§ 1-4. Definitions and rules of construction.

In the construction of this Code and of all resolutions and ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of board of commissioners or the context clearly requires otherwise.

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, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Board of commissioners and board. The terms "board of commissioners" and board shall mean the board of commissioners of Troup County, Georgia.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

Code. The term "Code" shall mean The Code of Troup County, Georgia, as designated in section 1-1.

Commissioner. The term "commissioner" shall mean one or more members of the board of commissioners.

Computation of time. Except as otherwise provided by time period computations specifically applying to other laws, when a period of time measured in days, weeks, months, years or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in O.C.G.A. § 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

County. and the county The terms "county" and "the county" shall mean the County of Troup, State of Georgia.

County clerk. Unless otherwise specifically provided, the term "county clerk" shall mean the person employed by the board of commissioners to fulfill the duties of clerk of the board of commissioners as then defined.

Day. The term "day" shall mean a calendar day of 24 hours.

Delegation of authority. Whenever a provision appears requiring the head of a department of the county to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.

Joint authority. All terms giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers, except when such terms are used to grant authority to the board of commissioners.

Keeper and proprietor. The terms "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, receivers, trustees, personal representatives, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

Law. The term "law" shall mean and denote applicable federal law, the constitution and statutes of the State of Georgia, the resolutions of the county, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

May. The term "may" is permissive.

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

Must. The term "must" is mandatory.

Names of officers and departments. The name or title of any officer or department shall be read as though the words "of Troup County" were added thereto.

Nontechnical and technical terms. Terms and phrases shall be construed according to the common and approved usage of the language, but technical terms 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.

Oath. The term "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 terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

O.C.G.A. The abbreviation "O.C.G.A." shall mean the Official Code of Georgia Annotated.

Or, and. The term "or" may be read as the term "and," and the term "and" may be read as the term "or," if the sense requires it.

Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

Penal resolutions, ordinances. The rules of construction and definitions of terms as contained in the penal code of the state, insofar as they can be made applicable, are hereby adopted as governing the penal ordinances or resolutions of the county.

Person. The term "person" shall include a natural person, corporation, firm, partnership, association, organization, club, company, business, trust and any other group acting as a unit, or the manager, lessee, agent, servant, officer or employee of any of them, as well as an individual.

Personal property. The term "personal property" shall include every species of property except real property.

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

Premises. Whenever the term "premises" is used, it shall mean place or places.

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

Public place. The term "public place" shall mean any park, cemetery, schoolyard or open space adjacent thereto, or any area available and/or accessible to the public, regardless of whether privately or publicly owned.

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

Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

Road and street. The terms "road" and "street" shall include all roads, streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this county which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

Schedule of fees and charges. The term "schedule of fees and charges" shall mean the official consolidated list maintained in the county clerk's office which lists rates for utility or other public enterprises, fees of any nature, deposit amounts and various charges as determined from time to time by the board of commissioners.

Seal. The term "seal" shall mean the county seal.

Shall. The term "shall" is mandatory.

Sheriff. The term "sheriff" shall mean the sheriff of Troup County, Georgia.

Sidewalk. The term "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, but shall not include any unimproved areas between the curbline and improved walkways.

Signature and subscription. The terms "signature" and "subscription" shall include a mark when the person cannot write.

State and the state. The terms "state" and "the state" shall mean the State of Georgia.

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

Week. The term "week" shall be construed to mean a calendar week of seven days.

Written and in writing. The terms "written" and "in writing" shall include printing and any other mode of representing words and letters.

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

(Code 1987, §§ 1-2, 1-3)

State law reference

Computation of time, O.C.G.A. § 1-3-1; construction of definitions, O.C.G.A. § 1-3-2; meaning of certain words, O.C.G.A. § 1-3-3.