Section 1-2 Definitions and rules of construction.


    In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section or ordinance or unless inconsistent with the manifest intent of council or unless the context clearly requires otherwise:

     Charter. The words "the charter" shall be deemed to mean and refer to the Home Rule Charter for the City of Columbia, Missouri, adopted by the people at a special election held on November 11, 1974.

     City. The words "the city" shall mean the City of Columbia, in the State of Missouri.

     Code. The words "this Code" or "the Code" shall mean the Code of Ordinances, Columbia, Missouri.

     Code of Ordinances. The words "Code of Ordinances" shall mean the Code of Ordinances of Columbia, Missouri.

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

     Council, City. The words "the council" or "city council" shall mean the city council of Columbia, Missouri.

     County. The words "the county" shall mean the County of Boone.

     Day. "Day" is any period of twenty-four (24) hours.

     Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

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

     Gender. When any subject matter, party or "person" is described or referred to by words importing the masculine, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included.

     In the city. The words "in the city" shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
     Joint authority. Words importing joint authority to three (3) or more persons shall be construed as giving such authority to a majority of such persons.

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

     Number. When any subject matter, party or person is described or referred to by words importing the singular number, the plural and separate matters and persons and bodies corporate shall be deemed to be included.

     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, departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Columbia, unless the context clearly indicates otherwise.

     Official time. Whenever certain hours are named in this Code, they shall mean Central Standard Time or Daylight Saving Time, as may be in current use in the city.

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

     Owner. The word "owner, " applied to a building 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" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this Code prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.

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

     Process. "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

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

     Public way. The words "public way" shall include any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

     Real property. The terms "real property" or "premises" or "real estate" or "lands" shall be deemed to be nonextensive with lands, tenements and hereditaments.

     Shall, may. "Shall" is mandatory; "may" is permissive.

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

     Signature. Where the written signature of any person is required, the proper handwriting of such person or his mark shall be intended.

     State. The words "the state" or "this state" shall mean the State of Missouri.

     Street. The word "street" shall mean and include any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include every other of them.

     Tangible personal property. Tangible personal property shall include goods, chattels and all personal property except intangible personal property.

     Tenant, occupant. The words "tenant" or "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 past or present tense include the future as well as the past and present.

     Week. A week consists of seven (7) consecutive days.

     Writing, written. The words "writing" and "written" shall include printing, lithographing or other mode of representing words and letters.

     Year. The word "year" shall mean a calendar year, unless otherwise expressed, and the word "year" shall be equivalent to the words "year of our Lord."

    All general provisions, terms, phrases and expressions contained in this Code shall be literally construed in order that the true intent and meaning of the council may be fully carried out.

(Code 1964, § 1.040)

     State law reference(s)--Definitions generally, RSMo § 1.0020 et seq.