§ 1-3. 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:

Advice and consent. Whenever the term "advice and consent" of the city council is used in this Code it means an affirmative vote of the majority of the entire city council.

As soon as possible. The term "as soon as possible" means within a reasonable time, having due regard to all the circumstances.

City. The term "the city" or "this city" means the City of Hartwell, Georgia. Where appropriate, the term "the city" or "this city" also means duly authorized officials, officers and employees of the city.

City council, council, mayor and council, governing authority, or governing body. The term "city council," "council," "mayor and council," "governing authority," or "governing body" means the city council of the City of Hartwell, Georgia.

Code. The term "Code" means The Code of Ordinances of Hartwell, Georgia.

Computation of time. When a number of days are prescribed for the exercise of any privilege or the discharge of any duty, only the first and last day shall be counted. If the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise such privilege or to discharge the duty. When the last day prescribed for such action shall fall on a public or legal holiday as set forth in state law, the party having such privilege or duty shall have through the following business day to exercise such privilege or to discharge the duty. When the period of time prescribed is less than seven days, an intermediate Saturday, Sunday and legal holiday shall be excluded in the computation.

Conjunctions. Where a provision involves two or more items, conditions, provisions or events connected by any of the conjunctions "and," "or," "either/or," or "neither/nor," the conjunction shall be interpreted as follows; provided that in appropriate cases the terms "and" and "or" are interchangeable:

(1)

The term "and" indicates that all the connected items, conditions, provisions or events shall apply.

(2)

The term "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

The terms "either/or" and "neither/nor" indicate that the connected items, conditions, provisions or events shall apply singly, but not in combination.

County. The term "the county" or "this county" means the County of Hart, Georgia.

Court. The term "court" means the city court.

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, the term "delegation of authority" means to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty unless the terms of the provision designate otherwise.

Department, city council, agency. The name or title of any department, city council or agency, unless otherwise specifically stated, shall be read as though the words "of the City of Hartwell, Georgia" were added thereto.

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

Interpretation. 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, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than any general provisions imposed by this Code, the provision imposing the greater restriction or regulation shall be applicable.

Joint authority. Provisions giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Judge. The term "judge" means the judge of the city court.

Keeper, proprietor. The terms "keeper" and "proprietor" mean a person, as the term "person" is defined in this section, whether acting by himself or through an agent or employee.

May. The term "may" is permissive.

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

Mayor and council. The term "mayor and council" means the mayor and city council of the city.

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

Municipality. The term "municipality" shall be synonymous with the term "city," "town," or "municipal corporation."

Number. The singular number shall include the plural and the plural number shall include the singular.

Oath. The term "oath" means an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "affirm" and "affirmed" shall be equivalent to the words "swear" or "sworn."

O.C.G.A. The abbreviation "O.C.G.A." means the Official Code of Georgia Annotated.

Officials or officers. Whenever reference is made to officials, the city council, commissions, departments or other municipal agents by title only, such reference shall be read as though followed by the words "of the City of Hartwell, Georgia."

Ordinance. The term "ordinance" means a legislative act of the city council of a general and permanent nature.

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

Person. The term "person" includes a corporation, firm, partnership, association, organization, and any other group action as a unit, as well as an individual.

Personal property. The term "personal property" includes every species of property except real property, as defined in this section.

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

Property. The term "property" includes real, personal and mixed estates and interests.

Public place. The term "public place" means any park, cemetery, shopping center, schoolyard or open space adjacent thereto, or any area available accessible to the public, regardless of whether privately or publicly owned, and any place that the public is invited or permitted to go or to congregate.

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

Reasonable time or reasonable notice. The term "reasonable time" or "reasonable notice" means only such time as may be necessary for the prompt performance of the act required.

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

Shall. The term "shall" is mandatory.

Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians. The term "sidewalk" does not include any unimproved area between the curbline and improved walkways.

Signature, subscription. The term "signature" or "subscription" includes a mark intended as such when the person cannot write.

State. The term "state" or "this state" means the State of Georgia.

Statute. The term "statute," unless otherwise specifically stated, refers to the indicated portion of the Official Code of Georgia Annotated.

Street. The term "street" includes any public way, road, highway, street, avenue, boulevard, parkway, allay, viaduct or bridge and the approaches thereto, within the city.

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

Week. The term "week" means seven days.

Will. The term "will" is mandatory.

Writing or written. The terms "writing" and "written" include printing and any other mode of representing words and letters.

Year. The term "year" means a calendar year.

(Code 1989, § 1-2)

State law reference

Definitions, O.C.G.A. § 1-3-1 et seq.