In the construction of the Codified Ordinances the following definitions and rules of construction shall control, excepting those inconsistent with the manifest intent of Council as disclosed in a particular provision, section or chapter:
(1) Administrative Manual. "Administrative Manual" means those documents specifying operational matters of Municipal units, including, but not necessarily limited to, descriptions of the duties and responsibilities of subordinate units, rules and regulations and appropriate administrative procedures, records and reports.
(2) Administrative Service. "Administrative service" means all personnel in those units of the City which are under the authority of the chief executive officer.
(3) Adopting Ordinance. "Adopting Ordinance" means the ordinance of the City adopting the Codified Ordinances of Johnstown, Pennsylvania, in conformity with the Home Rule Charter and Ordinance 4654, passed October 27, 1993.
(4) 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.
(5) Bond. When a bond is required, an obligation in writing under seal is sufficient.
(6) Calendar; Computation of Time. "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 or a legal holiday, in which case it shall be excluded. If time is expressed in hours, the whole of Sunday shall be excluded.
(7) Charter. "Charter" means either the Original Charter of the City of Johnstown, Pennsylvania (adopted in 1889), or the Home Rule Charter of the City of Johnstown, Pennsylvania, adopted by the voters of the Home Rule Municipality of the City of Johnstown on May 18, 1993.
(8) Charter Law. "Charter Law" means the Optional Third Class City Charter Law, Act of July 15, 1957 (P.L. 901, No. 399), as amended.
(9) City and Municipality. "City" and "Municipality" mean the Home Rule City or Municipality of Johnstown, Pennsylvania.
(10) City Manager. "City Manager" means the chief executive officer of the City.
(11) City Solicitor. "City Solicitor" means the legal advisor and chief attorney for the City.
(12) Conjunctions. "And" includes "or" and "or" includes "and" if the sense so requires.
(13) Council. "Council" means the governing body of the City of Johnstown, Pennsylvania.
(14) County. "County" means the County of Cambria, Pennsylvania.
(15) Elector. "Elector" means any person within the Municipality who has legally registered to vote.
(16) Fire Department. "Fire Department" means the Department of Fire of the City of Johnstown, Pennsylvania.
(17) Gender. Words importing the masculine shall extend and be applied to the feminine and neuter genders.
(18) General Rule. Except as otherwise provided in this section, words and phrases shall be construed according to the common usage of 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.
(19) In the City. "In the City" means and includes any territory, jurisdiction of which for the exercise of its regulatory power, has been conferred on the City by public and private law.
(20) Initiative. "Initiative" means the filing, with the applicable officials, of a legally sufficient petition containing a proposal for referendum signed by electors comprising five percent of the number of electors voting for the office of the governor in the last gubernatorial general election in the Municipality.
(21) 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.
(22) Keeper or Proprietor. "Keeper" or "proprietor" means and includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
(23) Land or Real Estate. "Land" or "real estate" includes rights and easements of an incorporeal nature.
(24) Law. "Law" means all applicable laws of the United States of America and the Commonwealth of Pennsylvania.
(25) May. "May" is permissive.
(26) Municipal Election. "Municipal election" means that election required by the Constitution of Pennsylvania to be held in odd-numbered years.
(27) Number. Words in the plural number include the singular number and words in the singular number include the plural number.
(28) 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 against taking an oath. An affirmation has the same force and effect as an oath.
(29) Ordinance. "Ordinance" means any ordinance of the City, including the Administration Code.
(30) 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.
(31) Person. "Person" shall extend to and be applied to associations, clubs, corporations, firms, partnerships and bodies politic, as well as to individuals.
(32) Police Department. "Police Department" means the Department of Police of the City of Johnstown, Pennsylvania.
(33) Preceding, Following. "Preceding" and "following" mean next before and next after, respectively.
(34) Premises. "Premises," when used as applicable to property, extends to and includes land and buildings.
(35) 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.
(36) Public Grounds. "Public grounds" means and includes parks and all public lands owned by the City and those parts of public places which do not form traveled parts of the streets.
(37) Publish. "Publish" means to print in a newspaper of general circulation in the City 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 public inspection.
(38) 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 giving of such notice.
(39) Referendum. "Referendum" means the approval or rejection of a question placed on the ballot, by initiative or otherwise, by a majority vote of the electors voting thereon.
(40) Residence. "Residence" means a domicile in which an officer or employee permanently resides with family.
(41) Shall. "Shall" is mandatory.
(42) Sidewalk. "Sidewalk" means any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.
(43) Signature, Subscription. "Signature" and "subscription" include a mark when a person cannot write, his or her name being written near it, and being witnessed by a person who writes his or her own name as a witness.
(44) State or Commonwealth. "State" or "Commonwealth" means the Commonwealth of Pennsylvania.
(45) Statute. "Statute" means a statute of the Commonwealth of Pennsylvania. Whenever reference is made, for example, to 53 Purdon's Statutes, Sec. 35101, it shall be construed to refer to Title 53 of Purdon's Pennsylvania Statutes, Section 35101, as amended, or whatever title and section are cited.
(46) Street. "Street" shall be construed to include alleys, avenues, boulevards, lanes, roads, streets and other public ways in the City.
(47) Tenant or Occupant. "Tenant" or "occupant," as applied to a building or land, shall extend and be applied to any person holding a written or oral lease of or who occupied the whole or any part of a building or land, alone or with others.
(48) Tenses. The use of any verb in the present tense includes the future tense.
(49) Transfer. “Transfer” means all movement of funds, and includes if referred to as: loan(s), temporary loan(s), or any other term applied for the movement of funds.
(50) Transfer of Appropriations. “Transfer of appropriations” means the movement of all funded appropriations amounts from all unencumbered appropriation balances from one department, office, agency or fund to another, and shall require prior approval through the adoption of a resolution of authorization.
(51) Unit. "Unit" means any governmental entity of the Municipality.
(52) Voter. "Voter" means any person who votes.
(53) Written. "Written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
(Ord. 4667. Passed 7-13-94; Ord. 5024. Passed 11-12-08.)