§ 1-2. Definitions and rules of construction.  


Latest version.
  • (a)

    In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the town council, or the context clearly requires otherwise:

    Administrator. The term "administrator" shall refer to the chief administrative officer of Weddington, whether designated "administrator," "manager" or some other title.

    Bond. Where a bond is required, an undertaking in writing shall be sufficient.

    Code. The terms "the Code" or "this Code" mean the Code of Ordinances, Town of Weddington, North Carolina.

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

    State Law reference— Similar provisions, G.S. 1-593, 1A-1, 159-2, Rules of Civil Procedure, Rule 6(a).

    Council or town council. The terms "council" or "town council" mean the town council of Weddington, North Carolina.

    County. The terms "the county" or "this county" mean the County of Union in the State of North Carolina.

    Delegation of authority. Whenever a provision of this Code requires or authorizes an officer or employee of the municipality to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the act or duty, unless the terms of the provision shall specifically designate or provide otherwise.

    Fiscal year. The term "fiscal year" shall mean the period between July 1 and June 30.

    Gender. Words importing the masculine gender shall include the feminine and neuter.

    Health officer or director. The term "health officer" or "health director" means the health officer or health director of Union County, North Carolina.

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

    May, shall. The term "may" is permissive; the term "shall" is mandatory.

    Month. The term "month" means a calendar month.

    Municipality. The term "municipality" refers to the Town of Weddington, in the County of Union, North Carolina. "Municipal" shall be construed as referring to "Weddington."

    N.C. Admin. Code, NCAC. These terms refer to the North Carolina Administrative Code.

    Nontechnical and technical words. Words and phrases shall be construed 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 law shall be construed and understood according to such meaning.

    Number. Words used in the singular include the plural, and the plural includes the singular number.

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

    Officials, boards, commissions, etc. Whenever reference is made to officials, boards, commissions, committees and the like, by title only, they shall be construed as if followed by the words "of Weddington, North Carolina."

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

    Owner. The term "owner," when applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

    Person. The term "person" includes a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

    Personal property. The term "personal property" includes every species of property, except real property.

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

    Property. The term "property" includes real and personal property.

    Real property. The term "real property" includes lands, tenements and hereditaments.

    Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

    Signature; subscription. The term "signature" or "subscription" includes a mark when a person cannot write.

    State. The terms "the state" or "this state" mean the State of North Carolina.

    State law references. Whenever reference is made, for example, to G.S. 160A-200, it shall be construed to refer to the General Statutes of North Carolina, section 160A-200, as amended, or to whatever section is cited.

    Street. The term "street" means a dedicated and accepted public right-of-way for vehicular traffic (or a private road when permitted by this Code). The word "street" includes, but is not limited to, "road, freeway, highway, expressway and thoroughfare." The term "street" is further defined in the Town of Weddington Subdivision Ordinance as contained in chapter 46.

    Tenant, occupant. The term "tenant" or "occupant," when applied to a building or land, includes any person who occupies the whole of or a part of such building or land, whether alone or with others.

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

    Town or city. The term "town" or "city" means the municipality of Weddington, North Carolina.

    Town (or city) limits, town limits or corporate limits. The term "town (or city) limits," "town limits" or "corporate limits" means the legal boundary of the town as set out in the Charter of the Town of Weddington.

    Written or in writing. The term "written" or "in writing" includes printing, engraving, lithographing and any other mode of representing words and letters. In all cases where a written signature is required by law, it shall be in a proper handwriting or in a proper mark.

    Year. The term "year" means a calendar year.

    (b)

    Other sections of the Code may contain definitions; the definitions contained within each respective section or chapter will control for the provisions contained therein.

    (c)

    Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this Code as those governing the interpretation of state law.

State law reference

Similar definitions and rules of statutory construction, G.S. 12-3.