§ 1-2. Rules of construction and definitions.

In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the board of trustees. The rules of construction and definitions set out in this section shall not be applied to any section of this Code which shall contain any express provision excluding such construction, or where the subject matter of the context of such section may be repugnant thereto.

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 board of trustees may be fully carried out.

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 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.

Board, board of trustees, village board. Whenever the terms "board," "board of trustees" and "village board" are used, it shall be construed to mean the board of trustees of the Village of Cherry Valley.

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 Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this state, and then it shall also be excluded. If the day succeeding such Saturday, Sunday or holiday is also a holiday or a Saturday or Sunday, then such succeeding day shall also be excluded.

State Law reference— Similar provisions, 5 ILCS 70/1.11.

Corporate limits and village limits. The terms "corporate limits" and "village limits" shall mean the legal boundaries of the Village of Cherry Valley.

County. The terms "the county" and "this county" shall mean the County of Winnebago in the State of Illinois.

Delegation of authority. Whenever a provision appears requiring the head of a department or some other village 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 or authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

Gender. A term importing the masculine gender may be applied to females.

State Law reference— Similar provisions, 5 ILCS 70/1.04.

Joint authority. All terms giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

May. The term "may" is permissive.

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

Nontechnical and technical words. Terms and phrases shall be construed according to common and approved usage of the language, but technical terms 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. Terms importing the singular number may extend and be applied to several persons or things, and terms importing the plural may include the singular.

State Law reference— Similar provisions, 5 ILCS 70/1.03.

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 generally. Whenever any officer is referred to by title, such as "village clerk," "chief of police," "president," etc., such reference shall be construed as if followed by the words "of the Village of Cherry Valley."

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

Person. The term "person," as well as all words referring to or importing persons, may extend and be applied to bodies politic and corporate as well as individuals.

State Law reference— Similar provisions, 5 ILCS 70/1.05.

Personal property. The term "personal property" includes every species of property except real property, as described in this section.

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

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

Real property shall include lands, tenements and hereditaments.

Shall. The term "shall" is mandatory.

Sidewalk. The term "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, and excluding parkways.

Signature, subscription. The terms "signature" and "subscription" include a mark when the person cannot write.

State. The terms "the state" and "this state" shall be construed to mean the State of Illinois.

Street. The term "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the village and shall include all areas thereof embraced between the property lines and dedicated to the public use.

Tenant and occupant. The terms "tenant" and "occupant," 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 building or land, either alone or with others.

Tense. Terms in the present tense include the future.

State Law reference— Similar provisions, 5 ILCS 70/1.02.

Village shall mean the Village of Cherry Valley, Illinois.

Wholesale, wholesaler, etc. In all cases where the terms "wholesale," "wholesaler" or "wholesale dealer" are used in this Code, unless otherwise specifically defined, it shall be understood and held to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for purposes of resale, as distinguished from a retail dealer who sells in smaller quantities direct to the consumer.

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

Year. The term "year" shall mean a calendar year.

(Code 1974, § 1-2)