§ 1-2. Definitions and rules of construction.  


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  • The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise:

    Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the council may be effectuated. 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 in law shall be construed according to such meanings.

    Charter. The term "Charter" means the Charter of the City of Greenville, Michigan.

    City. The term "city" means the City of Greenville, Michigan.

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

    Computation of time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period or a fixed or final day is a Saturday, Sunday, or legal holiday, the period or day is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

    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 in appropriate cases, the terms "and" and "or" are interchangeable:

    (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.

    Council, city council. The term "council" or "city council" means the council of the City of Greenville, Michigan.

    County. The term "county" means Montcalm County, Michigan.

    Delegation of authority. A provision that authorizes or requires a city officer or city employee to perform an act or make a decision authorizing such officer or employee to act or make a decision through subordinates.

    Gender. Words of one gender include the other genders.

    Includes, including. The terms "includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and the use of the terms does not create a presumption that components not expressed are excluded.

    Joint authority. A grant of authority to three or more persons as a public body confers the authority on a majority of the number of members as fixed by statute or ordinance.

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

    May not. The term "may not" states a prohibition.

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

    Number. The singular includes the plural and the plural includes the singular.

    Oath, affirmation, sworn, affirmed. The term "oath" includes an affirmation in all cases where an affirmation may be substituted for an oath. In similar cases, the term "sworn" includes the term "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. With respect to special assessments, however, the owner shall be considered to be the person appearing on the assessment roll for the purpose of giving notice and billing.

    Person. The term "person" means any individual, partnership, corporation, association, club, joint venture, estate, trust, governmental unit, and any other group or combination acting as a unit, and the individuals constituting such group or unit.

    Personal property. The term "personal property" means any property other than real property.

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

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

    Public acts. References to public acts are references to the Public Acts of Michigan. (For example, a reference to Public Act No. 279 of 1909 is a reference to Act No. 279 of the Public Acts of Michigan of 1909.) Any reference to a public act, whether by act number or by short title, is a reference to the act as amended.

    Real property, real estate, land, lands. The term "real property" includes lands, tenements and hereditaments.

    Shall. The term "shall" is to be construed as being mandatory.

    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.

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

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

    Street or highway or alley. The term "street" or "highway" means the entire width subject to an easement for a public right-of-way or owned in fee by the city, county or state, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public as a matter of right for purposes of public travel.

    Swear. The term "swear" includes the term "affirm."

    Tenses. The present tense includes the past and future tenses. The future tense includes the present tense.

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

    Written. The term "written" includes any representation of words, letters, symbols or figures.

    Year. The term "year" means 12 consecutive months.

State law reference

Definitions and rules of construction applicable to state statutes, MCL 8.3 et seq.