§ 1-4-2. Definitions and rules of construction.  


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

    City. The term "the city" or "this city" means the city of Memphis, in the County of Shelby and State of Tennessee.

    City council. The term "city council" means the legislative branch of the city government of Memphis, Tennessee.

    Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day is a Saturday, Sunday or a legal holiday, that shall be excluded.

    Councilmember. The term "city councilmember" means a member of the city council, and include women as well as men.

    County. Whenever the words "the county" or "this county" are used, they shall be construed as meaning and referring to Shelby County, Tennessee.

    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 shall 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. Words importing the masculine gender shall include the feminine and neuter.

    Health department. The term "health department" means the Memphis and Shelby County Health Department and employees of Memphis and Shelby County who have been assigned to such department and are directed by the health officer.

    Health officer. The term "health officer" means the health authority of the city and the director of the health department or his or her authorized representatives.

    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.

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

    Number. Words used in the singular include the plural and the plural includes the singular number.

    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."

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

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

    Person. The word "person" includes a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

    Personal property. The term "personal property" includes money, goods, chattels, things in action and evidences of debt.

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

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

    Real property. The term "real property" includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal.

    Shall; may. "Shall" is mandatory; "may" is permissive.

    Sidewalk. The word "sidewalk" means any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians.

    Signature or subscription. The term "signature" or "subscription" includes a mark when the person cannot write, the name being written near the mark and witnessed.

    State. The words "the state" or "this state" shall be construed as meaning and referring to the State of Tennessee.

    Street. The word "street" means and includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the city.

    Tenant or occupant. The word "tenant" or "occupant," applied to a building or land, includes 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.

    Writing or written. The words "writing" and "written" include printing, typewriting, engraving, lithography, and any other mode of representing words and letters.

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

(Code 1985, § 1-2)

State law reference

Definitions applicable to state statutes, T.C.A. § 1-3-101 et seq.