§ 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances of the county, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section or ordinance, or unless inconsistent with the manifest intent of the board of commissioners, or unless the context clearly requires otherwise.

Board of commissioners, board, commissioners, commission, county commission, governing authority, governing body. Each such term shall mean the board of commissioners of Banks County, Georgia.

Chairman, officers and officials. Whenever the term "chairman" is used it shall mean the chairman of the board of commissioners of Banks County. Whenever titles of various officers or officials are used, they shall refer to the persons holding such positions with Banks County.

Code. The term "Code" shall mean "The Code of Banks County, Georgia," as designated in section 1-1.

Computation of time. Except as otherwise provided by time period computations specifically applying to other laws, 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; and, if the last day falls on Saturday or Sunday, the party 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 as set forth in O.C.G.A. § 1-4-1, the party 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.

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

County administrator. The term "county administrator" means the county administrator of Banks County, Georgia.

Day. The term "day" means a calendar day of 24 hours.

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

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males or any other legal entity when applicable under federal or state law.

Joint authority. All words 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.

Keeper and proprietor. The terms "keeper" and "proprietor" shall mean and include 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.

Nontechnical and technical words. Words and phrases shall be construed 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. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

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

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

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 include 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 associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

Personal property. The term "personal property" shall include every species of property except real property, as described in this section.

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

Premises. Whenever the term "premises" is used it shall mean place or places.

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

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

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

Residence. The term "residence" shall be construed to 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.

Sheriff. The term "sheriff' shall mean the sheriff of Banks County, Georgia.

Sidewalk. The term "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

Signature or subscription. The signature or subscription of a person shall include a mark when the person cannot write.

State. The terms "state" and "the state" shall mean the State of Georgia.

Street. The term "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the county.

Tenant, occupant. The terms "tenant" and "occupant," applied to a building or land, shall include 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. Words used in the past or present tense include the future as well as the past and present.

Week. The term "week" shall be construed to mean a calendar week, of seven days.

Written and in writing. The terms "written" and "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

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

State law reference

Computation of time, O.C.G.A. § 1-3-1; construction of definitions, O.C.G.A. § 1-3-2; statutory definitions and rules of construction, O.C.G.A. § 1-3-1 et seq.; meaning of certain words, O.C.G.A. § 1-3-3.