§ 1-2. Rules of construction.

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. The words "the city" or "this city" shall be construed as if the words "of Abbeville, Louisiana" followed them.

City council. Whenever the words "city council" are used, they shall be construed to mean the city council of the City of Abbeville, Louisiana.

Computation of time. In computing a period of time allowed or prescribed by ordinance, the date of the act, event or default after which the period begins to run is not to be included. The last day of the period is to be included. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:

(1)

It is expressly excluded;

(2)

It would otherwise be the last day of the period; or

(3)

The period is less than seven (7) days.

A half-holiday is considered as a legal holiday.

State Law reference— Computation of time, Code of Civ. Proc., Art. 5059; legal holidays, R.S. 1:55.

Gender. A word importing the masculine gender only shall be applied to males, females and all other "persons," as defined in this section.

State Law reference— Gender, R.S. 1:8.

Joint authority. All words giving a joint authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such persons.

Keeper, proprietor. The words "keeper" and "proprietor" shall include all "persons," as defined in this section, whether acting by themselves or by a servant, agent or employee.

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

Nontechnical and technical words. Words and phrases shall be construed with their context and 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 the law shall be construed and understood according to such meaning.

State Law reference— Similar provisions, R.S. 1:3.

Number. Words used in the singular number include the plural, and the plural includes the singular.

State Law reference— Similar provisions, R.S. 1:7.

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."

State Law reference— Similar provisions, R.S. 47:2.

Officers, boards, commissions, etc. Whenever reference is made to officers, departments, boards, commissions or other agencies by title only. The reference shall be read as though followed by the words "of the City of Abbeville, Louisiana."

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.

Parish. The words "the parish" or "this parish" shall mean the Parish of Vermilion, Louisiana.

Person. The word "person" shall include any natural person, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust, body politic or organization of any kind.

State Law reference— Similar provisions, R.S. 47:2.

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.

Property. The word "property" shall include both public and private property, real, personal and mixed, movable and immovable, and corporeal and incorporeal property.

State Law reference— Similar provisions, R.S. 14:2, 47:1702, Code of Civ. Proc., Art. 5251(13).

Public place. The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto; all beaches, canals or other waterways; and any public property as defined in R.S. 14:329.4.

Real property. The term "real property" shall include not only land and city lots, but also all things thereunto pertaining, and all structures and other appurtenances thereto, as pass to the vendee by the conveyance of the land or lot.

State Law reference— "Real estate" defined, R.S. 47:1702(2).

R.S. The term "R.S." or "Louisiana Revised Statutes," or other words to that effect, shall mean the official revised laws of Louisiana, as amended.

Shall, may. The word "shall" is mandatory; the word "may" is permissive.

State Law reference— Similar provisions, R.S. 1:3.

Sidewalk. The word "sidewalk" shall mean that portion of a highway between the curb lines, or the lateral lines of a highway, and the adjacent property lines, intended for the use of pedestrians.

State Law reference— "Sidewalks" defined, R.S. 32:1(66).

Residence. The "residence" of each citizen is in the place wherein he has his principal establishment. The principal establishment is that in which he makes his habitual residence; if he resides alternately in several places, and nearly as much in one (1) as in another, and has not declared his intention in the manner prescribed by law, any one (1) of the places where he resides may be considered as his principal establishment, at the option of the persons whose interests are thereby affected.

State Law reference— "Domicile" defined, C.C. Art. 38.

Signature or subscription. The word "signature" or "subscription" includes a mark in the case of a person who cannot sign his name, provided the mark is made in the presence of two (2) subscribing witnesses.

State Law reference— "Signature" and "subscription" defined, R.S. 47:2(3).

State. The words "the state" or "this state" shall be construed to mean the State of Louisiana.

Street. The word "street" means the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels and ferries; it is synonymous with the word "highway."

State Law reference— Similar provisions, R.S. 32:1(76).

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

State Law reference— "Tenant" defined, C.C. Art. 2677; "occupant" defined, Code of Civ. Proc. Art. 4704.

Tense. 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 (7) days.

State Law reference— "Week" defined, R.S. 23:1472(21).

Written, in writing. The term "written" or "in writing" shall include words printed, painted, typed, engraved, lithographed, photographed or otherwise copied, traced or made visible to the eye.

State Law reference— "Writing" and "written" defined, Code of Crim. Proc. Art. 461.

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

(Code 1957, § 1-2)

State law reference

"Fiscal year" defined, R.S. 47:98(2).