§ 1-2. Rules of construction and definitions.  


Latest version.
  • In the construction of this Code of Ordinances and of all other ordinances, the following rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context of the Code or ordinance:

    Charter. The word "Charter" shall mean the Charter of the City of Westfield as printed in Part I of this volume.

    City. The word "city" shall mean the City of Westfield, in the County of Hampden, and the Commonwealth of Massachusetts.

    City council. The words "city council" or "council" shall mean the duly elected city council of the City of Westfield.

    Code. The word "Code" or "this Code" shall mean the Code of Ordinances, City of Westfield, Massachusetts.

    Commonwealth. The word "commonwealth" shall mean the Commonwealth of Massachusetts.

    Computation of time. The time in which an act is to be done shall be computed by excluding the first and including the last day, and if the last day is Sunday or a legal holiday, that shall be excluded.

    County. The words "county" or "this county" shall mean the County of Hampden, Commonwealth of Massachusetts.

    Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

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

    Liability for offenses. When anything is prohibited in this Code or any other city ordinance, not only the person actually doing the prohibited thing, but also the employer and any person concerned therein, shall be liable for the prescribed penalty.

    Month. The word "month" shall mean a calendar month.

    Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

    Oath. The word "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 words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

    Officers, boards, departments, etc. Whenever any officer, board, department or other agency is referred to by title, such reference shall be construed as if followed by the words "of the City of Westfield, Massachusetts," unless indicated to the contrary.

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

    Ordinance. The word "ordinance" shall be construed to include bylaws of the City of Westfield.

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

    Person. The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.

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

    Signature. If the written signature of a person is required, it shall always be his own handwriting, or if he is unable to write, his mark.

    Statute references. Whenever reference is made to M.G.L.A. c. _____, § _____, this shall mean the latest edition of the Massachusetts General Laws Annotated, as amended.

    Street. The word "street" shall be construed to include public ways, streets, avenues, boulevards, roads, alleys, lanes, courts, viaducts, public squares, sidewalks and all other public highways in the city.

    Tenant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.

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

    Way. The word "way" shall mean any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers.

    Writing. The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

    Year. The word "year" shall mean the calendar year.

(Code 1971, § 1-4)