§ 1-2. Definitions and rules of construction.

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 city 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. 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.

Charter. The term "Charter" means the Charter of the City of Chatfield, Minnesota, as amended.

City. The term "city" means the City of Chatfield, Minnesota. The term "city" also means and includes designated city representatives.

City council, council. The term "city council" or "council" means the council of the City of Chatfield, Minnesota.

Code. The term "Code" means the Chatfield, Minnesota City Code, as designated in section 1-1.

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 when appropriate from the context, the terms "and" and "or" are interchangeable:

(1)

The term "and" indicates that all the connected terms, conditions, provisions or events apply.

(2)

The term "or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

The term "either/or" indicates that the connected terms, conditions, provisions or events apply singly, but not in combination.

Councilor. The term "councilor" means a member of the city council.

County. The term "county" means Fillmore County, Minnesota, Olmsted County, Minnesota, or both such counties.

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

Following. The term "following" means next after.

Gender. Words of one gender include all other genders.

Includes. The term "includes" does not limit a term to a specified example.

Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.

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

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

Minn. Stat. The abbreviation "Minn. Stat." means the Minnesota Statutes, as amended.

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

Must. The term "must" shall be construed as being mandatory.

Number. Words in the singular include the plural. Words in the plural include the singular.

Oath. A solemn affirmation is the equivalent to an oath and a person shall be deemed to have sworn if such person makes such an affirmation.

Officers, departments, etc. References to officers, departments, board, 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.

Person. The term "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.

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

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

Proceeding. The term "preceding" means next before.

Property. The term "property" means and includes real property, personal property and mixed property.

Public property, public place. The terms "public property" and "public place" mean any place, property or premises dedicated to public use, owned by the city, occupied by the city as a lessee, or occupied by the city as a street by reason of an easement including, but not limited to, streets, parks or parking lots so owned or occupied.

Real property, real estate, land. The terms "real property," "real estate," and "land" mean and include lands, buildings, tenements and hereditaments and all rights and interests therein, except chattel interests.

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

Sidewalk. The term "sidewalk" means that portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line, intended for the use of pedestrians. If there is no public area between the lateral lines of the roadway and the abutting property line, then the area immediately abutting the street line shall be construed as the sidewalk.

Signature or subscription by mark. The term "signature" or "subscription" means and includes a mark when the signer or subscriber cannot write. In such situations, such person's name shall be written near the mark by a witness who writes his own name near such person's name.

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

Street. The term "street" means the entire area dedicated to public use, or contained in an easement or other conveyance to the city, and shall include, but not be limited to, roadways, boulevards, sidewalks, alleys, and other public property between lateral property lines in which a roadway lies.

Tenant, occupant. The term "tenant" or "occupant," as applied to a building or land, means and includes:

(1)

Any person holding either alone or with others a written or oral lease of such building or land.

(2)

Any person who either alone or with others occupies such building or land.

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

Will. The term "will" is to be construed as being mandatory and not permissive.

Writing. The term "writing" means and includes any form of recorded message capable of comprehension by ordinary visual means.

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

(Code 1999, §§ 1.2, 1.3)