§ 1-2. Definitions; rules of construction.

In the construction of this Code and all ordinances found herein, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

General. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

City. The words "the city" or "this city" shall mean the City of Diboll, Texas.

Code. The words "the Code" or "this Code" shall mean the "Code of Ordinances, City of Diboll, Texas."

Computation of time. Unless otherwise specifically provided, the time within which an act is required by law to be done shall be computed by excluding the first day and including the last, and in the event that in the computation of any such time required by law, the expiration of such time limit shall end on a Saturday, Sunday or legal holiday, then in that event such time shall be extended to the first day following the expiration of such time limit which is not on a Saturday, Sunday or legal holiday.

Corporate limits, city limits. The words "corporate limits" or "city limits" shall mean the corporate limits or legal boundary of the City of Diboll, as the same now exists or may be hereafter amended.

Council, city council. The words "the council" or "the city council" shall mean the city council of the City of Diboll, Texas.

County. The words "the county" or "this county" shall mean the County of Angelina, Texas.

Court. The word "court" shall mean the municipal court of the City of Diboll.

Delegation of authority. Whenever a provision of this Code requires the head of a department of the city to do some act or perform some duty it shall be construed to authorize the head of the department to designate, delegate and authorize subordinates to do the required act or perform the required duty unless the terms of the provision designate otherwise.

Gender. A word importing the masculine gender shall extend and be applied to females and to firms, partnerships and corporations, as well as to males.

Governing authority, governing body. The words "governing authority" or "governing body" shall mean the city council of the City of Diboll, Texas.

Health officer. The term "health officer" shall mean the director of the Angelina County and Cities Health District, or his authorized representative.

Highway. The word "highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

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 officers or other persons.

Judge. The word "judge" shall mean the judge of the municipal court of the City of Diboll.

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

Number. A word importing only the singular number may extend and be applied to several persons or things as well as to one person or thing, and a word importing the plural includes the singular.

Oath. The word "oath" shall 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."

Official time standard. Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time, as may be in current use in the city.

Or, and. The word "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 person in possession under a bond for title.

Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

Personal property. The words "personal property" shall include every species of property except real property, as herein defined.

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

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

Public place. The words "public place" shall mean any park, cemetery, school yard or open space adjacent thereto, or any area available and/or accessible to the public.

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

Roadway. The word "roadway" shall mean that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

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

Signature, subscription. The "signature" or "subscription" of a person shall include a mark intended as such when the person cannot write.

State. The words "the state" or "this state" shall mean the State of Texas.

Street. The word "street" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Tenant, occupant. 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 building or land, either alone or with others.

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

Title of officer, department, etc. Whenever the title of an officer, department or other agency is given, it shall be construed as though the words "of the City of Diboll" were added.

V.T.C.C.P. The term "V.T.C.C.P." shall mean Vernon's Code of Criminal Procedure of the State of Texas, as amended.

V.T.C.S. The term "V.T.C.S." shall mean Vernon's Civil Statutes of the State of Texas Annotated, as amended.

V.T.P.C. The term "V.T.P.C." shall mean Vernon's Texas Codes Annotated Penal Code, as amended.

Week. The word "week" shall mean seven (7) consecutive days.

Written, in writing. The words "written" or "in writing" shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.

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

(Code 1973, § 1-1002)