[Adopted as Ch. 1, § 1-2 of the 1973 Code]
In the construction of this Code and of all ordinances, the rules and definitions set out in this article shall be observed, unless such construction would be inconsistent with the manifest intent of the City 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 or context of such section may be repugnant thereto.
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 City Council may be fully carried out.
In the interpretation and application of any provisions 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.
Computation of time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be held shall not be counted.
Delegation of authority. Whenever a provision 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 or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Nontechnical and technical words. Words and phrases 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 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 person and thing.
Officers generally. Whenever any officer is referred to by title, such as "Commissioner of Public Affairs," "Clerk," "Chief of Police," etc., such reference shall be construed as if followed by the words "of the City of Waverly."
Tense. Words used in the past or present tense include the future as well as the past and present.
As used in this Code, the following terms shall have the meanings indicated:
- A duly elected representative of one of the three municipal wards of the City.
- The City of Waverly, Illinois.
- CITY COUNCIL; COUNCIL
- The City Council of the City of Waverly.
- CORPORATE LIMITS or CITY LIMITS
- The legal boundaries of the City of Waverly.
- COUNTY or THIS COUNTY
- The County of Morgan, in the State of Illinois.
- HEALTH OFFICER
- The County Health Officer.
- The Mayor of the City.
- A calendar month.
- Includes any 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."
- As 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.
- Shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
- PERSONAL PROPERTY
- Includes every species of property except real property as herein described.
- PRECEDING; FOLLOWING
- Next before and next after, respectively.
- Includes real and personal property.
- REAL PROPERTY
- Includes lands, tenements and hereditaments.
- Is mandatory.
- Any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
- SIGNATURE or SUBSCRIPTION
- Includes a mark when the person cannot write.
- STATE; THE STATE; THIS STATE
- The State of Illinois.
- Includes streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the City, and shall include all areas thereof embraced between the property lines and dedicated to public use.
- TENANT or OCCUPANT
- As applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.
- WHOLESALE; WHOLESALER; WHOLESALE DEALER
- Unless otherwise specifically defined, relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for purposes of resale, as distinguished from a retail dealer who sells in smaller quantities direct to the consumer.
- WRITTEN or IN WRITING
- Includes any representation of words, letters or figures, whether by printing or otherwise.
- A calendar year.