§ 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 town 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 as "or" and the term "or" may be read "and," where the sense requires it.

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

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

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

Computation of time. The time in which an act is to be done must be computed by excluding the first and including the last day; and if the last day is a Sunday or legal holiday, that shall be excluded.

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

Corporation. The term "the corporation" means the town, as defined in this section.

Council, town council. The terms "council" and "town council" mean the town council of Flomaton, Alabama.

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

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, unless a more limited intent is disclosed in the context.

Joint authority. All words giving joint authority to three 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 declared.

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

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

Month. The term "month" means a calendar month.

Municipality. The term "municipality" means the Town of Flomaton, Alabama.

Number. A word importing the singular may extend and be applied to the plural as well as to the singular number, and vice versa.

Oath. The term "oath" includes 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 same is required to be taken or administered, unless otherwise expressly directed, and, when necessary, duly certified by such officer.

Officers, departments, boards, commissions. Any reference to the title of an officer, department, board or commission shall be construed as if followed by the words "of the Town of Flomaton, Alabama."

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

Person. The term "person" extends and is applied to associations, clubs, societies, firms, partnerships, trustees, agents and bodies politic, or any combination thereof, as well as to natural persons.

Personal property. The term "personal property" includes every species of property except real property as defined in this section.

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

Preceding, following. The terms "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 and personal property.

Real property, real estate, land, lands. The term "real property," "real estate," "land," or "lands" includes lands, tenements and hereditaments.

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 their 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. 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 town and shall embrace all parts thereof within the designated right-of-way. In those instances where the public records are silent, the term "street" 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, occupant. The term "tenant" or "occupant," as applied to a building or land, includes:

(1)

Any person holding, either alone or with others, a written or oral lease of such building or land.

(2)

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

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

Town. The term "the town" or "this town" means the Town of Flomaton, Alabama.

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

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The term "year" means a calendar year.

(Code 1999, § 1-2)