§ 1-2. Definitions and rules of construction.  


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  • The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise:

    Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the township board may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.

    Code. The term "Code" means the Code of Ordinances, Charter Township of Monroe, Monroe County, Michigan, as designated in section 1-1.

    Computation of time. In computing a period of days, the first day is excluded and the last day is included. If the last day of any period or a fixed or final day is a Saturday, Sunday, or legal holiday, the period or day is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

    Conjunctions. In a provision involving two or more items, conditions, provisions, or events, which items, conditions, provisions, or events are connected by the conjunction "and," "or," or "either…or," the conjunction shall be interpreted as follows:

    (1)

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

    (2)

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

    (3)

    The term "either…or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

    County. The term "county" means Monroe County, Michigan.

    Delegation of authority. A provision that authorizes or requires a township officer or township employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

    Gender. Words of one gender include the other genders.

    Health department and department of public health. The terms "health department" and "department of public health" mean the county health department.

    Health officer. The term "health officer" means the director of the county health department.

    Highway. The term "highway" includes any street, alley, highway, avenue, or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway, dedicated or devoted to public use.

    Includes and including. The terms "includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and the use of the terms does not create a presumption that components not expressed are excluded.

    Joint authority. A grant of authority to three or more persons as a public body confers the authority on a majority of the number of members as fixed by statute or ordinance.

    May. The term "may" is to be construed as being permissive and not mandatory.

    May not. The term "may not" states a prohibition.

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

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

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

    Number. The singular includes the plural and the plural includes the singular.

    Oath, affirmation, sworn, affirmed. The term "oath" includes an affirmation in all cases where an affirmation may be substituted for an oath. In similar cases, the term "sworn" includes the term "affirmed."

    Officers, departments, etc. References to officers, departments, board, commissions, or employees are to township officers, township departments, township boards, township commissions, and township employees.

    Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or part of such property. With respect to special assessments, however, the owner shall be considered to be the person whose name appears on the assessment roll for the purpose of giving notice and billing.

    Person. The term "person" means any individual, partnership, corporation, association, club, joint venture, estate, trust, limited liability company, governmental unit, and any other group or combination acting as a unit, and the individuals constituting such group or unit.

    Personal property. The term "personal property" means any property other than real property.

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

    Premises. The term "premises," as applied to real property, includes land and structures.

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

    Public acts. References to public acts are references to the Public Acts of Michigan. (For example, a reference to Public Act No. 279 of 1909 is a reference to Act No. 279 of the Public Acts of Michigan of 1909.) Any reference to a public act, whether by act number or by short title, is a reference to the act as amended.

    Real property, real estate, land and lands. The terms "real property," "real estate," "land," and "lands" includes lands, tenements and hereditaments.

    Roadway. The term "roadway" means that portion of a street improved, designed or ordinarily used for vehicular traffic.

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

    Sidewalk. The term "sidewalk" means any portion of the street between the curb, or the lateral line of the roadway, and the adjacent property line, intended for the use of pedestrians.

    Signature and subscription. The terms "signature" and "subscription" include a mark when the person cannot write.

    State. The term "state" means the State of Michigan.

    Street. The term "street" means any street, alley, highway, avenue, or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway, dedicated or devoted to public use.

    Swear. The term "swear" includes affirm.

    Tense. The present tense includes the past and future tenses. The future tense includes the present tense.

    Township. The term "township" means the Charter Township of Monroe, Monroe County, Michigan.

    Township board, township board of trustees, board of trustees and board. The terms "township board of trustees," "township board," "board of trustees" and "board" mean the governing body of the Charter Township of Monroe, Monroe County, Michigan.

    Week. The term "week" means seven consecutive days.

    Written. The term "written" includes any representation of words, letters, symbols or figures.

    Year. The term "year" means 12 consecutive months.

State law reference

Definitions and rules of construction applicable to state statutes, MCL 8.3 et seq.