§ 1-2. Definitions and rules of construction.  


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  • In the interpretation and construction of this Code, the following terms, phrases, expressions, definitions and rules of construction shall be observed and liberally construed, unless they are inconsistent with the manifest intent of the parish council or the context clearly requires otherwise.

    Board, commission, officer, department, etc. Whenever any officer, department, board, commission, or other parish agency is referred to by title only, such reference shall be construed as if followed by the words "of West Baton Rouge Parish, Louisiana." Whenever, by the provisions of this Code, any officer, department, board, commission, or other agency of the parish is assigned any duty or empowered to perform any act of duty, reference to such officer, department, board, commission or other agency shall mean and include any authorized representative, if not prohibited by law.

    Charter. The term "Charter" means and refers to the Home Rule Charter of West Baton Rouge Parish.

    Code. The term "Code" means and refers to the "Code of Ordinances, West Baton Rouge Parish, Louisiana," unless otherwise explicitly established.

    Computation of time. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is a Sunday or a legal holiday, and then it shall also be excluded. If the day succeeding such Sunday or legal holiday is also a legal holiday or Sunday, then such succeeding day also shall be excluded.

    State Law reference— Similar provision, LSA-C.C.P., Art. 5059.

    Gender. The masculine shall include the feminine and the neuter. Words used in one gender shall apply also to the other, except as otherwise indicated by the context.

    State Law reference— Similar provision, R.S. 1:8.

    Immovables. The term "immovables" means tracts of land, with their component parts.

    Joint authority. All words giving joint authority to three or more persons or officers shall be construed as giving the authority to a majority of the persons or officers.

    L.A.C. The abbreviation "L.A.C." refers to the Louisiana Administrative Code.

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

    Must, may not. The term "must" is directory; the term "may not" is prohibitory.

    Nontechnical and technical words. Words, terms and phrases shall be construed according to the common and accepted usage of the language; but technical words, terms and phrases and others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

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

    State Law reference— Similar provision, R.S. 1:7.

    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."

    Occupant, tenant. The terms "occupant" and "tenant," applied to a building or land, mean any person who holds a written or oral lease or actually occupies the whole or part of such building or land, either alone or with others.

    Or, and. The term "or" is used in the disjunctive and does not mean and/or. However, "or" may be read "and," and "and" may be read "or," if the sense requires it.

    State Law reference— Similar provision, R.S. 1:9.

    Owner. The term "owner" applied to a building or land includes any part owner, joint owner, tenant in common, tenant in partnership, or joint tenant.

    Parish. The term "the parish" or "this parish" means West Baton Rouge Parish in the State of Louisiana.

    Person. The term "person" means any individual, body of persons whether incorporated or not, partnership, corporation, joint stock association, limited liability company, or any city or state or any subdivision thereof, and includes any trustee, receiver, assignee or personal representative.

    State Law reference— Similar provision, R.S. 1:10.

    Personal property. The term "personal property" includes every species of property except real property.

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

    R.S. Whenever the abbreviation "R.S." is used, it shall refer to the latest edition, supplement, or amendment thereto of the Louisiana Revised Statutes.

    State Law reference— Similar provision, R.S. 1:14.

    Shall, may. The term "shall" is mandatory; the term "may" is permissive.

    State Law reference— Similar provision, R.S. 1:3.

    Sidewalk. The term "sidewalk" means that portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for use by pedestrians.

    State. The term "the state" or "this state" shall be construed to mean the State of Louisiana.

    Street. The term "street" means and includes the public streets, avenues, boulevards, highways, roadways, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the parish.

    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 seven days.

    Written, in writing. The terms "written" and "in writing" may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law by any public official or public writing or bond required by law, it shall be in the proper handwriting of such person or, in case he is unable to write, by his proper mark.

    Year. The term "year" means a calendar year unless otherwise expressed.