How to Read and Apply City Laws

In the construction of ordinances, resolutions having the effect of law, or rules having the effect of law, the following rules shall be observed, unless it shall be apparent from the context that a different construction is intended. (a) General rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (b) Construction of ambiguous words. Where the words are ambiguous: (1) The meaning of the ambiguous words may be sought by examining the context, with which the ambiguous words, phrases, and sentences may be compared, to ascertain their true meaning; (2) The reason and spirit of the ordinance, resolution, and rules and the cause which induced enactment or adoption may be considered to discover its true meaning; and (3) Every construction that leads to an absurdity shall be rejected. (c) Ordinances in pari materia. Ordinances in pari materia, or upon the same subject matter, shall be construed with reference to each other. What is clear in one ordinance may be called in aid to explain what is doubtful in another. (d) Number and gender. Words in the masculine gender signify both the masculine and feminine gender, those in the singular or plural number signify both the singular and plural number, and words importing adults include youths or children. (e) Tenses. Every word used in the present tense shall include the future. (f) Acts by subordinate officer. When any provision herein requires an act to be done, which may by law as well be done by a subordinate officer as by the superior officer, such requirement shall be construed to include all such acts when done by an authorized subordinate officer. (g) Ordinance, resolution, or rules not retrospective. No ordinance, resolution, or rule has any retrospective operation, unless otherwise expressed or obviously intended. (h) Persons and property subject to ordinance, resolution, or rules. The ordinances, resolutions, and rules are obligatory upon all persons and property within the jurisdiction of the city. (i) Prohibitory ordinance—effect. Whatever is done in contravention of a prohibitory ordinance is void, although the nullity be not formally directed. (j) References apply to amendments. Whenever reference is made to any portion of the Revised Ordinances of Honolulu or of any other law of the city or State, the reference applies to all amendments thereto. (k) References inclusive. Whenever reference is made to a series of sections in the Revised Ordinances of Honolulu by citing only the numbers of the first and last sections connected by the word “to,” the reference includes both the first and last sections. (l) Citations of ordinance or resolution included in supplements. Any act of the council may be cited in any subsequent enactment of ordinances or in any other proceeding by reference to the chapter or section numbers as set forth in the supplement published pursuant to Charter § 3-205. (m) Service of notice by mail. Wherever an ordinance provides for the giving of notice or service of legal process by registered mail, the sending of such notice or service of such legal process may be made by means of certified mail, return receipt requested and deliver to addressee only. (n) Computation of time. The time, in which any act is to be done, is computed by excluding the first day and including the last, unless the last day is a Sunday or holiday and then it is also excluded. When so provided by the rules of court, the last day also shall be excluded if it is a Saturday. (o) Acts to be done on holidays. Whenever any act of a secular nature other than a work of necessity or mercy is appointed by law or contract to be performed upon a particular day, that day falls upon a Saturday, Sunday, or holiday, the act may be performed upon the next business day with the same effect as if it had been performed upon the appointed day. )