Sec. 1-2.  Definitions and rules of construction.

 

In the construction of this Code and all other ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the council or the context clearly requires otherwise:

 

City:  The words “the city” or “this city” shall be construed as if followed by the words “of Norfolk, Nebraska.”

 

Code:  The words “the Code” or “this Code” shall mean The Code of the City of Norfolk, Nebraska.

 

Computation of time:  The time within which an act is to be done, is computed by excluding the first day and including the last, unless the last day falls upon any legal holiday or on Saturday or Sunday, in which case the last day is also excluded.

 

Council:  Whenever the word “council” is used, it shall be construed to mean the council of the City of Norfolk, Ne­braska.

 

County:  The words “the county” or “this county” shall mean Madison County, Stanton County or Pierce County, as appropriate.

 

Delegation of authority:  Whenever a provision appears in this Code requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordi­nates to perform the required act or make the required inspection unless the terms of the provision or section ex­pressly designates otherwise.

 

Gender:  A word importing the masculine gender only, shall extend and be applied to females and to firms, partnerships, associations and corporations as well as to males.

 

Joint authority:  Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise specifically declared.

 

Law:  Any statute, ordinance or regulation promulgated by the United States, the state, the county, the city or any agency thereof, as well as the rules and regulations of other bodies politic that may be appropriate.

 

Month:  The word “month” shall mean a calendar month.

 

Number:  Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.

 

Oath:  The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

 

Officials, employees, boards, commissions, etc.:  Whenever reference is made to officials, employees, boards, commissions or other agencies of the city by title only, i.e., “mayor,” “clerk,” “manager,” “chief of police,” etc., they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this city.

 

Or, and:  “Or” may be read “and” and “and” may be read “or” if the context of the provision requires it.

 

Owner:  The word “owner” shall, when applied to a building or land, include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

 

Person:  The word “person” shall include and be applied to a firm, partnership, association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, as well as to an individual.

 

Personal property:  The words “personal property” shall include money, goods, chattels, evidences of debt, things in action, and any other species of property, except real property.

 

Preceding, following:  The words “preceding” and “following” shall mean the next before and the next after, respectively.

 

Property:  The word “property” shall include real, personal and mixed property.

 

Public place:  Any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.

 

Public way:  Any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

 

Real property:  The words “real property” shall include lands, tenements and hereditaments.

 

Roadway:  That portion of a street improved, designed or ordinarily used for vehicular traffic.

 

Shall, may:  The word “shall” is mandatory, and the word “may” is discretionary.

 

Sidewalk:  The word “sidewalk” shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line intended for the use of pedestrians.

 

Signature or subscription by mark:  “Signature” or “subscription by mark” includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when one witness shall sign his own name thereto.

 

State:  The word “the state” or “this state” shall be con­strued to mean the State of Nebraska.

 

Street:  The word “street” shall mean and include public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges, public ways and approaches thereto and other public thoroughfares in the city devoted to public use.

 

Tenant, occupant:  The words “tenant” and “occupant,” applied to a building or land shall mean any person who occupies the whole or a part of such building or land, whether alone or with others.

 

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

 

Week:  A week consists of seven (7) consecutive days.

 

Writing:  Writing includes any form of recorded message capable of comprehension by ordinary visual means.  Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing, in the English language, unless it is expressly provided otherwise.

 

Year:  The word “year” shall mean a calendar year, except where otherwise provided. 

 

Source:  Code 1962, §§ 1-1-4, 1-1-5; Ord. No. 3058, § l(l), 3-1-82