§ 1-2. Rules of construction and definitions.

In the construction of this Code and of all ordinances the rules and definitions set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the council. The rules of construction and definitions set out herein shall not be applied to any section of this Code which shall contain any express provision excluding such construction or where the subject matter of the context of such section may be repugnant thereto.

Generally. 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 council 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 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, unless they are clearly in conflict with the provisions of this Code, or otherwise clearly inapplicable, the rules of construction established for the state statutes apply in the construction of this Code.

Abandoned property. The words "abandoned property" means tangible or intangible property that has come into the possession of the city, remains unclaimed by the owner and has been in the possession of the city for at least sixty (60) days and has been declared such by resolution of the council.

City. The words "city" or "the city" mean the City of Fairmont, Martin County, Minnesota.

City council or council. The words "city council" or "council" mean the council of Fairmont, Minnesota.

Code. The word "Code" means the Fairmont City Code as designated in section 1-1.

Conjunctions. "Or" may be read "and," and "and" may be read "or" if the sense requires it.

County. The word "county" means Martin County, Minnesota.

Delegation of authority. Whenever a position appears requiring the head of a department or some other city officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

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.

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

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

May not. The words "may not" state a prohibition and have a prohibitory effect.

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

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; however, technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing.

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."

Officials, employees, boards, commissions, etc. Whenever reference is made to officials, employees, boards, commissions or other agencies of the city by title only, i.e., "mayor," "city manager," "clerk," "chief of police," etc., they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this city.

Ordinance or city ordinance. The unqualified use of the term "ordinance" or "city ordinance" shall be construed to be followed by the phrase "of the City of Fairmont, Minnesota."

Owner. The word "owner" shall, when applied to a building or land, 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.

Person. The word "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, 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.

Property. The word "property" includes real, personal and mixed property.

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

Sidewalk. The word "sidewalk" means a way, public or private, comprising a portion of the boulevard of a street, including that portion of the street between the curbline and the adjacent property line, which is improved, designed or intended for the principal use of pedestrians.

Signature, subscription. A signature or subscription includes a mark when the person cannot write, provided that the person's name is written near such mark and is witnessed by a person who writes his own name as witness.

State. The words "the state" or "this state" or "state" mean the State of Minnesota.

Street. The word "street" means a way, public or private, for the conveyance principally of vehicular traffic, whether designated as a street, avenue, parkway, road, alley, lane, throughway, expressway, highway, place or however otherwise designated, consisting of a roadway and boulevard, the latter of which may contain a sidewalk.

Tenant, occupant. The words "tenant" and "occupant," applied to a building or land mean any person who occupies the whole or a part of such building or land, whether alone or with others.

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

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

Written, in writing. "Written" or "in writing" include any representation of words, letters or figures, whether by printing or otherwise.

Year. Unless otherwise designated, the word "year" means a calendar year.

(Code 1984, Title 1, §§ 310, 410, 420, 440)

State law reference

Interpretation of statutes generally, M.S. § 645.001 et seq.