to them in the city's 1977 code.

Computation of time. When a number of days is prescribed for the exercise of any privilege or the discharge of any duty, only the first or last day shall be counted. If the last day shall fall on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise such privilege or to discharge the duty. When the last day prescribed for such action shall fall on a public or legal holiday as set forth in state law, the party having such privilege or duty shall have through the following business day to exercise such privilege or to discharge the duty. When the period of time prescribed is less than seven days, an intermediate Saturday, Sunday and legal holiday shall be excluded in the computation.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(3).

Conjunctions. Where a provision involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:

(1)

And indicates that all the connected items, conditions, provisions or events shall apply.

(2)

Or indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

Either… or indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.

Council, city council. "Council" or "city council" means the city council of the City of Atlanta, Georgia.

County. "County" means Fulton County, Georgia, DeKalb County, Georgia and such other counties in which the city may be located or any combination of such counties.

Delegation of authority. Whenever a provision appears requiring a city officer or city 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. "Following" means next after.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(8).

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.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(4).

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.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(5).

Joint city-county board of tax assessors. All references to a joint city-county board of tax assessors are references to the Fulton County tax assessor or to such other officer or agency as performs the functions of such joint board.

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

May. "May" is to be construed as being permissive.

State Law reference— Definition of "may," O.C.G.A. § 1-3-3(10).

Month. "Month" means a calendar month.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(11).

Must. "Must" is to be construed as being mandatory.

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

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(6).

Oath. "Oath" includes an affirmation.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(12).

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

Officials, employees, boards, commissions or other agencies. Whenever reference is made to officials, employees, boards, commissions or other agencies by title only, the reference refers to the officials, employees, boards, commissions or other agencies of the city.

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

State Law reference— Definition of "person," O.C.G.A. § 1-3-3(14).

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

Preceding. "Preceding" means next before.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(15).

Property. "Property" includes real and personal property.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(16).

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

Real property. "Real property" include lands, tenements and hereditaments.

Sexual orientation. "Sexual orientation" means the state of being heterosexual, homosexual or bisexual.

Shall. "Shall" is to be construed as being mandatory.

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

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

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(19).

State. "State" means the State of Georgia.

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

Tenant or occupant. "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.

State Law reference— Tense of words, O.C.G.A. § 1-3-1(7).

Week. "Week" means seven days.

Will. "Will" is to be construed as being mandatory.

Writing. "Writing" includes printing and all numerals.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(23).

Year. "Year" means a calendar year.

(Code 1977, § 5-6001)

State law reference

Similar provisions, O.C.G.A. § 1-3-3(24).