§ 1-2. Definitions and rules of construction.

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

Generally. When provisions conflict, the specific prevails over the general. All provisions are to be liberally construed so that the intent of the city-parish consolidated council may be effectuated. Words and phrases are to 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 are to be construed according to such meanings. In the interpretation and application of any provisions of this Code, such provisions are to 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 another more general provision imposed by this Code or other law, the provision imposing the greater restriction or regulation controls.

Charter. The term "Charter" means the Lafayette City-Parish Consolidated Government Charter. Such Charter is published in part I of this publication.

City. The term "city" means the City of Lafayette, Louisiana.

City-parish consolidated council, city-parish council. The term "city-parish consolidated council" or "city-parish council" means the Lafayette City-Parish Council established in article II of the Charter.

City-parish consolidated government, city-parish government, LCPG. The term "city-parish consolidated government" or the abbreviation "LCPG" or "city-parish government" means the government for the City of Lafayette, Louisiana, and Lafayette Parish, Louisiana, as formed pursuant to the Charter.

Code. The term "Code" means the Lafayette City-Parish Consolidated Government Code of Ordinances, as designated in section 1-1.

Computation of time. In computing a period of time allowed or prescribed by ordinance, the date of the act, event or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday. A half-holiday is considered as a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:

(1)

It is expressly excluded;

(2)

It would otherwise be the last day of the period; or

(3)

The period is less than seven days.

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 is to be interpreted as follows:

(1)

"And" indicates that all the connected terms, conditions, provisions or events apply.

(2)

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

(3)

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

Delegation of authority. A provision that authorizes or requires an officer of the city-parish consolidated government or employee of the city-parish consolidated government to perform an act or make a decision that authorizes such officer or employee to act or make a decision through subordinates.

Gender. A word importing only one gender extends and applies to other genders and to firms, partnerships and corporations as well.

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

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

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

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

Number. Words in the singular include the plural. Words in the plural include the singular.

Oath. A solemn affirmation is the equivalent to an oath, and a person shall be deemed to have sworn if such person makes such an affirmation.

Officers, departments, etc. References to officers, departments, boards, councils or employees are to officers of the city-parish consolidated government, departments of the city-parish consolidated government, boards of the city-parish consolidated government, councils of the city-parish consolidated government and employees of the city-parish consolidated government.

Parish. The term "parish" means Lafayette Parish, Louisiana.

Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, or any receiver, trustee, assignee, agent or other legal representative of any of the foregoing, or any other legal entity.

Property. The term "property" includes movable and immovable property.

R.S. The abbreviation "R.S." means the Louisiana Revised Statutes of 1950, as amended.

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

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

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

Street. The term "street" includes any street, avenue, boulevard, road, alley, lane, viaduct or other public highway.

Tense. Words used in the past or present tense include the future tense as well as the past tense and present tense.

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

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

(City Code 1965, § 1-2; Parish Code 1977, § 1-2)

State law reference

Interpretation of state statutes, R.S. 1:1 et seq.