Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Construction of words and phrases.
1.04.040 Exemption of officials and appointed officers.
1.04.010 Construction of words and phrases.
The general rule shall be that all words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such meaning. Words not covered by this rule, or any words not included hereinafter, shall be interpreted according to Webster’s New Collegiate Dictionary, based on Webster’s New International Dictionary. (Ord. 74-O-1, 1975)
1.04.020 Definitions.
A. “City” means the City of Houston, in the Matanuska-Susitna Borough, state of Alaska, except as otherwise provided. The words “in the City” or “within the City” mean and include all territory over which the City has jurisdiction for the exercise of its regulatory powers as authorized by the laws of the state.
B. “Code” means the Houston Municipal Code.
C. “Council” or “Common Council” means the City Council as a body, or a quorum of not less than four members of the City Council.
D. Gender. Words importing the masculine gender shall include the feminine and neuter.
E. “Month” means a calendar month.
F. “Oath” includes an affirmation in all cases of law. “Swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
G. “Person” means and includes corporations, companies, partnerships, societies and legal entities as well as individuals.
H. “Preceding” means next before. “Following” means next after.
I. Property. “Personal property” includes all species of property except real property. “Real property” includes lands, tenements, hereditaments and possessory rights to such that are coextensive to real property.
J. Shall and May. “Shall” is mandatory; “may” is permissive.
K. “Signature” shall be in writing, not printed. When a signature includes a mark such as an “X” mark because the signer cannot write his name, such signer’s name must be written near the mark by a witness to the mark, who then writes his own name near the name of the signer’s or subscriber’s name. Such a signature can be acknowledged or can serve as a signature to a sworn statement when two witnesses sign their own name.
L. Tenses. The present tense includes the past and future tenses; the future includes the present.
M. Time Computation. The time within which an act is to be done as provided in an ordinance, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last is a Saturday, Sunday or legal holiday it shall be excluded; and when such time is expressed in hours, the whole of Saturday, Sunday or the legal holiday, from midnight to midnight, shall be excluded.
N. Time, Reasonable. In all cases where any ordinance shall require any act to be done in a reasonable time, or reasonable notice be given, such time shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.
O. “Week” means seven consecutive days.
P. “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 expressly provided otherwise. (Ord. 74-O-1, 1975)
1.04.030 Severability.
It is declared to be the intention of the City Council, and is made a part of this code, that any sections, paragraphs, sentences, clauses and words used in any ordinance are severable, and if such are declared unconstitutional, invalid or unenforceable, it shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this code or other ordinances. (Ord. 74-O-1, 1975)
1.04.040 Exemption of officials and appointed officers.
No provision of this code designating the duties of an officer or employee of the City shall be so construed as to make such person liable for any fine or penalty, unless the intention of the Council to impose such a fine or penalty for a violation is clearly expressed in the ordinance creating or establishing the duties of such officer or employee. (Ord. 74-O-1, l975)