§ 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless they are inconsistent with the intent of the council or the context clearly requires otherwise:

Bond. When a bond is required, an undertaking in writing shall be sufficient.

Charter. The word "Charter" shall mean the Charter of the City of Alpena, Michigan, and shall include any amendment to such Charter.

City. The word "city" shall denote the City of Alpena, Michigan.

Code. The expressions "Code" or "this Code" shall mean the Code of Ordinances, City of Alpena, Michigan, as designated in section 1-1 and as modified by amendment, revision and by the adoption of new chapters, articles, divisions or sections.

Computation of time. The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is Sunday or a legal holiday, it shall be excluded; when the time is expressed in hours, the whole of Sunday or a legal holiday, from midnight to midnight, shall be excluded, except for parking tickets.

Council. The word "council" shall mean the council of the City of Alpena.

County. The term "the county" or "this county" shall mean the County of Alpena in the State of Michigan.

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

Gender. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.

General terms. A general term following specific enumeration of terms is not to be limited to the class enumerated, unless expressly so limited.

Interpretation. In the interpretation and application of any provision of this Code, it 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 the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Joint authority. All words purporting to give joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise expressly declared in the ordinance granting the authority.

MCL, MSA. The abbreviations "MCL" and "MSA" refer to the Michigan Compiled Laws and Michigan Statutes Annotated, respectively, as amended.

Month. The word "month" shall mean a calendar month.

Number. Words in the singular shall include the plural, and words in the plural shall include the singular.

Oath. The word "oath" includes affirmation.

Officer, employee, department, board, commission or other agency. Whenever any officer, employee, department, board, commission or other agency is referred to by title only, such reference shall be construed as if followed by the words "of the City of Alpena, Michigan." Whenever, by the provisions of this Code, any officer, employee, department, board, commission or other agency of the city is assigned any duty or empowered to perform any act or duty, reference to such officer, employee, department, board, commission or agency shall mean and include such officer, employee, department, board, commission or agency or any deputy or authorized subordinate.

Or, and. The words "or" may be read "and," and "and" may be read "or" if the sense requires it.

Owner. The word "owner," applied to buildings or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

Person. The word "person" and its derivatives and the word "whoever" shall include a natural person, partnership, association, legal entity or a corporate body or any body of persons corporate or incorporate. Whenever used in any clause prescribing and imposing a penalty, the term "person" or "whoever," as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.

Personal property. The term "personal property" includes money, goods, chattels, things in action and evidence of debt.

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

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

Public Act. References to public acts are to public acts of Michigan. Any reference to a public act whether by act number or short title, is a reference to the act, as amended.

Public place. The term "public place" means any public way, park, cemetery, schoolyard 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.

Real estate and real property. The terms "real estate" and "real property" include lands, tenements and hereditaments, and all rights thereto, and interests therein, equitable as well as legal.

Shall/may. Whenever the word "shall" appears in this Code, it shall be considered mandatory and not directory, except as otherwise provided. "May" is permissive.

Sidewalk. The word "sidewalk" means any paved portion of a street between the curbline, or the lateral lines of a roadway, and the adjacent property line, intended for the use of pedestrians.

Signature or subscription. The term "signature or subscription" includes a mark, the name being written near the mark and witnessed.

State. The term "the state" or "this state" shall be construed to mean the State of Michigan.

Street. The word "street" means and includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the city.

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

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

Writing. The words "writing" and "written" include printing, typesetting, engraving, lithography and any other mode of representing words and letters.

Year. The word "year" means a calendar year, unless otherwise expressed.

State law reference

Rules of construction, MCL 8.3 et seq., MSA 2.212 et seq.