[Adopted as Ch. 1, § 1-2, of the 1990 Code; amended 10-6-2008 by Ord. No. 161]
In the construction of this Code, and of all ordinances, the
rules and definitions set out in this article shall be observed, unless
such construction would be inconsistent with the manifest intent of
the City Council. The rules of construction and definitions set out
herein shall not be applied to any section of this Code which shall
contain any express provision excluding such construction, or where
the subject matter or context of such section may be repugnant thereto.
A.
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 City Council may be fully carried out.
B.
In the interpretation and application of any provisions of this Code,
they 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 the Code imposes greater restrictions
upon the subject matter than the general provision imposed by the
Code, the provision imposing the greater restriction or regulation
shall be deemed to be controlling.
As used in the Code, the following terms shall have the meanings
indicated:
The Charter of the City of Augusta, Maine, as printed in
Part I of this volume.
The City of Augusta, Maine.
The City Council of the City of Augusta, Maine.
The Revised Ordinances of the City of Augusta, Maine, as designated in Article I of this chapter.
A section of the highway where structures are nearer than
200 feet apart for a distance of 1/4 mile.
Whenever a notice is required to be given or an act to be
done a certain length of time before any proceeding shall be had,
the day on which such notice is given, or such act is done, shall
not be counted in computing the time, but the day on which such proceeding
is to be held shall be counted.
The legal boundaries of the City of Augusta, Maine.
The County of Kennebec in the State of Maine.
Whenever a provision appears requiring the head of a department
or some other City officer to do some act or perform some duty, it
is to be construed to authorize the head of the department or other
officer to designate, delegate and authorize subordinates to perform
the required act or perform the duty unless the terms of the provision
or section specify otherwise.
Words of the masculine gender may include the feminine.
Words giving authority to three or more persons authorize
a majority to act, when the enactment does not otherwise determine.
Is permissive.
The Mayor of the City.
A calendar month.
The latest edition of the Maine Revised Statutes Annotated.
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.
Words of the singular number may include the plural; and
words of the plural number may include the singular.
Includes an affirmation, when affirmation is allowed. Affirmation
is allowed when a person required to be sworn is conscientiously scrupulous
of taking an oath.
Whenever reference is made to officials, boards, commissions
by title only, i.e., "City Council," "City Clerk," "the Mayor," "City
Manager," etc., it shall be deemed to refer to the officials, boards
and commissions of the City of Augusta.
"Or" may be read "and," and "and" may be read "or" if the
sense requires it.
The Overseer of the Poor shall be the Director of Health
and Welfare.
As applied to a building or land, shall include any part
owner, joint owner, tenant in common, joint tenant of the whole or
of a part of such building or land.
Shall extend and be applied to associations, societies, clubs,
firms, partnerships, bodies politic, foreign and domestic corporations
as well as to individuals.
Includes every species of property except real property,
as herein described.
Next before and next after, respectively.
Includes real and personal property.
A way over which the general public has a right to pass.
Includes lands, tenements and hereditaments.
Is mandatory.
Any portion of a street between the curbline and the adjacent
property line, intended for the use of pedestrians, excluding parkways.
Includes a mark when the person cannot write.
The State of Maine.
Shall be construed to embrace streets, avenues, boulevards,
roads, alleys, lanes, viaducts and all other public ways in the City,
and shall include all areas thereof embraced between the property
lines and dedicated to the public use.
The Director of City Services.
The City Engineer.
The Superintendent of Burying Grounds shall be the Superintendent
of Buildings and Grounds.
As 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 buildings or land, either alone or with others.
Words used in the past or present tense include the future
as well as the past and present.
Shall be construed to include any representation of words,
letters or figures, whether by printing or otherwise.
A calendar year, unless otherwise expressed.
