§ 1-2. Definitions and rules of construction.

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 city council. The rules of construction and definitions set out in this section 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.

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 city council may be fully carried out. Terms used in this Code, unless otherwise specifically provided, shall have the meanings described by the statutes of the state for the same terms.

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.

Unless otherwise provided in this Code, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this Code as those governing the interpretation of the Illinois Revised Statutes.

City. The word "city" shall mean the City of Pontiac, Illinois.

City council or council. The words "city council" or "council" shall mean the city council of the City of Pontiac, Illinois.

Code. The words "Code" or "this Code" shall mean the Code of Ordinances, City of Pontiac, Illinois, as amended.

Computation of time. The time within which any act provided by this Code or other city ordinance is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute in force in this state, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday, then such succeeding day shall also be excluded.

Corporate limits or city limits. The terms "corporate limits" or "city limits" shall mean the legal boundaries of the City of Pontiac.

County. The words "the county" or "this county" shall mean the County of Livingston in the State of Illinois.

Court. The word "court" shall mean any court of competent jurisdiction.

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.

Electors. The word "electors" shall mean persons qualified to vote for elective officers at municipal elections.

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.

Ill. Rev. Stat. The abbreviation "Ill. Rev. Stat." shall mean the Illinois Revised Statutes.

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.

Mayor. The word "mayor" shall mean the mayor of the City of Pontiac, Illinois.

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

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, and words importing the plural number may include the singular.

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."

Officers. Whenever any officer is referred to by title, such as "clerk," "chief of police," etc., such reference shall be construed as if followed by the words "of the City of Pontiac."

Ordinances. The word "ordinances" shall mean the ordinances of the City of Pontiac and all amendments thereto.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building or land, and shall also include any tenant or other person in possession of the premises.

Person. The word "person" shall extend and be applied to associations, trusts, firms, partnerships and corporations as well as to individuals. Whenever the word "person" is used in any section prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners or members thereof and, as applied to corporations, the word shall include officers, agents or employees thereof who are responsible for any violation of the section, and who are charged and convicted as accessories.

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

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

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

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

Reasonable time; reasonable notice. When, in any ordinance, any act or duty shall be required to be done within a reasonable time or upon a reasonable notice, such reasonable time or reasonable notice shall be construed to mean such time only as may be necessary in the prompt execution of such duty, or a compliance with such notice.

Shall; may. The word "shall" is mandatory; the word "may" is permissive.

Sidewalk. The word "sidewalk" means that improved portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.

Signature or subscription. The word "signature" or "subscription" shall include a mark when the person cannot write.

State. The words "the state" or "this state" shall be construed to mean the State of Illinois.

Street, public way or right-of-way. The terms "street," "public way" or "right-of-way" shall be construed to embrace streets, avenues, boulevards, courts, roads, alleys, lanes, berms, parkways, thoroughfares, viaducts and all other public passageways in the city, and shall include all areas thereof embraced between the property lines and dedicated to the public use.

Tenant or occupant. The word "tenant" or "occupant," 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.

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

Wholesale, wholesaler or wholesale dealer. In all cases where the term "wholesale," "wholesaler" or "wholesale dealer" is used, unless otherwise specifically defined, it shall be understood and held to 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. The terms "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 1966, § 1.02)

State law reference

Similar rules of statutory construction, Ill. Rev. Stat. ch. 1, ¶ 1001 et seq.