A. General And Liberal Construction:
1. 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 mayor and city council may be fully carried out. (2013 Code)
2. The provisions of this code, and all proceedings under them, are to be construed with a view to effect their objectives and to promote justice. (1977 Code § 1.04.080)
B. Minimum Requirements: 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 and general welfare. (2013 Code)
C. Computation Of Time: Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case, it shall also be excluded. (1977 Code § 1.04.070)
D. Delegation Of Authority: Whenever a provision requires 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.
E. 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.
F. Joint Authority: All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. (2013 Code)
G. May; Shall; Must: The word "may" is permissive; the words "shall" and "must" are mandatory. (1977 Code § 1.04.010)
H. 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.
I. 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. (2013 Code)
J. Officers, Employees, Boards And Commissions Generally: Whenever any officer, employee, board or commission is referred to by title only, such reference shall be construed as if followed by the words "of the city of Marion". (1977 Code § 1.04.020; amd. 2013 Code)
K. Tense: Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (1977 Code § 1.04.040)
L. Reference To Marion City Code: Whenever a reference is made to this code as the "Marion city code", or to any portion thereof, or to any ordinance of the city, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (1977 Code § 1.01.050)
M. Reference To Specific Ordinances: The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (1977 Code § 1.01.070)
N. Prohibited Acts: Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (1977 Code § 1.04.060)
O. Ordinance: The word "ordinance" contained in the ordinances of the city has been changed in the content of this code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to city ordinances is not meant to amend passage and effective dates of such original ordinances. (2013 Code)
Whenever the following words or terms are used in this code, they shall have the meanings herein ascribed to them, unless the context makes such meaning repugnant thereto:
AGENT: A person acting on behalf of another with authority conferred, either expressly or by implication.
CITY: The city of Marion, Illinois, or the area within the territorial limits of the city of Marion, Illinois, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
CODE: The city code of the city of Marion.
COUNCIL: The city council of the city of Marion. "All its members" or "all commissioners" means the total number of commissioners holding office. The term "city council" includes the mayor.
COUNTY: The county of Williamson, state of Illinois.
LAW: Denotes applicable federal law, the constitution and statutes of the state of Illinois, the ordinances of the city of Marion, and, when appropriate, any and all rules and regulations which may be promulgated thereunder.
LICENSE: The permission granted for the carrying on of a business, profession or occupation.
MONTH: A calendar month.
NUISANCE: Anything offensive to the sensibilities of reasonable persons, or any act or activity creating a hazard which threatens the health and welfare of inhabitants of the city, or any activity which, by its perpetuation, can reasonably be said to have a detrimental effect on the property of a person or persons within the community.
OATH: Includes an affirmation or declaration 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".
OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code.
OPERATOR: The person who is in charge of any operation, business or profession.
OWNER: As applied to a building or land, shall include any part owner, joint owner, tenant in common or joint tenant of the whole or of a part of such building or land.
PERSON: Includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
PERSONAL PROPERTY: Shall include every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.
PRECEDING AND FOLLOWING: Next before and next after, respectively.
PROPERTY: Includes real and personal property.
REAL PROPERTY: Includes lands, tenements and hereditaments.
RETAILER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things direct to the consumer.
RIGHT OF WAY: The privilege of the immediate use of the roadway or other property.
SIDEWALK: That portion of a street between the curb line and adjacent property line intended for the use of pedestrians.
STATE: The state of Illinois.
STREET: Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in the city which have or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state of Illinois.
TENANT AND OCCUPANT: As 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.
WHOLESALER AND WHOLESALE DEALER: Unless otherwise specifically defined, shall be understood to relate to the sale of goods, merchandise, articles or things to persons who purchase for the purpose of resale.
WRITTEN, IN WRITING: May include printing and any other mode of representing words and letters, but when the written signature of any person is required by law on any official or public writing or bond, it shall be in the proper handwriting of such person or, in case such person is unable to write, by such person's proper mark.
YEAR: A calendar year. (1977 Code § 1.04.010; amd. 2013 Code)
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