§ 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:

    City; corporation. Whenever the words "the city," "this city," "the corporation" or "this corporation" are used they shall be construed as if the words "of Boonville, Missouri," followed them.

    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, but if the last day shall be Sunday it shall be excluded.

    Corporate limits, corporation limits, city limits. Whenever the words "corporate limits," "corporation limits" or "city limits" are used they shall mean the legal boundary of the City of Boonville.

    Council. Whenever the word "council" is used, it shall be construed to mean the city council of the City of Boonville.

    County. The words "the county" or "this county" shall mean the County of Cooper in the State of Missouri.

    Delegation of authority. Whenever a provision appears requiring the head of a department of the city to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.

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

    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. 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.

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

    Mayor. Whenever the word "mayor" is used it shall mean the mayor of the City of Boonville.

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

    Name of officer. Whenever the name of an officer is given it shall be construed as though the words "of the City of Boonville" were added.

    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 number only may extend and be applied to several persons and things as well as to one person and thing.

    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."

    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, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

    Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

    Personal property. The term "personal property" includes every species of property except real property, as herein defined.

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

    Premises. Whenever the word "premises" is used it shall mean place or places.

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

    Public place. The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto, and all other property open to the public.

    Real property. The term "real property" shall include lands, tenements and hereditaments.

    Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

    Seal. Whenever the word "seal" is used it shall mean the city or corporate seal.

    Sidewalk. The word "sidewalk" shall mean a strip running parallel to streets intended primarily for the use of pedestrians, including parkways.

    Signature or subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write.

    State. The words "the state" shall be construed to mean the State of Missouri.

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

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

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

    Week. The word "week" shall be construed to mean seven days.

    Written, in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

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

State law reference

Definitions, rules of construction, etc., RSMo 1.020 et seq.