§ 1-2. Definitions and rules of construction.

In the construction of this Code, the definitions and rules of construction in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the board of commissioners.

General. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provision imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. The ordinary signification shall be applied to all words, except words of art or words connected with a particular trade or subject matter, which shall have the signification attached to them by experts in such trade or with reference to such subject matter.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(b).

Board, board of commissioners. The terms "board" and "board of commissioners" shall mean the board of commissioners of Gilmer County, Georgia.

Code and this Code. Whenever the terms "Code" and "this Code" are referred to without further qualification, it shall mean the Code of Gilmer County, Georgia, as designated in section 1-1.

Computation of time. When a period of time measured in days, weeks, months, years or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; if the last day falls on Saturday or Sunday, the person having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday provided for in O.C.G.A. § 1-4-1, the person having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(d)(3).

County. The terms "the county" and "this county" shall mean Gilmer County, Georgia.

Delegation of authority. Whenever a provision appears requiring the head of a department of the county to do some act, it is to be construed to authorize him to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision or section designate otherwise.

Fee, charge, rate, deposit. The terms "fee," "charge," "rate" or "deposit" shall mean a fee, charge, rate or deposit set from time to time by the board of commissioners and kept on file in the office of the board.

Following. The term "following" shall mean next after.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(8).

Gender. The masculine gender shall include the feminine and the neuter.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(d)(4).

Joint authority. A joint authority given to any number of persons or officers may be executed by a majority of them.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(d)(5).

Keeper, proprietor. The terms "keeper" and "proprietor" shall mean persons, firms, associations, corporations, receivers, trustees, personal representatives, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

Month. The term "month" shall mean a calendar month.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(11).

Number. The singular or plural number shall each include the other.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(d)(6).

Oath. The term "oath" shall include affirmation.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(12).

O.C.G.A. The abbreviation "O.C.G.A." shall mean the current official codification of Georgia laws, as amended.

Officers, departments, etc. Whenever titles of various officers, departments or other agencies are used, they shall refer to such officers, departments or agencies of Gilmer County, Georgia.

Or, and. The term "or" may be read "and," and the term "and" may be read "or," if the sense requires it.

Owner. The term "owner," applied to a building or land, shall mean any part owner, joint owner, tenant in common or tenant in partnership of the whole or of a part of such building or land.

Person. The term "person" shall extend and be applied to organizations, associations, clubs, societies, companies, proprietorships, firms, partnerships, either general or limited, joint ventures, trusts, and bodies politic and/or corporate and other legal entities, as well as to individuals.

State Law reference— "Person" defined, O.C.G.A. § 1-3-3(14).

Personal property. The term "personal property" shall mean every species of property except real property, as herein described.

Preceding. The term "preceding" shall mean next before.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(15).

Property. The term "property" shall mean real and personal property.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(16).

Public place. The term "public place" shall mean any park, cemetery, schoolyard or open space adjacent thereto, or any area available and/or accessible to the public, regardless of whether it is privately or publicly owned.

Real property. The term "real property" shall mean lands, tenements and hereditaments.

Residence. The term "residence" shall mean the place adopted by a person as his place of habitation and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

Seal. The term "seal" shall mean the county seal.

Shall, may. The term "shall" is mandatory; the term "may" is permissive.

State Law reference— "May" defined, O.C.G.A. § 1-3-3(10).

Sidewalk. The term "sidewalk" shall mean that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.

State Law reference— "Sidewalk" defined, O.C.G.A. § 40-1-1(57).

Signature, subscription. The "signature" or "subscription" of a person shall include a mark of an illiterate or infirm person.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(19).

State. The terms "the state" or "this state" shall mean the State of Georgia.

Street. The term "street" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

State Law reference— Similar provisions, O.C.G.A. § 40-1-1(63).

Tenant, occupant. The terms "tenant" or "occupant," applied to a building or land, shall mean any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.

Tense. The present or past tense shall include the future.

State Law reference— Similar provisions, O.C.G.A. § 1-3-1(d)(7).

Title of officer, employee, department, board, commission or agency. Whenever the title of an officer, employee, department, board, commission or agency is given, it shall be construed as though the phrase "of Gilmer County" were added.

Week. The term "week" shall mean seven days.

Writing. The term "writing" shall mean printing and all numerals.

State Law reference— Similar provisions, O.C.G.A. § 1-3-3(23).

Year. The term "year" shall mean a calendar year.

State law reference

Similar provisions, O.C.G.A. § 1-3-3(24).