These rules apply to the Xenia City Code and its component codes, titles, chapters, sections, and divisions, and to any rules or regulations promulgated under them, unless otherwise stated therein.
Statutory Reference: ORC 1.41
(a) Common and Technical Usage. Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.
Statutory reference: ORC 1.42
(b) Singular and Plural; Gender; Tense. As used in the Xenia City Code, unless the context otherwise requires:
(1) The singular includes the plural, and the plural includes the singular;
(2) Words of one gender include the other genders; and
(3) Words in the present tense include the future tense.
Statutory reference: ORC 1.43
(c) Mandatory or Discretionary.
(1) The words "shall" or "will" are mandatory and not discretionary.
(2) The word "may" is permissive and discretionary.
(d) Conflict in the Expression of Numbers. If there is a conflict between figures and words in expressing a number, the words govern.
Statutory reference: ORC 1.46
(e) Construction of References to Sections.
(1) Wherever in a penalty section reference is made to a violation of a series of sections, or of divisions or subdivisions of a section, such reference shall be construed to mean a violation of any section, division or subdivision included in such reference.
(2) References in the Xenia City Code to action taken or authorized under designated sections of the Xenia City Code include, in every case, action taken or authorized under any applicable, prior section which has been superseded.
Statutory Reference: ORC 1.23
(3) A reference to any title, chapter, section, or division of the Xenia City Code applies to all reenactments or amendments thereof.
Statutory Reference: ORC 1.55
(4) If a section of the Xenia City Code refers to a series of numbers or letters, the first and the last numbers or letters are included.
Statutory Reference: ORC 1.56
(5) Whenever in any title, chapter, section, or division of the Xenia City Code reference is made to another title, chapter, section, or division, the reference shall extend and apply to the title, chapter, section, or division referred to as subsequently amended, revised, recodified, or renumbered, unless the subject matter was changed or materially altered by the amendment or revision.
(f) References to Offices or Officers. Reference to a public department, division or office or department head, division head or officer shall be deemed to apply to any department, division, office, officer, or employee of the City exercising the powers, duties or functions contemplated in the reference, irrespective of any transfer of functions or change in the official title of the department, division, office, officer, or employee.
(g) Errors and Omissions. If a manifest error is discovered consisting of the misspelling of any word or words, the omission of any word or words necessary to express the intention of the provisions affected, the use of a word or words to which no meaning can be attached, or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted or substituted as will conform with the manifest intention, and the provision shall have the same effect as though the correct words were contained in the text as originally published. No such alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
(h) Authorized Agents. When the law requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.
(i) Exceptions. These rules of construction shall not apply to any chapter, section, or division of the Xenia City Code that contains any express provision excluding such construction, or which provides for its own rules of construction, or when the subject matter or context of such law may be repugnant thereto.
(Ord. 2021-23. Adopted 12/29/21)