§ 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. In the interpretation and application of any provision of this Code, it 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.

City. The term "city" means the City of Ladue, St. Louis County, Missouri.

City council, council. The terms "city council" and "council" mean the board of aldermen of the city.

City councilman, councilman. The terms "city councilman" and "councilman" mean an alderman of the city.

Code. The term "Code" means the Ladue Code, as designated in section 1-1.

Computation of time. The time within which an act is to be done shall be computed by excluding the first day and including the last. If the last day is Sunday it shall be excluded.

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 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:

(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.

Corporate limits. The term "corporate limits" means the legal boundaries of the city.

County. The term "county" means St. Louis County, Missouri.

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.

Gender. Words of one gender include all other genders.

Joint authority. A grant of authority to three or more persons as a public body confers the authority to a majority of the number of members.

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

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

May not. The term "may not" has a prohibitory effect.

Mayor. The term "mayor" means the mayor of the city.

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

Must. The term "must" is to be construed as being mandatory.

Number. The singular includes the plural and the plural includes the singular.

Oath. The term "oath" includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in those cases the terms "swear" and "sworn" are the equivalent to the terms "affirm" and "affirmed."

Officers, departments, etc. References to officers, departments, boards, 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 corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.

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

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

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

Property. The term "property" means real and personal property.

Public place. The term "public place" means any public street, park, cemetery, school yard, public library, municipal building or open space adjacent thereto.

Real property. The term "real property" includes land, tenements and hereditaments.

Residence. The term "residence" means the place adopted by a person as his place of habitation, and to which, whenever the person is absent, the person 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 to be the person's residence.

RSMo. The abbreviation "RSMo" means the Revised Statutes of Missouri, as amended.

Seal. Whenever the term "seal" is used it shall mean the city or corporate seal.

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

Sidewalk. The term "sidewalk" means that portion of a street between the curbline and the adjacent property intended for the use of pedestrians.

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

Street. The term "street" includes any street, highway, avenue, lane, alley, court, place, square or other public way dedicated and open to public use.

Tenant, occupant. The terms "tenant" and "occupant," when applied to a building or land, include any person who occupies the whole or 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.

Week. The term "week" means seven days.

Writing. The term "writing" includes any representation of words, letters or figures, whether by printing or otherwise.

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

(Code 1969, § 1-2; Ord. No. 1266, § 1, 4-16-1981)

State law reference

Construction of statutes, RSMo 1.010 et seq.