§ 1-2. Rules of Code construction; definitions

In the construction of this Code and of all ordinances, the following rules of construction and definitions shall be observed, unless inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

Administrative regulations. The words "administrative regulations" mean written orders which are issued by the mayor and compiled in a manual.

And/or. "And" may be read "or" and "or" may be read "and" if the sense requires it.

Bond. The word "bond" means an obligation in writing, binding the signatory to pay a sum certain upon the happening or failure of an event.

Building. The word "building" means any structure intended to have walls and a roof.

Business. The word "business" means any profession, trade, occupation and any other commercial enterprise conducted for monetary reward.

Charter. The word "Charter" means the Charter of the City of Pontiac.

City. The word "city" means the City of Pontiac, in the County of Oakland and State of Michigan.

City limits. The words "city limits" mean within the city and includes not only the corporate limits of the city, but also any property which it owns or which is under its jurisdiction.

Clerk. The word "clerk" means the city clerk.

Code. The term "Code" or "this Code" shall mean the Municipal Code of Pontiac, Michigan, as designated in section 1-1, and as hereinafter modified by amendment, revision and by the adoption of new chapters, articles, divisions or sections.

Council. The word "council" means the legislative and governing body of the city, the city council.

County. The word "county" means Oakland County, Michigan.

Definitions. Definitions given within a chapter or article apply only to words or phrases used in such chapter or article, unless otherwise provided.

Designee. The word "designee," following an official of the city, means the authorized agent, employee or representative of such official.

Director. The word "director" means the chief executive officer of the office or department to which the particular division, bureau, board, agency or subordinate municipal administrative body has been assigned by the council or Charter.

Engineer. The word "engineer" means the city engineer.

Gender. Words in any section importing the masculine gender shall include the feminine and neuter as well as the masculine.

Health officer. The words "health officer" mean any person designated by the council or ordinance of the city to enforce any law, ordinance or regulation in the public health or sanitation field.

Joint authority. Joint authority means that authority given to several persons or officers. Such authority vests in a majority of such persons or officers.

Keeper. The word "keeper" means one in possession of or who has the care, custody or superintendence of a thing, place or business, whether or not the owner or proprietor, and includes any person, firm, association, corporation, club and copartnership whether acting by themselves or by a servant, agent or employee.

May. The word "may" is permissive and discretionary.

Mayor. The word "mayor" means the mayor of the city.

MCL, MSA. The abbreviations "MCL" and "MSA" refer to the Michigan Compiled Laws and Michigan Statutes Annotated respectively, as amended.

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

Number. Words used in the singular include the plural and the plural includes the singular.

Oath. The word "oath" means any form of attestation by which a person signifies that he is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be submitted for an oath.

Occupant. The word "occupant" means tenant or person in actual possession.

Officer, employee, department, board, commission or other agency. Whenever any officer, employee, department, board, commission, or other agency is referred to by title only, such reference shall be construed as if followed by the words "of the City of Pontiac, Michigan." Whenever, by the provisions of this Code, any officer, employee, department, board, commission or other city agency of the city is assigned any duty or empowered to perform any act or duty, reference to such officer, employee, department, board, commission or agency shall mean and include such officer, employee, department, board, commission or agency, or any deputy or authorized subordinate.

Operate. The word "operate" means carry on, keep, conduct, maintain, manage, direct or superintend.

Ordinances. The word "ordinances" means the ordinances of the city and all amendments and supplements thereto.

Owner. The word "owner" means one who has complete dominion over particular property and who is the one in whom legal or equitable title rests; when applied to a building or land, "owner" means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, or joint tenant, of the whole or part of such building or land.

Person. The word "person" means any individual, natural person, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business, trust, organization, or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them including an executor, administrator, trustee, receiver or other representative appointed according to law.

Personal property. The words "personal property" mean any money, goods, movable chattel, things in action, evidence of debt, all objects and rights which are capable of ownership, and every other species of property except real property.

Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

Proprietor. The word "proprietor" means an owner of the property or premises, including any person, firm, association, corporation, club, partnership or other group acting as a unit whether acting by themselves or by a servant, agent or employee.

Public place. The words "public place" mean any park, lake, stream, stadium, athletic field, playground, schoolyard, street, avenue, plaza, square, bus, train or railroad depot, station, terminal, cemetery, open space adjacent thereto or any other place commonly open to the public.

Real property. The words "real property" mean land, together with all things attached to the land so as to become a part thereof.

Shall, will. The words "shall" and "will" are mandatory.

Sidewalk. The word "sidewalk" means that portion of a street between the curbline and the adjacent property along the margin of a street or other highway, designed, constructed and intended for the use of pedestrians to the exclusion of vehicles.

Signature, subscription. The word "signature" or "subscription" means the name of a person, or the mark or symbol appended by him to a writing with intent to authenticate the instrument as one made or put into effect by him.

State. The word "state" means the State of Michigan.

State statutes or laws or public acts. The words "state statutes" or "laws" or "public acts" mean the latest published edition of the statutes or laws of Michigan, as amended, unless otherwise indicated.

Street. The word "street" means all streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges and the approaches thereto, docks built on the public streets, alleys, courts, places, squares, curbs, sidewalks, recreation and park lands used for vehicular traffic, or other public ways or thoroughfares in the city over which it has jurisdiction, which have been or may be dedicated and open to public use, or such other public property so designated in any law of this state.

Tenant. The word "tenant" means any person occupying the premises, building or land of another in subordination to such other person's title and with his express or implied assent, whether he occupies the whole or a part of such premises, building or land, whether alone or with others.

Tense. Words used in the past or present tense include the future, past and present where applicable unless the context clearly indicates otherwise.

Time. References to time mean an hour of the day according to the official time of the city.

Time of performance. Time of performance means the time within which an act is to be done as provided in any section or any order issued pursuant to any section, when expressed in days, and is computed by excluding the first and including the last day. If the last day is Sunday or a legal holiday, that day shall not be counted in the computation. When the time is expressed in hours, the whole of Sunday or a legal holiday from midnight to midnight is excluded.

Treasurer. The word "treasurer" means the city treasurer.

Watercourse. The word "watercourse" means any drain, ditch and stream, flowing in a definite direction or course in a bed with banks.

Week. The word "week" means seven days.

Words and phrases. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such meaning.

Writing and written. The words "writing" and "written" mean any representation of words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.

Year. The word "year" means a calendar year except in cases where the fiscal year of the city is referred to or is clearly intended from the context.

(Code 1985, § 1-2)