§ 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances of the City, the following definitions and rules of construction shall be observed, unless they are inconsistent with the intent of the Council or the context clearly requires otherwise:

Charter. The term "Charter" means the Charter of the City of Port Huron, Michigan, adopted November 2, 2010, effective January 1, 2011, and shall include any amendment to such Charter.

City. The term "City" denotes the City of Port Huron, Michigan.

Code. The terms "Code" and "this Code" mean the Code of Ordinances, City of Port Huron, Michigan, as designated in § 1-1, and as modified by amendment; by revision; and by the adoption of new chapters, articles, divisions or sections.

Computation of time. The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day is a Sunday or a legal holiday, it shall be excluded; when the time is expressed in hours, the whole of Sunday or a legal holiday, from 12:00 midnight to 12:00 midnight, shall be excluded.

Council. The term "council" means the Council of the City of Port Huron.

County. The terms "the county" and "this county" mean the County of St. Clair in the State of Michigan.

Gender. Terms denoting the masculine gender shall be deemed to include the feminine and neuter genders.

General terms. A general term following a specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

Joint authority. All words purporting to give joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise expressly declared in the ordinance granting the authority.

MCL. The abbreviation "MCL" refers to the Michigan Compiled Laws, as amended.

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

Number. Words in the singular shall include the plural, and words in the plural shall include the singular.

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 phrase "of the City of Port Huron, Michigan." Whenever, by the sections of this Code, any officer, employee, department, board, commission or other 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.

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

Person, whoever. The term "person" and its derivatives and the term "whoever" include a natural person, a partnership, an association, a legal entity or a corporate body or any body of persons corporate or incorporate. Whenever used in any clause prescribing and imposing a penalty, the terms "person" and "whoever," as applied to any unincorporated entity, mean the partners or members thereof and, as applied to corporations, the officers thereof.

Public Act. The term "Public Act" means a Public Act of the State of Michigan and shall refer to such act as amended.

Public place. The term "public place" means any place to or upon which the public resorts or travels, whether such place is owned or controlled by the City or any agency of the state or is a place to or upon which the public resorts or travels by custom or by invitation, express or implied. The term "public place" includes any street, alley, park, public building; any place of business or assembly open to or frequented by the public; and any other place which is open to the public view or to which the public has access.

Shall and may. Whenever the term "shall" appears in this Code, it shall be considered mandatory and not directory, except as otherwise provided. The term "may" is permissive.

Sidewalk. The term "sidewalk" means that portion of a street, between the curblines or lateral lines and the right-of-way lines, which is intended for the use of pedestrians.

State. The terms "the state" and "this state" shall be construed to mean the State of Michigan.

Street, highway and alley. The terms "street" and "highway" mean the entire width, subject to an easement for public right-of-way or owned in fee by the City, county or state, of every way or place, of whatever nature, whenever any part thereof is open to the public, as a matter of right, for purposes of public travel. The term "alley" means any such way or place providing a secondary means of ingress and egress from a property.

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

Code 1992, § 1-2; 6-26-2017 by Ord. No. 17-005