§ 1-2. Rules of construction.

The following definitions and rules shall apply to this Code unless inconsistent with the manifest intent of the city council:

Generally.

(1)

When provisions conflict, the specific prevails over the general. All provisions shall be liberally construed so that the intent of the city council may be effectuated.

(2)

Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings shall be construed according to such meanings.

(3)

Provisions shall be interpreted and applied so as to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

(4)

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.

A.C.A., state acts. The abbreviation "A.C.A." means the Arkansas Code of 1987 Annotated, as now or hereafter amended. References to state acts by short title or popular name are to such acts as now or hereafter amended.

State Law reference— Designation of state code, A.C.A. § 1-2-113.

City. The term "the city" or "this city" means the City of West Memphis, Arkansas.

City council or council. The term "city council" or "council" means the city council of the City of West Memphis, Arkansas.

Code. The term "Code" refers to the "Code of Ordinances, City of West Memphis, Arkansas," as designated in section 1-1, as now or hereafter amended. The Code consists of parts I and II. In addition:

(1)

Part I of this Code is a codification of general ordinances not pertaining specifically to land development.

(2)

Part II of this Code is a codification of ordinances pertaining to land development.

(3)

Failure to include provisions in the proper part of the Code (i.e., inclusion of provisions in part I that more properly should be included in part II, or inclusion of provisions in part II that more properly should be included in part I) does not excuse noncompliance with such provisions.

Computation of time. In computing any period of time prescribed or allowed, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, legal holiday, or other day when the city hall is closed, in which event the period runs until the end of the next day that the city hall is open. When the period of time prescribed or allowed is less than 14 days, intermediate Saturdays, Sundays, or legal holidays shall be excluded in the computation. As used in this definition, the term "legal holiday" means those days designated as a holiday by the President or Congress of the United States, or designated by state law or city ordinance.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either … or," the conjunction shall be interpreted as follows, except that the terms "and" and "or" may be interchangeable when the context so requires:

(1)

"And" indicates that all the connected terms, conditions, provisions or events apply.

(2)

"Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

"Either … or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

County. The term "county" means Crittenden County, Arkansas.

Delegation of authority. Any provision requiring a city officer, city employee, or other officer to do an act or perform a duty shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to do the required act or perform the required duty.

Gender and singular and plural. When any subject matter or person is described or referred to by terms importing the singular number or the masculine gender, several matters and persons, and females as well as males, and bodies corporate as well as individuals, shall be deemed to be included. Whenever terms importing the plural number are used in describing or referring to any matter or persons, any single matter or person shall be deemed to be included, although distributive words may not be used.

Include, including. The term "include," "including" or any other similar term of inclusion means without limitation or restriction.

May. The term "may" is to be construed as being permissive and not as being mandatory.

May not. The term "may not" has a prohibitory effect and states a prohibition.

Must. The term "must" is to be construed as being mandatory and not as being permissive.

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."

Officers, departments, etc. References to officers, departments, boards, commissions or employees are to city officers, city departments, city boards, city commissions and city employees.

Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any limited liability company, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

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

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

Premises. The term "premises," as applied to real property, includes lands and structures.

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

Real estate or real property. The term "real estate" or "real property" includes lands, tenements and hereditaments and all rights thereto and interests therein.

Shall. The term "shall" is to be construed as being mandatory and not permissive.

Sidewalk. The term "sidewalk" means a strip of land in front of or on the sides of a house or lot of land lying between the property line and the street.

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

State. The term "state" means the State of Arkansas.

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

Tenant or occupant. The term "tenant" or "occupant," as applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

Tense. The present tense of a verb includes the past and future tenses. The future tense includes the present tense.

Week. The term "week" means seven consecutive days.

Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means.

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

(Code 1973, §§ 1.01.040, 1.04.010, 1.04.020)