§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances and resolutions, the following rules shall govern, unless such construction would be inconsistent with the manifest intent of the board of commissioners:

    Board of commissioners. The terms "board" and "board of commissioners" mean the board of commissioners of Jackson County, Georgia, as the governing authority of the county.

    Bond. When a bond is required by law, an undertaking in writing, without seal, is sufficient; and in all bonds where the names of the obligors do not appear in the bond, but are subscribed thereto, they shall be bound by such signature.

    Code. The term "Code" means The Code of Jackson County, Georgia, as designated in section 1-1.

    Computation of time. Except as otherwise provided by time period computations specifically applying to other laws, when a period of time measured in days, weeks, months, years or other measurements of time, except hours, is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted, but the last day shall be counted; and if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in O.C.G.A. § 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

    County. The terms "county," "the county" and "this county" mean Jackson County, Georgia.

    Court. The term "court" means the court provided by law for the punishment of offenders against the laws or ordinances of the county, whether it shall be the court now constituted or a court hereafter established pursuant to law.

    Delegation of authority. Whenever a provision requires the head of a department or an official of the county to do some act or perform some function, it shall be construed to authorize the head of such department or the official to designate, delegate and authorize subordinates to do the required act or perform the required function, unless the terms of the provisions designate otherwise.

    Gender. Reference to a gender shall include the other gender.

    Interpretation. In the interpretation and application of any provision of this Code, it 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 the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    Joint authority. A joint authority given to any number of persons or officers may be executed by a majority of them, unless it is otherwise declared.

    Keeper, proprietor. The terms "keeper" and "proprietor" mean and include persons, firms, associations, corporations, clubs and co-partnerships, whether acting by themselves or as a servant, agent or employee.

    Month, year. The terms "month" and "year" mean a calendar month and a calendar year, unless otherwise provided.

    Names of officers, departments. The name or title of any officer or department shall be read as though the words "of Jackson County" were added thereto.

    Nontechnical and technical words. The ordinary significance shall be applied to all words, except words of art, or words connected with a particular trade or subject matter, in which case they shall have the significance attached to them by experts in the trade or with reference to the subject matter.

    Number. The singular or plural number shall each include the other, unless expressly excluded.

    Oath. The term "oath" includes an affirmation.

    O.C.G.A. The abbreviation "O.C.G.A." means the Official Code of Georgia Annotated, as amended.

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

    Owner. The term "owner," when applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land.

    Person. The term "person" shall extend and be applied to firms, partnerships, associations, organizations, corporations and bodies politic, or any combination thereof, as well as to natural persons.

    Preceding, following. The terms "preceding" and "following" mean generally next before and next after, unless the context requires a different significance.

    Property. The term "property" includes real and personal property.

    Public place. The term "public place" shall include any place that the public is invited or permitted to go or congregate.

    Seating, minimum. Where this Code requires seating for a minimum number of persons, only chairs, stools and booths shall be provided as the required seating. The capacity of seats without dividing arms shall be determined by allotting 18 inches per occupant.

    Shall, may. The term "shall" is mandatory; the term "may" is permissive.

    Signature, subscription. The terms "signature" and "subscription" include the mark of an illiterate or infirm person.

    State. Whenever the terms "state," "the state" and "this state" are used, they refer to the State of Georgia.

    Street. The term "street" shall include streets, sidewalks, avenues, boulevards, roads, alleys, lanes and all other public highways in the county, unless otherwise provided.

    Substantial compliance. A substantial compliance with any requirement of this Code, or amendatory ordinances to this Code, especially on the part of public officers, shall be deemed and held sufficient; and no proceeding shall be declared void for want of such compliance, unless expressly provided.

    Tenant, occupant. The terms "tenant" and "occupant," when applied to a building or land, include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.

    Tense. The present or past tense include the future.

    Writing. The term "writing" includes printing, numerals, pictures, illustrations and printed or written designs.

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

(Code 2005, § 1-2)

State law reference

Statutory definitions and rules of construction, O.C.G.A. § 1-3-1 et seq.; computation of time, O.C.G.A. § 1-3-1; construction of definitions, O.C.G.A. § 1-3-2; meaning of certain words, O.C.G.A. § 1-3-3; time, O.C.G.A. § 9-11-6.