§ 1-2. Definitions and rules of construction.

In the construction of this Code and all ordinances found herein, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the parish council or the context clearly requires otherwise.

Generally. 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 parish council may be fully carried out. 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 another more general provision imposed by the Code or other law, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

C.C. The abbreviation "C.C." refers to the Louisiana Civil Code, as amended.

C.C.P. The abbreviation "C.C.P." refers to the Louisiana Code of Civil Procedure, as amended.

C.Cr.P. The abbreviation "C.Cr.P." refers to the Louisiana Code of Criminal Procedure, as amended.

Ch.C. The abbreviation "Ch.C." refers to the Louisiana Children's Code, as amended.

Code. The term "Code" or "this Code" means The Code of St. Landry Parish, Louisiana, as designated in section 1-1.

Computation of time.

(1)

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 had shall be counted, 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.

(2)

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:

a.

It is expressly excluded;

b.

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

c.

The period is less than seven days.

State Law reference— Similar provisions, C.C.P. art. 5059.

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, except that in appropriate cases the terms "or" and "and" are interchangeable:

(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.

Council, parish council, parish governing body or local governing authority . The term "council," "parish council," "parish governing body," or "local governing authority" means the St. Landry Parish Council.

Day. The term "day" means a calendar day of 24 hours.

Delegation of authority. Whenever a provision appears requiring the head of a department of the parish to do some act or make certain inspections, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section designate otherwise.

Gender. A word importing one gender only shall extend and be applied to other genders and to firms, partnerships, and corporations as well.

Interpretation. In the interpretation and application of any provision of this Code, it 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.

Joint authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers, except when such words are used to grant authority to the mayor and council.

Keeper and proprietor. The terms "keeper" and "proprietor" mean and include persons, firms, associations, corporations, receivers, trustees, personal representatives, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

May. The term "may" shall be construed as being permissive.

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

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

Must. The term "must" shall be construed as being mandatory.

Names of officers, and departments. The name or title of any officer or department shall be read as though the words "of St. Landry Parish" were added thereto.

Nontechnical and technical words. 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.

Number. Words used in the singular include the plural and the plural includes the singular number.

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."

Officers, boards, commissions. Whenever reference is made to officers, boards or commissions by title only, such as "parish council" or "planning commission," such references shall be read as though followed by the words "of St. Landry, Louisiana."

Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

Overlapping provisions. Where any provision of this Code imposes greater restrictions upon the subject matter than any general provisions imposed by this Code, the provision imposing the greater restriction or regulation shall be applicable.

Owner. The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

Parish. The term "the parish" or "this parish" means the Parish of St. Landry, Louisiana.

Person. The term "person" shall extend and be applied to a number of persons and to associations, clubs, societies, firms, partnerships, and bodies politic and corporate, as well as to individuals.

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.

Premises. Whenever the term "premises" is used, it means place or places.

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

Public place. The term "public place" means any park, cemetery, schoolyard or open space adjacent thereto, or any area available and/or accessible to the public, regardless of whether privately or publicly owned.

R.S. The abbreviation "R.S." means the latest edition or supplement of the Louisiana Revised Statutes.

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

Real property. The term "real property" includes lands, tenements and hereditaments.

Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

Seal. The term "seal" means the parish seal.

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

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

Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, but shall not include any unimproved areas between the curbline and improved walkways.

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

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

Street. The term "street" means and includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the unincorporated area of the parish.

Substantial compliance. A substantial compliance with any requirement of this Code or ordinances amendatory of this Code, especially on the part of public officers, shall be deemed and held sufficient; and no proceeding shall be declared void for want of such compliance unless expressly so provided.

Tenant or occupant . The term "tenant" or "occupant," applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.

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

Week. The term "week" means a calendar week of seven days.

Written or in writing . The terms "in writing" and "written" include printing and any other mode of representing words and letters.

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

State law reference

Similar provisions, R.S. 1:3 et seq., 47:2.