§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the interpretation and construction of this Code the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the council or the context clearly requires otherwise:

    Board, commission, officer, department, etc. Whenever any officer, department, board, commission or other city agency is referred to by title only, such reference shall be construed as if followed by the words "of the City of New Orleans, Louisiana." Whenever, by the provisions of this Code, any officer, department, board, commission or other agency of the city is assigned any duty or empowered to perform any act or duty, reference to such officer, department, board, commission or other agency shall mean and include any authorized representative, if not prohibited by law.

    Charter. Whenever the word "Charter" is used it shall mean and refer to the Home Rule Charter of the City of New Orleans.

    City. The word "city" means the City of New Orleans in the Parish of Orleans, State of Louisiana, except as otherwise provided.

    City council. The words "city council" or "council" shall mean the city council of the City of New Orleans, Louisiana.

    Code. The word "Code" shall mean and refer to the "Code of the City of New Orleans, 1995."

    Computation of time. The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or a legal holiday, and then it shall also be excluded. If the day succeeding such Sunday or holiday is also a holiday or a Sunday, then such succeeding day shall also be excluded.

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

    Council. The words "council" or "city council" shall mean the city council of the City of New Orleans, Louisiana.

    Gender. The masculine pronoun shall include the feminine and the neuter.

    State Law reference— Similar provisions, R.S. 1:8.

    In the city. The words "in the city" or "within the city" mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

    Joint authority. Words purporting to give a joint authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or persons.

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

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

    State Law reference— Similar provisions, R.S. 1:7.

    Oath. The word "oath" shall be deemed to include an affirmation and the word "sworn" shall be construed to include the word "affirmed."

    Occupant; tenant. The words "occupant" and "tenant," applied to a building or land, mean any person who holds a written or oral lease of or actually occupies the whole or part of such building or land, either alone or with others.

    Or; and. The word "or" is used in the disjunctive and does not mean and/or. But "or" may be read "and" and "and" may be read "or" if the sense requires it.

    Owner. The word "owner" applied to a building or land shall include any part owner, joint owner, tenant in common, tenant in partnership or joint tenant of the whole or a part of such building or land.

    Parish. The word "parish" means the Parish of Orleans in the State of Louisiana.

    Person. The word "person" means any individual, partnership, corporation, joint stock association or any city or state or any subdivision thereof; and includes any trustee, receiver, assignee or personal representative thereof.

    State Law reference— Similar provisions, R.S. 1:10.

    Personal property. The term "personal property" includes every species of property except real property as defined by this section.

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

    Property. The word "property" shall include real and personal property.

    R.S. Whenever the abbreviation "R.S." is used, it shall refer to the latest edition or supplement of the Louisiana Revised Statutes.

    Real property. The words "real property" include lands, tenements and hereditaments and embraces all chattels real.

    Sidewalk. The word "sidewalk" means that portion of a street between the curblines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.

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

    Street. The word "street" means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city.

    Tense. Words in the present tense include the future.

    Written; in writing. The words "written" and "in writing" may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person or, in case he is unable to write, by his proper mark.

    Year. The word "year" means a calendar year unless otherwise expressed.

(Code 1956, § 1-2)