§ 1-2. Rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

    Charter. The word "Charter" shall mean the Home Rule Charter of the City of Bogalusa amended and printed in Part I of this Volume.

    City. The word "city" shall mean the "City of Bogalusa, Louisiana."

    City boards, committees, commissions, officers and departments. Whenever reference is made to a board, committee, commission, officer or department, the same shall be construed as if followed by the words "of the City of Bogalusa, Louisiana."

    City council, council. Wherever the words "city council" or "council" are used, they shall be construed to mean "the city council of the City of Bogalusa."

    Code. The word "Code" shall mean the "City of Bogalusa Code."

    Computation of time. In computing a period of time allowed or prescribed by law or by order of court, 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 (7) days.

    State Law reference— Similar provisions, LSA-C.C.P. art. 5059.

    Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

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

    State Law reference— Similar provisions, R.S. 1:8.

    Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

    Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.

    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 only shall extend and be applied to several persons and things as well as to one (1) person and thing.

    State Law reference— Similar provisions, R.S. 1:7.

    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."

    Owner. The word "owner," applied to a building or land, shall 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.

    Parish. Whenever the word "parish" is used it shall mean and refer to Washington Parish, Louisiana.

    Person. The word "person" shall extend and be applied to firms, partnerships, associations, bodies politic and corporate, or any other group acting as a unit, as well as to individuals.

    State Law reference— Similar provisions, R.S. 1:10.

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

    Property. The word "property" shall include real and personal property.

    R.S. The abbreviation R.S. refers to the latest edition or supplement of the Louisiana Revised Statutes.

    Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

    Signature and subscription. The words "signature" and "subscription" include a mark when the person cannot write.

    State. The word "state" shall be construed to mean the State of Louisiana.

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

    Writing and written. The words "writing" and "written" shall include printing.

(Code 1955, § 1-2)