§ 1-3. Rules of construction.  


Latest version.
  • (a)

    General. All words and phrases in this Code are used and shall be construed in their plain, ordinary and usual sense, but technical words and phrases and such others as may have acquired a particular, peculiar and appropriate meaning in the law shall be construed and understood according to such particular, peculiar and appropriate meaning.

    (b)

    Other definitions. Certain provisions of this Code contain other definitions than those contained in this chapter, which are applicable particularly but not exclusively to the section or subsection of this Code where they appear. In case of any conflict between the general definitions in this chapter and such other particular definitions, the particular definitions shall prevail where applicable.

    (c)

    Number, gender and tense. Unless the context clearly requires otherwise:

    (1)

    Singular and plural. The use of either singular or plural number includes the other number.

    (2)

    Masculine and feminine. The use of either masculine, feminine or neuter gender includes the other genders.

    (3)

    Past, present and future. The use of either past, present or future tense includes the other tenses.

    (d)

    Shall. The word "shall" whenever used in this Code is mandatory and not merely directory.

    (e)

    References, citations, conflicts. In addition to the rules of construction and definitions specified in this chapter, the following rules shall be observed in the construction of this Code:

    (1)

    References and citations. All general references to, and citations of chapters, articles or sections mean the chapters, articles and sections of this Code, unless otherwise specified.

    (2)

    Inter-chapter conflict. If the provisions of different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions pertaining to the subject matter of such chapter.

    (3)

    Intra-chapter conflict. If conflicting provisions are found in different sections of the same chapter, the provisions which impose the greater restriction shall prevail, unless such construction would be inconsistent with the meaning of such chapter.

    (f)

    Headings. The heading of the sections are intended to indicate the contents of the section and shall not be construed as part of the section.

    (g)

    Computation of time. Where the performance or doing of any act, duty, matter, payment, or thing is ordered or directed, and the period of time or duration for the performance or doing thereof is prescribed and fixed by law, the time shall be computed so as to exclude the first day and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the computation.

    (h)

    Minnesota Rules of Construction. Unless clearly in conflict with the provisions of this Code, or otherwise clearly inapplicable, the rules of construction established for the state by statute or case law shall apply to the construction of this Code.

    (i)

    Revival by repeal. Whenever a provision of this Code is repealed, and that section has repealed a prior provision, such prior provision shall not be revived unless the intent to revive the prior provision is clearly stated therein.

    (j)

    Separability clause. If any part, provision, chapter, section, subsection, paragraph, sentence, clause or phrase of the New Hope Code shall be adjudged invalid, void or no effect, for any reason whatever, such invalidity or suspension shall not affect the validity of any of the remaining portions of any part or provision of the New Hope Code, it being in this enactment that each part, provision, chapter, section, subsection, paragraph, sentence, clause and phrase shall be deemed separable.

(Ord. No. 16-06, § 2, 6-27-2016)