A. Liberal Construction: 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.
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.
C. Computation Of Time: Whenever a notice is required to be given or an act to be done in a certain length of time before any proceeding shall be held, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be held shall not be counted.
D. 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 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 one gender only shall extend and be applied to other genders and to firms, partnerships, corporations and/or any legal entity as well.
F. Joint Authority: All words giving 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.
G. Law: Includes applicable federal law, provisions of the constitution and statutes of the state of Oklahoma, the ordinances of the city and, when appropriate, any and all rules and regulations promulgated thereunder.
H. May/Shall: The word "may" is permissive; the word "shall" is mandatory.
I. Or/And: "Or" may be read "and", and "and" may be read "or", if the sense requires it.
J. Preceding, Following: The next before and next after, respectively.
K. Nontechnical And Technical Words: Words and phrases which are not specifically defined shall be construed according to the common and accepted 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.
L. 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. Words used in the plural number may also include the singular unless a contrary intention plainly appears.
M. Officers, Employees, Agencies Generally: Whenever any officer, employee, agency or department is referred to by title only, such reference shall be construed as if followed by the words "of the city of Okemah".
N. Tense: Words used in the past or present tense include the future as well as the past and present.
O. Statutory References: Reference to the statutes of the state of Oklahoma means the statutes as they now are or as they may be amended to be.
P. 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 the city's ordinances is not meant to amend passage and effective dates of such original ordinances. (1985 Code § 1-102; amd. 2007 Code)
Whenever the following words or terms are used in this code, they shall have such 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 Okemah, county of Okfuskee, state of Oklahoma. The word "city" shall be construed as if the words "of Okemah, Oklahoma", followed.
CODE: The code of the city of Okemah.
COUNCIL OR CITY COUNCIL: The city council of Okemah.
COUNTY: The county of Okfuskee, Oklahoma.
FISCAL YEAR: The fiscal year of the town shall begin on July 1 of each year and end on June 30.
MANAGER OR CITY MANAGER: The city manager of the city.
MAYOR: The mayor of the city.
MONTH: A calendar month.
OS: Oklahoma Statutes.
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".
OCCUPANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land whether alone or with others.
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, joint tenant or lessee of the whole or of a part of such building or land.
PERSON: Shall extend and be applied to an actual person, any persons and to associations, clubs, societies, firms, partnerships, any legal entity, and bodies politic and corporate, or the manager, lessee, agent, servant, officer or employee of any of them, unless a contrary intention plainly appears.
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.
PROPERTY: Shall include real and personal property.
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.
SIGNATURE OR SUBSCRIPTION: Includes a mark when a person cannot write.
STATE OR THE STATE: The state of Oklahoma.
STREET: Shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, highways, courts, places, squares, curbs and all other public ways in the city which are dedicated and open to public use.
TENANT: As applied to a building or land, shall include any person who occupies the whole or any part of such building or land, whether alone or with others.
WEEK: Seven (7) days.
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 to 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. (1985 Code § 1-102; amd. 2007 Code)
The catchlines of sections in this code are printed in capital letters, and citations included at the end of sections are intended to indicate the historical source, and shall not be deemed or taken to be titles and official sources of such sections; nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of the sections, including the catchlines, or citations, are amended or reenacted. (1985 Code § 1-103; amd. 2007 Code)