§ 101-2. Definitions and rules of construction.

The following definitions and rules of construction shall apply to all resolutions adopted by the board of commissioners, unless the context requires otherwise:

Generally. Ordinary meanings shall be applied to all words, except words of art, or words connected with a particular trade or subject matter, in which case words shall have the significance attached to them by experts in such trade or with reference to such subject matter. The definitions of terms found in generally accepted dictionaries are prima facie evidence of meaning. In making interpretations of resolutions, the courts shall look diligently for the intent of the board of commissioners, as gleaned from the minutes of meetings reflecting the approval of motions by the board of commissioners, recitals found in ordinances, and statements of policy and intent adopted by the board of commissioners. Grammatical errors shall not vitiate, and transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands.

Liberal construction; minimum requirements; overlapping provisions. All general provisions, terms, phrases, and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the board of commissioners may be fully carried out. In the interpretation and application of any provision of this Code, such provisions shall be held to be the minimum requirements 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 the other provisions of this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Captions, maps, etc. In case of any difference of meaning or implication between the text of this Code and any caption, illustration, map, chart, summary table or illustrative table, the text shall control.

Adequate. The word "adequate" means equal to what is required, suitable to the case or occasion, fully sufficient, proportionate, satisfactory.

Aforesaid. The word "aforesaid" usually means next before, unless the context requires a different signification.

All. The word "all" means everyone, or the whole number of particulars.

Also. The word "also" means "in like manner," "likewise," "in addition," "besides," "as well," "further," "too."

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

At. The term "at" may mean "in," "near," "within," or "about." Its primary idea is nearness, and it is less definite than "in" or "on."

Board of commissioners. The term "board of commissioners" means the Board of Commissioners of Fulton County, Georgia.

Code. The term "Code" means the Code of Resolutions of Fulton County as designated in section 101-1. Such Code is subpart B.

Computation of time. 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.

Conjunctions. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either…or," the conjunction shall be interpreted as follows:

(1)

And indicates that all the connected items, conditions, provisions or events shall apply.

(2)

Or indicates that the connected items, conditions, provisions or events may apply singularly or in any combination.

(3)

Either…or indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination.

County. The word "county" means Fulton County, Georgia. When appropriate, the term "county" means a designated department, officer or employee thereof.

Delegation of authority. Unless otherwise restricted by state law, whenever a provision appears requiring a county officer or county employee to do some act, it is to be construed to authorize the officer or employee to designate, delegate, and authorize subordinates to perform the required act.

Department. The word "department" means an administrative department of county government. When appropriate, "department" means the director of the department or the director's designee. A department is not a legal entity capable of suit.

Director. The word "director" refers to the director of an administrative department of county government or the director's designee. The term is synonymous with department head and appointing authority.

Following. The word "following" means next after.

Gender. A word importing one gender includes all other genders.

Includes or including. The word "includes" or "including" shall not be construed to limit a term to the specified examples, but is intended to extend the meaning of a term to all instances or circumstances of like kind or character.

Joint authority. A joint authority given to any number of persons, or officers, may be executed by a majority of them.

Keeper and proprietor. The words "keeper" and "proprietor" mean and include persons, whether acting by themselves or as a servant, agent, or employee.

May. The word "may" is to be construed as being permissive.

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

Must. The word "must" is to be construed as being mandatory.

Number. The singular and plural number include the other, unless expressly excluded.

Oath. An "oath" includes an affirmation.

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

Officials, employees, boards, commissions, etc. Whenever reference is made to officials, employees, boards, commissions, or other agencies of the county by title only, the reference refers to the officials, employees, boards, commissions, or other agencies of the county.

Ordinance. The word "ordinance" means any legislation enacted by the board of commissioners that is capable of enforcement through the imposition of fines or penalties.

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

Person. The word "person" includes any association, club, society, firm, corporation, partnership, and body politic and corporate, 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. The word "preceding" means next before.

Property. The term "property" includes real and personal property.

Public place. The term "public place" includes any place that the public is invited or permitted to go or congregate.

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

Resolution. The word "resolution" means a policy statement or directive or course of action adopted by the board of commissioners at a regularly called meeting.

Shall. The word "shall" is to be construed as being mandatory.

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

Signature or subscription. A "signature" or "subscription" includes the mark of an illiterate or infirm person.

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

Street or road. The word "street" or "road" includes any street, avenue, boulevard, road, alley, lane, viaduct and any other public highway in the county, including, but not limited to, the paved or improved surfaces thereof.

Tenant, occupant. The word "tenant" or "occupant," 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 a 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.

Until a certain day. The term "until a certain day" includes all of such day.

Week. The word "week" means seven days.

Whereas. The term "whereas" means "considering that."

Will. The word "will" is to be construed as being mandatory.

Writing. The term "writing" includes printing and all numerals.

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

(Code 1983, § 21-1-2)

State law reference

Statutory definitions and rules of construction, O.C.G.A. § 1-3-1 et seq.