§ 1-4. Rules of construction and definitions.  


Latest version.
  • The rules and the definitions set forth in this section shall be observed in the construction of this Code and the ordinances of the city unless such construction would be inconsistent with either the manifest intent of the council, the city charter, the context of this Code or the ordinances of the city.

    Acts by agents. When an ordinance requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.

    Administrative policies. Administrative policies shall be those policies which are established by the mayor and council or the city manager and will be on such items as affect all personnel of the city staff and the city's general functions.

    Administrative regulations. Administrative regulations shall be written orders which are issued by the city manager and compiled in a manual.

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

    Charter. The words "charter" or "city charter" shall mean the Charter of Glendale.

    City. The words "the city" or "this city" shall mean the City of Glendale, in the county of Maricopa and State of Arizona, except as otherwise provided.

    City treasurer. The term "city treasurer" shall mean the person designated as such by the city manager.

    Code. The words "the code" or "this code" shall mean The Code of the City of Glendale, as designated in section 1-1 above unless the context indicates otherwise.

    Computation of time. Except as otherwise provided, the time in which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is a holiday, and then it is also excluded. In cases in which notice of a decision by the city must be given to a petitioner and in which the petitioner must file a notice of appeal of such decision within a time certain of less than ten (10) days, such time shall be computed starting with the day after the day during which the notice of decision is received by the petitioner by personal service or registered or certified mail.

    State Law reference— Similar provisions, A.R.S. 8 1-243.

    Council. The words "the council" or "city council" shall mean the council of the City of Glendale.

    County. The words "the county" or "this county" shall refer to Maricopa County, Arizona.

    Day. A "day" is the period of time between any midnight and the midnight following.

    Daytime. Daytime is the period of time between sunrise and sunset.

    State Law reference— Similar provisions, A.R.S. 8 1-215(6).

    Departments, boards, officers, etc. Whenever any department, board, commission, office, officer, or employee is referred to, it shall mean a department, board, commission, office, officer, or employee of the city unless the context clearly indicates otherwise.

    Department head directives. Department head directives shall be written orders which are issued by department heads, approved by the city manager, and compiled in a manual.

    Finance director. The term "finance director" shall mean the person designated as such by the city manager.

    Gender. Words importing the masculine gender shall include the feminine and neuter.

    State Law reference— Similar provisions, A.R.S. § 1-214.

    Health officer. The term "health officer" shall mean the director of the county health department or his authorized agent.

    In the city. The words "in the city" or "within 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.

    State Law reference— Extraterritorial jurisdiction, A.R.S. §§ 9-240(B)(21), 9-276(A)(18), 9-402; application of municipal ordinances to municipally owned, leased, etc., property, A.R.S. § 9401.

    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.

    State Law reference— Similar provisions, A.R.S. § 1-216.

    May. The word "may" shall be construed as being permissive.

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

    State Law reference— Similar provisions, A.R.S. § 1-215(19).

    Must. The word "must" shall be construed as being mandatory.

    Nighttime. Nighttime is the period of time between sunset and sunrise.

    State Law reference— Similar provisions, A.R.S. § 1-215(21).

    Number. Words used in the singular include the plural and the plural includes the singular number.

    State Law reference— Similar provisions, A.R.S. § 1-214.

    Oath. An oath includes an affirmation or a declaration.

    State Law reference— Similar provisions, A.R.S. § 1-215(22).

    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 the state, the county, a political subdivision, a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

    Personal property. "Personal property" includes money, goods, chattels, dogs, things in action and evidence of debt.

    State Law reference— Similar provisions, A.R.S. § 1-215(25).

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

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

    State Law reference— Similar provisions, A.R.S. § 1-215(28).

    Public place. The term "public place" shall include but not be limited to any park, cemetery, schoolyard or open space adjacent thereto and any lake or stream.

    Real property. Real property is coextensive with lands, tenements and hereditaments.

    State Law reference— Similar provisions, A.R.S. § 1-215(28).

    Reasonable time or notice. In all cases where any section of this Code shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.

    Shall. The word "shall" shall be construed as being mandatory.

    Shall have been. The words "shall have been" include past and future cases.

    Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent properly line intended for the use of pedestrians.

    Signature or subscription. A signature or subscription includes a mark, when a person cannot write, with his name written near it and witnessed by a person who writes his own name as witness.

    State Law reference— Similar provisions, A.R.S. § 1-215(31).

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

    Street. The word "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, land, viaduct, bridge and the approaches thereto within the city.

    Technical and nontechnical words. All words and phrases shall be construed and understood 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 the law shall be construed and understood according to such peculiar and appropriate meaning.

    State Law reference— Similar provisions, A.R.S. § 1-213.

    Tenant or occupant. The words "tenant" and "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. The present tense includes the past and future tenses, and the future includes the present.

    State Law reference— Similar provisions, A.R.S. § 1-214.

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

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

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

(Code 1963, § 1-2)