§ 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances, the following rules are observed unless the construction would be inconsistent with the manifest intent of the city commission:

City or this city. The term "city" or "this city" shall be construed as if the words "of Collinsville, Oklahoma" followed them.

City board of commissioners, commission, board of commissioners, or city commission. The term "commission", "board of commissioners" or "city commission" means the city board of commissioners.

Code. The term "Code"    means the Code of Ordinances, City of Collinsville, Oklahoma, as designated in section 1-1 .

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which the notice is given or the act is done shall be counted in computing the time, but the day on which the proceeding is to be had shall not be counted.

State Law reference— Computation of time, 12 O.S. § 2006; periods of time, 25 O.S. § 23.

Conjunctions. Where a provision involves two or more items, conditions, provisions, or events connected by any of the conjunctions "and," "or," "either . . . or," or "neither . . . nor," the conjunction shall be interpreted as follows, provided that in appropriate cases the terms "and" and "or" are interchangeable:

(1)

The term "and" indicates that all the connected items, conditions, provisions or events shall apply.

(2)

The term "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

(3)

The terms "either . . . or" and "neither . . . nor" indicate that the connected items, conditions, provisions, or events shall apply singly, but not in combination.

County. The city is located in the counties of Rogers and Tulsa. The term "county" means both counties collectively when referring to the entire geographical limits of the city. When a provision of this Code refers to a specific area of the city, the term "county" means the county in which that geographical area of the city is located.

Day. A day is the period of time between any 12:00 midnight and the 12:00 midnight following.

State Law reference— Fractions of a day, 25 O.S. § 23.

Delegation of authority. Whenever any authority, duty or other activity is charged to a city officer or employee, it may be done as well by such person's duly appointed agent, so long as not prohibited by ordinance, Charter or the laws or constitution of the state, and so long as such officer or employee retains supervision over the discharge of the duly delegated authority, duty or activity.

Fee schedule or schedule of fees and charges. The term "fee schedule" or "schedule of fees and charges" means the official consolidated list lists included in chapter 22 that lists rates adopted by the city board for utility or other public enterprises, fees of any nature, deposit amounts, fines, penalties or other various monetary charges as determined from time to time by the city board.

Gender. A word importing one gender only shall extend and be applied to other genders and to firms, partnerships, and corporations as well.

State Law reference— Similar provisions, 25 O.S. § 24.

Health department and health officer. The term "health department" means the Tulsa County Health Department. The term "health officer" means the director of the Tulsa County Health Department.

Highway. The term "highway" means any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway in the city, dedicated or devoted to public use.

State Law reference— Similar provisions, 47 O.S. § 1-122, 69 O.S. § 222.

Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than any general provisions imposed by this Code, the provision imposing the greater restriction or regulation shall be applicable.

State Law reference— Similar provisions, 25 O.S. § 29.

Joint authority. All words giving 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, 25 O.S. § 31.

Law. The term "law" includes applicable federal law, provisions of the constitution and statutes of the State of Oklahoma, the provisions of this Code, the provisions of other ordinances of the city, and, when appropriate, any and all rules and regulations promulgated thereunder.

Liberal construction; minimum requirements; overlapping provisions.

(1)

The ordinary signification shall be applied to all words, except words of art or words connected with a particular trade or subject matter when they shall have the signification attached to them by experts in such trade or with reference to such subject matter.

(2)

In all interpretations the courts shall look diligently for the intention of the city board of comissioners, keeping in view, at all times, the old law, the evil, and the remedy. Grammatical errors shall not vitiate, and a transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands.

(3)

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 city board may be fully carried out. In the interpretation and application of any provision 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.

State Law reference— Similar provisions regarding state statutes, 25 O.S. § 29.

Mayor. The term "mayor" means the mayor of the city.

State Law reference— Similar provisions, 11 O.S. § 1-102(4).

Month. The term "month" means a calendar month.

State Law reference— Periods of time, 25 O.S. § 23.

Must. The term "must" is to be construed as being mandatory.

Nontechnical and technical words. Words and phrases which are not specifically defined shall be construed according to the common and accepted 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. Words used in the plural number may also include the singular unless a contrary intention plainly appears.

State Law reference— Similar provisions, 25 O.S. § 25.

Oath. The term "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.

State Law reference— Affirmation generally, 12 O.S. § 72.

Officials or officers , etc. Whenever references are made to officers, agencies or departments by title only, i.e. clerk, city clerk, city attorney, fire chief, chief of police, etc. they shall mean the officers, agencies or departments of the city.

Ordinance. The term "ordinance"    means a formal legislative act of the city board of trustees which has the force and effect of a continuing regulation and a permanent rule of conduct or government for the city.

O.S. The abbreviation "O.S." is a reference to statutes of Oklahoma as they now are or as they may be amended to be.

Owner. The term "owner" includes, applied to a building or land, 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 or vendee in possession under a land sale contract.

Person. The term "person" shall extend and be applied to an actual person, any persons, and to associations, clubs, societies, firms, partnerships, and bodies politic and corporate, or the manager, lessee, agent, servant, officer or employee of any of them, unless a contrary intention plainly appears.

Personal property. The term "personal property" shall include money, goods, chattels, things in action and evidences of debt.

State Law reference— Similar provisions, 25 O.S. § 26(3).

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

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

Public ground, public place, or public buildings. The term "public grounds," "public places" or "public buildings" shall be construed to mean any park or open space adjacent thereto, any lake or stream, and any and every public ground, public square, public park, street or sidewalk or other public place within the city.

Resolution. The term "resolution" means a special or temporary act of the city board of trustees which is declaratory of the will or opinion of the city in a given matter, and is in the nature of a ministerial or administrative act. A resolution is not a law and does not prescribe a permanent rule of conduct or government. A resolution is less solemn or formal than an ordinance.

Right-of-way. The term "right-of-way" means any land dedicated to the city or owned by the city for public purposes. The term "right-of way" includes easements but does not include parks, playgrounds or public buildings.

State Law reference— Similar provisions, 47 O.S. § 1-156.

Roadway. The term "roadway" means that portion of a street improved, designed or ordinarily used for vehicular traffic.

State Law reference— Roadway defined, 47 O.S. § 1-158(a).

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

Sidewalk. The term "sidewalk" means any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.

State Law reference— Sidewalk defined, 47 O.S. § 1-163.

Signature or subscription. The term "signature" or "subscription" includes a mark when a person cannot write.

State Law reference— Signature or subscription defined, 25 O.S. § 26.

State or this state. The term "state" or "this state" shall be construed to mean the State of Oklahoma.

Street. The term "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, highways, courts, places, squares, curbs and all other public ways in the city which are dedicated and open to public use.

State Law reference— Similar provisions, 47 O.S. § 1-122, 69 O.S. § 222.

Tenant and occupant. The terms "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, either alone or with thers.

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

State Law reference— Tense, 25 O.S. § 26.

Week. The term "week" means seven days.

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

State Law reference— Similar provisions, fractions of a year, 25 O.S. § 23.

(Code 2000, § 1-102)

State law reference

Similar provisions regarding meaning of terms used in and construction of state statutes, 25 O.S. § 1 et seq.