§ 1-3. Definitions and rules of construction.  


Latest version.
  • (a)

    Rules of construction. In the construction of this Code, and of all ordinances and resolutions passed by the city council, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council. Words used in the past or present tense include the future as well as the past and present. Words used expressing masculine gender shall be construed to include the feminine.

    (b)

    Definitions. The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Chapter . The term "chapter," when used to clarify the location of an ordinance, subsection, paragraph or article, refers to that chapter of this Code of Ordinances in which they are found unless specifically and clearly the word is used in reference to a separate chapter.

    City . The terms "the city" or "this city" mean the City of Justin in Denton, County, Texas.

    Code . The term "this Code" means the Code of Ordinances of the City of Justin, Texas, as designated in section 1-1 above.

    County . The terms "county," "the county," or "this county" mean Denton County, Texas.

    Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the city to do some act or perform some duty, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to the required act or perform the required duty unless the terms of the provision designate otherwise.

    Fee schedule or city fee schedule. The terms "fee schedule" or "city fee schedule" mean the official consolidated list of city fees, rates, deposit and other administrative charges as determined from time to time by the city council. A copy of the schedule is available in the office of the city secretary.

    Gender . A term importing the masculine gender only shall extend to and be applied to females and to firms, partnerships, associations and corporations, as well as to males.

    Governing authority, governing body . The terms "governing authority" or "governing body" mean the city council.

    Joint authority . Terms purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise declared.

    Law. The term "law" means and denotes applicable federal law, the state constitution and statutes, this Code, ordinances and resolutions of the town, and, when appropriate, any and all rules and regulations that may be promulgated thereunder.

    May . When used with reference to an act, the act referred to is permissive as opposed to mandatory.

    Month . The term "month" means a calendar month.

    Nontechnical and technical words. Terms and phrases shall be constructed 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.

    Number (singular or plural) . Any term importing the singular number shall include the plural and any word importing the plural number shall include the singular.

    Ordinance. The term "ordinance" means a legislative act of the municipal governing body of a general and permanent nature.

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

    Person . Whenever the term "person" or its plural form are used in this Code it means any person, firm, corporation, partnership, association of persons, owner, agent or occupant.

    Public place . Whenever the term "public place" is used, unless otherwise specifically defined, it means any public road, street, alley, park, square, building, or other property of the city or any other places to which people commonly resort for the purpose of business, recreation, or amusements.

    Resolution. The term "resolution" means a legislative act of the city governing authority of a special or temporary character.

    Shall . When used with reference to an act, the act referred to is mandatory as opposed to permissive.

    State . The terms "the state" or "this state" shall be construed to mean the State of Texas.

    Street . The term "street" includes any highway, road, street, avenue, bridge, viaduct, underpass, overpass, tunnel or causeway in the city, dedicated or devoted to public use.

    Tenant or occupant . As applied to premises, the term "tenant" or "occupant" includes any person, holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.

    Tense. Terms used in the past or present tense include the future as well as the past and present.

    Tex. Admin. Code. The abbreviation "Tex. Admin. Code" refers to the Texas Administrative Code.

    V.T.C.A. [subject] Code. The term "V.T.C.A. [subject] Code" identifies a specific subject matter code of legislatively adopted statutes.

    Vernon's Ann. Civ. St. The abbreviation "Vernon's Ann. Civ. St." means the latest edition or supplement to Vernon's Annotated Civil Statutes.

    Vernon's Ann. C.C.P. The abbreviation "Vernon's Ann. C.C.P." means Vernon's Annotated Code of Criminal Procedure.

    (c)

    The provisions of titles 1, 2 and 3 of the state penal code (V.T.C.A., Penal Code § 1.01 et seq.; V.T.C.A., Penal Code § 6.01 et seq.; and V.T.C.A., Penal Code § 12.01 et seq.) shall apply in the interpretation of all penal provisions of this Code to the extent that the penal code mandates that they shall apply.

(Code 1994, § 1.103)