§ 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, Charter ordinances, resolutions and Charter resolutions unless the context requires otherwise:

    Generally. Provisions shall be liberally construed to effect the purposes expressed therein or implied for the expressions thereof. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the board of commissioners 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. Provisions shall be interpreted to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted.

    City or city service district. The term "city" or "city service district" means the City of Kansas City, Kansas as it existed on September 30, 1997.

    Code. The term "Code" means the Unified Government Code, as designated in section 1-1.

    Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday. The term "legal holiday" includes any day designated as a holiday by the unified government board of commissioners or, for the purpose of computing the time to file an appeal with the district court, any day designated as a holiday by the legislature of the state.

    State Law reference— Similar provisions, K.S.A. 60-206.

    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 when appropriate from the context, the terms "and" and "or" 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.

    County. The term "county" means Wyandotte County, Kansas.

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

    Following. The term "following" means next after.

    Gender. Words of one gender include all other genders.

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

    Includes. The term "includes" does not limit a term to a specified example .

    Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.

    K.S.A. The abbreviation "K.S.A." means the Kansas Statutes Annotated, as amended.

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

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

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

    Must. The term "must" shall 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, board, commissions or employees are to officers, departments, boards, commissions and employees of the unified government.

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

    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, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

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

    Preceding. The term "preceding" means next before.

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

    Public health department. The term "public health department" means the Wyandotte County/Kansas City, Kansas, Public Health Department.

    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 that portion of a street between the curb or the lateral lines of the roadway and the adjacent property line intended for the use of pedestrians.

    Signature or subscription by mark. The terms "signature" and "subscription" include a mark when the signer or subscriber cannot write.

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

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

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

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

    Unified government. The term "unified government" means the consolidated government for Wyandotte County, Kansas and Kansas City, Kansas.

    Unified government board of commissioners, board of county commissioners, commission, governing body, city council, council. The term "board of commissioners," "board of county commissioners," "commission" "governing body," "city council" or "council" means the board of commissioners of the unified government, being the governing body.

    Writing, written. The term "writing" or "written" includes any form of recorded message capable of comprehension by ordinary visual means.

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

(Code 1964, § 1-3; Code 1988, § 1-2; Ord. No. 45013, § 1, 7-8-1965; Ord. No. 64479, § 1, 4-7-1983)