§ 1-2. Definitions and rules of construction.

The following definitions and rules of construction shall apply to all ordinances and resolutions of the board of commissioners unless the context requires otherwise:

Generally. 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. In all interpretations the courts shall look diligently for the intention of the board of commissioners, 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.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(a), (b).

Liberal construction; minimum requirements; overlapping provisions. 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 board of commissioners 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. Where any provision of this Code imposes greater restrictions upon the subject matter than the other provisions of this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Adequate. The word "adequate" means equal to what is required, suitable to the case or occasion, fully sufficient, proportionate, satisfactory.

Aforesaid. The word "aforesaid" usually means next before, unless the context requires a different signification.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(4).

All. The word "all" means everyone, or the whole number of particulars.

Also. The word "also" means "in like manner," "likewise," "in addition," "besides," "as well," "further," "too."

As soon as possible. The term "as soon as possible" means within a reasonable time, having due regard to all the circumstances.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(5).

At. The term "at" may mean "in," "near," "within," or "about." Its primary idea is nearness, and it is less definite than "in" or "on."

Board of commissioners, board. The words "board" or "board of commissioners" mean the board of commissioners of DeKalb County, Georgia.

Chief executive. The words "chief executive" or "chief executive officer" mean the chief executive of the county.

Code. The term "Code" means the Code of DeKalb County, as Revised 1988 as designated in section 1-1.

Computation of time. When a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted. If the last day shall fall on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exerise such privilege or to discharge the duty. When the last day prescribed for such action shall fall on a public or legal holiday as set forth in state law, the party having such privilege or duty shall have through the following business day to exercise such privilege or to discharge the duty. When the period of time prescribed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(3).

County. The word "county" means DeKalb County, Georgia. When appropriate, "county" means a designated department, officer or employee thereof.

Delegation of authority. Whenever a provision appears requiring a county officer or county employee to do some act, it is to be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the required act.

Department. The word "department" means an administrative department of county government. When appropriate, "department" means the director of the department or the director's designee.

Director. The word "director" refers to the director of an administrative department of county government or the director's designee. The term is synonymous with department head.

Finance department, department of finance. The terms "finance department" and "department of finance" are synonymous.

Finance director, director of finance. The terms "finance director" and "director of finance" are synonymous.

Following. The word "following" means next after.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(8).

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.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(4).

Joint authority. A joint authority given to any number of persons, or officers, may be executed by a majority of them, unless it is otherwise declared.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(5).

Keeper and proprietor. The words "keeper" and "proprietor" mean and include persons, whether acting by themselves or as a servant, agent or employee.

May. The word "may" is to be construed as being permissive.

State Law reference— Definition of "may," O.C.G.A. § 1-3-3(10).

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

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(11).

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

Number. The singular and plural number include the other, unless expressly excluded.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(6).

Oath. An "oath" includes an affirmation.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(12).

Officials, employees, boards, commissions, etc. Whenever reference is made to officials, employees, boards, commissions or other agencies of the county by title only, the reference refers to the officials, employees, boards, commissions or other agencies of the county.

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, includes any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of the building or land.

Person. The word "person" includes any association, club, society, firm, corporation, partnership and body politic and corporate as well as an individual.

State Law reference— Definition of "person," O.C.G.A. § 1-3-3(14).

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

Preceding. The word "preceding" means next before.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(15).

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

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(16).

Public place. The term "public place" includes any place that the public is invited or permitted to go or congregate.

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

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

Sidewalk. The word "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

Signature or subscription. A "signature" or "subscription" includes the mark of an illiterate or infirm person.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(19).

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

Street or road. The word "street" or "road" includes any street, avenue, boulevard, road, alley, lane, viaduct and any other public highway in the county, including, but not limited to, the paved or improved surfaces thereof.

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

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

State Law reference— Tense of words, O.C.G.A. § 1-3-1(7).

Until a certain day. The term "until a certain day" includes all of such day.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(21).

Week. The word "week" means seven (7) days.

Whereas. The term "whereas" means "considering that."

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(22).

Will. The word "will" is to be construed as being mandatory.

Writing. The term "writing" includes printing and all numerals.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(24).

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

State law reference

Similar provisions, O.C.G.A. § 1-3-3(23).