In the construction of these Codified Ordinances, or any provision thereof, the following rules and definitions shall control, except those which are inconsistent with the manifest intent of the City Commission as disclosed in a particular provision, section or chapter:
(1) Adopting Ordinance. "Adopting Ordinance" means the ordinance of the Municipality adopting the Codified Ordinances of Battle Creek in conformity with M.S.A. 5.2084(2).
(2) Authority. Whenever in the Codified Ordinances authority is given to an officer or an act is required to be performed, such authority may be exercised and such act may be performed, at the instance of such officer, by a deputy or subordinate, unless contrary to law or to the clear intent of any such particular provision.
(3) Calendar-Computation of Time. The terms "month" and "year" mean the calendar month or year. The time expressed in days within which an act is to be done or a period is to expire shall be computed by excluding the first and including the last day, unless the last day is a Sunday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.
(4) City Commission. "City Commission" means the legislative authority of the Municipality.
(5) Conjunctions. "And" includes "or" and "or" includes "and," if the sense so requires.
(6) County. "County" means the County of Calhoun, Michigan.
(7) Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.
(8) General Rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of the language, provided, however, that technical words and phrases and such others as may have acquired a special meaning in the law shall be construed according to such technical or special meaning.
(9) Joint Authority. Words giving authority to a board, commission, authority or to three or more officers or employees or other persons shall be construed as giving authority to a majority thereof, unless otherwise specifically provided.
(10) Keeper and Proprietor. "Keeper" and "proprietor" mean persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
(11) Land and Real Estate. "Land" and "real estate" include rights and easements of an incorporeal nature.
(12) Law. "Law" means all applicable laws of the United States of America, the State of Michigan and the City of Battle Creek.
(13) Manager. "Manager" means the City Manager of the Municipality. (Adopting Ordinance)
(14) Municipal Civil Infraction. "Municipal civil infraction" means an act or omission that is prohibited by these Codified Ordinances or any ordinance of the City, but which is not a crime under these Codified Ordinances or such ordinance, and for which civil sanctions, including, without limitation, fines, damages, expenses and costs, may be ordered as authorized by Chapter 87 of Act 236 of the Public Acts of 1961, as amended. A Municipal civil infraction is not a lesser included offense of a violation of these Codified Ordinances that is a criminal offense.
(Ord. 1-95. Passed 2-21-95.)
(15) Municipality or City. "Municipality" or "City" means the City of Battle Creek, Michigan.
(16) Number. Words in the plural include the singular and words in the singular include the plural number.
(17) Oath. "Oath" includes affirmation. When an oath is required or authorized by law, an affirmation in lieu thereof may be taken by a person having conscientious scruples about taking an oath. An affirmation shall have the same force and effect as an oath.
(18) Ordinance. "Ordinance" means and includes any ordinance of the Municipality, including any provision of these Codified Ordinances.
(19) Owner. "Owner," when applied to property, includes a part owner, joint owner or tenant in common of the whole or any part of such property.
(20) Person. "Person" includes any individual, copartnership, corporation, association, club, joint venture, estate, trust and any other group or combination acting as a unit, and the individuals constituting such group or unit.
(21) Premises. "Premises," when used as applicable to property, extends to and includes land and buildings.
(22) Property. "Property" includes real and personal property and any mixed and lesser estates or interests therein. "Personal property" includes every kind of property except real property; "real property" includes lands, tenements and hereditaments.
(23) Public Place. "Public place" means any place to or upon which the public resorts or travels, whether such place is owned or controlled by the City or any agency of the State or is a place to or upon which the public resorts or travels by custom or by invitation, express or implied.
(24) Publish. "Publish" means to print in a newspaper of general circulation in the Municipality the entire document or a brief summary thereof with a listing of places where copies have been filed and times when they are available for inspection.
(25) Reasonable Time. In all cases where provision is made for an act to be done or notice to be given within a reasonable time, it shall be deemed to mean such time only as may be necessary for the prompt performance of such act or the giving of such notice.
(26) Residence. "Residence" means an abode in which a person permanently resides.
(27) Shall and May. "Shall" is mandatory; "may" is permissive.
(28) Sidewalk. "Sidewalk" means that portion of a street between the curb lines or lateral lines and the right-of-way lines, which is intended for the use of pedestrians.
(29) State. "State" means the State of Michigan.
(30) Street, Highway and Alley. "Street," "highway" and "alley" mean the entire width subject to an easement for public right of way, or owned in fee by the City, County or State, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public as a matter of right for purposes of public travel. The word "alley" means any such way or place providing a secondary means of ingress and egress from a property.
(31) Tenant and Occupant. "Tenant" and "occupant," as applied to buildings or land, shall extend and be applied to any person holding a written or oral lease of, or who occupies the whole or any part of, a building or land, alone or with others.
(32) Tenses. The use of any verb in the present tense includes the future.
(33) Time. Whenever any time established in the Codified Ordinances for the taking of any action expires on a Sunday or a legal holiday, such time shall not expire on such day but shall expire on the next weekday.
(34) Responsibility. Whenever any act is prohibited by a provision of these Codified Ordinances or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do such act.