§ 1-2. Rules of construction and definitions.  


Latest version.
  • (a)

    In the construction of this Code and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the parish council. The rules of construction and definitions set out herein 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.

    (b)

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

    Generally. 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 parish council may be fully carried out.

    Charter. Whenever the words "Charter" or "the Charter" appear in this volume they shall mean and refer to the Home Rule Charter for Tangipahoa Parish, Louisiana, as printed in part I of this volume.

    Code. The word "Code" shall mean the Code of Ordinances, Tangipahoa Parish, Louisiana, as designated in section 1-1.

    Computation of time. In computing a period of time allowed or prescribed by ordinance, the date of the act, event or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday. A half-holiday is considered as a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:

    (1)

    It is expressly excluded;

    (2)

    It would otherwise be the last day of the period; or

    (3)

    The period is less than seven days.

    State Law reference— Similar provisions, Code of Civ. Proc. Art. 5059.

    Gender. Words used in one gender apply also to the other genders, except as otherwise clearly indicated by the context.

    Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

    May. The word "may" is permissive.

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

    Nontechnical and technical words. 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 law shall be construed and understood according to such meaning.

    Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

    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."

    Officers, boards, commissions. Whenever reference is made to officers, boards or commissions by title only, such as "council" or "convention and tourist commission," such references shall be read as though followed by the words "of Tangipahoa Parish, Louisiana."

    Or. Unless it is otherwise clearly indicated by the context, whenever the term "or" is used, it is used in the disjunctive and does not mean "and/or."

    State Law reference— Similar provisions, R.S. 1:9.

    Parish. The words "the parish" or "this parish" shall mean the Parish of Tangipahoa, Louisiana.

    Parish council or council. The words "parish council" or "council" shall mean the parish council for the Parish of Tangipahoa, Louisiana.

    Person. The word "person" shall extend and be applied to a number of persons and to associations, clubs, societies, firms, partnerships, and bodies politic and corporate, as well as to individuals.

    Property. The word "property" shall include immovable and movable property.

    R.S. The abbreviation "R.S." shall mean the latest edition of the Louisiana Revised Statutes, as amended.

    Shall. The word "shall" is mandatory.

    Signature or subscription. A "signature" or "subscription" includes a mark when the person cannot write.

    State. The words "the state" or "this state" shall be construed to mean the State of Louisiana.

    Street or road. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, and all other public highways in the parish.

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

    Week. The word "week" shall be construed to mean seven days.

    Year. The word "year" shall mean a calendar year.

(Code 1975, §§ 1:3, 1:7—1:12)