§ 1-2. Definitions and rules of construction.  


Latest version.
  • The following words and phrases, when used in this Code, shall have the meanings respectively ascribed to them unless otherwise provided in this Code.

    Charter. The word "Charter" means the Charter of the City of Owosso.

    City. The word "city" means the City of Owosso, Michigan.

    Code. The words "Code" or "this Code" shall mean the Code of Ordinances of the City of Owosso, Michigan, as designated in section 1-1.

    Computation of time. The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed as prescribed by state statute.

    State Law reference— Computing period of days, MCL 8.6, MSA 2.217.

    Council. The word "council" means the legislative body of the City of Owosso, Michigan.

    County. The word "county" means the County of Shiawassee.

    Gender. Words importing masculine gender shall apply to firms, associations, partnerships and corporations, and may apply to females if the intent of the ordinance or Code provision so requires.

    Health officer. The phrase "health officer" shall mean the director of the county health department or his or her authorized representative, or any person hereinafter appointed to such position by the city council.

    Joint authority. All words purporting to give joint authority to three (3) or more public officers or other persons, shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise expressly declared in the provision granting the authority.

    MCL. The abbreviation "MCL" shall mean the Michigan Compiled Laws, as amended.

    Month. The word "month" shall be construed to mean a calendar month.

    MSA. The abbreviation "MSA" shall mean the Michigan Statutes Annotated, as amended.

    Municipal civil infraction. The words "Municipal civil infraction" mean an act or omission that is prohibited by this Code or any ordinance of the city, but which is not a crime under this Code or other ordinance, and for which civil sanctions, including without limitation, fines, damages, expenses and costs, may be ordered, as authorized by Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended. A municipal civil infraction is not a lesser included offense of a violation of this Code that is a criminal offense.

    Number. Words in either the singular or plural numbers shall include either or both numbers and may apply in any instance to a particular person or persons.

    Oath, affirmation, sworn, affirmed. The word "oath" shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed."

    Officers, departments, divisions, boards, commissions, employees or agencies. The several titles of any officer, department, division, board, commission, employee or agency shall mean such officer, department, division, board, commission, employee or agency of the city, or any authorized subordinate or designee.

    Owner. The word "owner," applied to a building or land, shall include any part-owner, land contract, vendee, 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" includes firms, joint adventures, partnerships, corporations, clubs, and all associations or organizations of natural persons, either incorporated or unincorporated, however, operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.

    Preceding, following. The words "preceding" and "following," when used by way of reference to any title, chapter or section of any ordinance of the city, shall be construed to mean the title, chapter or section next preceding or next following that in which such reference is made, unless when some other title, chapter or section is expressly designated in such reference.

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

    Public place. The words "public place" mean any street, alley, park, cemetery, public building, or any place of business or assembly, parking lot, parking area, or any other premises open to the public or frequented by the public.

    References, history notes. The charter references, cross references, state law references, editor's notes and history notes are inserted for convenience and to facilitate the use of same, and such words shall not be construed to limit or affect the meaning of any of the provisions of this Code.

    Seal. In all cases in which the seal of any court or public office shall be required to be affixed to any paper issuing from such court or office, the word "seal" shall be construed to mean the impression of such seal on such paper alone, as well as the impression of such seal affixed thereto by means of a wafer or wax.

    Shall, may. The word "shall" means imperative or mandatory; the word "may" means permissive.

    Signature, subscription. The words "signature" and "subscription" includes a mark when the person cannot write.

    State. The word "state" means the State of Michigan.

    Sundays, legal holidays. Whenever any act required to be done pursuant to the provisions of any ordinance or Code section falls on a Sunday or legal holiday, that act shall be performed on the next succeeding business day.

    Tense. Words used in the present or past tense shall be construed as including the future as well as the present or past.

    Time. Whenever time is referred to, it means eastern standard time or the time officially in force in the city.

    Titles, headings and catchlines. The key words used in the Code as headings, titles or catchlines for chapters, articles, divisions and sections are inserted for convenience and to facilitate the use of same, and such words shall not be construed to limit or affect the meaning of any of the provisions of this Code.

    Week. The word "week" shall be construed to mean seven (7) days.

    Written, in writing. The words "written" or "in writing" may include any form of reproduction or expression of language.

    Year. The word "year" shall be construed to mean a calendar year; and the word "year," alone, shall be equivalent to the words "year of our Lord."

    All ordinances of the city shall be interpreted and construed in accordance with the above provisions, unless such interpretation and construction would be inconsistent with the manifest intent of the city council.

(Code 1977, §§ 1.6, 1.8, 1.9, 1.10; Ord. No. 528, § 1, 5-15-95)

State law reference

Rules of construction, MCL 8.3 et seq., MSA 2.212 et seq.