Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill
Introduced by: Councilmembers Dorsey, Burnett, Cohen
A Bill Entitled
An Ordinance concerning
title
City Code - Definitions and Rules of Interpretation
For the purpose of establishing a common set of definitions, rules of interpretation, and methods for time computation for the Baltimore City Code.
body
By adding
Article - General Provisions
Section(s) 1-101 through 1-303, to be under the new title
“Title 1. Definitions and Rules of Interpretation.”
Baltimore City Revised Code
(Edition 2000)
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article - General Provisions
Title 1. Definitions and Rules of Interpretation
Subtitle 1. Definitions
§ 1-101. In general.
Throughout the Baltimore City Code, the following terms have the meanings indicated, except as otherwise expressly provided.
§ 1-102. Adult.
“Adult” means an individual who is 18 years or older.
§ 1-103. City.
“City” means the City of Baltimore.
§ 1-104. City Code; Code.
“City Code” or “Code” means:
(1) the numbered articles of the Baltimore City Code; and
(2) the unnumbered articles of the Revised Code of Baltimore City.
§ 1-105. Includes; Including.
“Includes” or “including” means by way of illustration and not by way of limitation.
§ 1-106. Minor.
“Minor” means an individual under the age of 18.
§ 1-107. Person.
(a) In general.
“Person” means:
(1) an individual;
(2) a receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind; or
(3) a partnership, firm, association, corporation, or other entity of any kind.
(b) Exclusion.
“Person” does not include, except as otherwise expressly provided, a governmental entity or an instrumentality or unit of a governmental entity.
§ 1-108. State.
(a) Lower case.
Except as provided in subsection (b) of this section, “state” means:
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia.
(b) Capitalized.
When capitalized, “State” means Maryland.
§ 1-109. Street.
“Street” means any street, boulevard, road, highway, alley, lane, sidewalk, footway, or other way that is owned by the City or habitually used by the public.
Subtitle 2. Rules of Interpretation
§ 1-201. In general.
Throughout the Baltimore City Code, the following rules of interpretation apply, except as otherwise expressly provided.
§ 1-202. {Reserved}
§ 1-203. Gender.
A reference to one gender includes and applies to the other genders.
§ 1-204. Mandatory, prohibitory, and permissive terms.
(a) Mandatory terms.
“Must” and “shall” are each mandatory terms used to express a requirement or to impose a duty.
(b) Prohibitory terms.
“Must not”, “may not”, and “no ... may” are each mandatory negative terms used to establish a prohibition.
(c) Permissive terms.
“May” is permissive.
§ 1-206. Singular and plural.
The singular includes the plural and the plural includes the singular.
§ 1-207. {Reserved}
§ 1-208. Captions or headings.
The captions or headings of various statutory units:
(1) are for convenience of reference only, intended to summarize the statutory provisions that follow; and
(2) are not law and are not to be taken as affecting the meaning or effect of the law.
§ 1-209. Editor’s or Revisor’s Notes.
Editor’s or Revisor’s Notes accompanying various statutory units, including any accompanying list of defined terms:
(1) are for convenience of reference only, intended to identify the sources of these provisions and highlight changes made to those sources; and
(2) are not law and are not to be taken as affecting the meaning or effect of the law.
§ 1-210. {Reserved}
§ 1-211. Effect of repeal or amendment of statute.
(a) In general.
The repeal, repeal and reenactment, or amendment of a statute does not release, extinguish, or alter a criminal or civil penalty, forfeiture, or liability imposed or incurred under the statute.
(b) Purposes for which statute remains in effect
A repealed, repealed and reenacted, or amended statute remains in effect for the purpose of sustaining any:
(1) criminal or civil action, suit, proceeding, or prosecution for the enforcement of a penalty, forfeiture, or liability; and
(2) judgment, decree, or order that imposes, inflicts, or declares the penalty, forfeiture, or liability.
§ 1-212. References to other laws.
Whenever a provision of this City Code refers to any other part of the Code or to any other law, the reference applies to any subsequent amendment of the law referred to, unless the referring provision expressly provides otherwise.
§ 1-213. {Reserved}
§ 1-214. Severability.
(a) In general.
Except as provided in subsection (b) of this section:
(1) all provisions of this Code are severable; and
(2) if a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstances is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision.
(b) Exceptions.
Subsection (a) of this section does not apply:
(1) to the extent that a statute specifically provides otherwise; or
(2) if the court finds that the remaining provisions alone are incomplete and incapable of being executed in accordance with the legislative intent.
Subtitle 3. Time
§ 1-301. In general.
Throughout the Baltimore City Code, the time shall be calculated in the manner provided by this subtitle, except as otherwise expressly provided.
§ 1-302. Computation of time after an act, event, or default.
(1) In computing any period of time prescribed by this Code, the day of the act, event, or default after which the designated period of time begins to run is not included.
(2) If the period of time allowed is more than 7 days, intermediate Saturdays, Sundays, and legal holidays are counted.
(3) If the period of time allowed is 7 days or less, intermediate Saturdays, Sundays, and legal holidays are not counted.
(4) The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.
§ 1-303. Computation of time before an act, event, or default.
(1) In determining the latest day for performing an act that is required by this Code to be performed a prescribed number of days before a certain day, act, or event, all days preceding that day, including intervening Saturdays, Sundays, and legal holidays, are counted in the number of days so prescribed.
(2) The latest day is included in the determination unless it is a Saturday, Sunday, or legal holiday, in which event the latest day is the first preceding day that is not a Saturday, Sunday, or legal holiday.
Section 2. And be it further ordained, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
Section 3. And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.