§ 1-2. Definitions and rules of construction.  


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  • 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 unless the context clearly requires otherwise:

    Computation of time. In computing any period of time prescribed or allowed by this Code, including rules respecting publication of notices, the day of the act, event, default, or publication after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday. When the period of time prescribed or allowed in less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.

    County. The term "the county" or "this county" means the County of Dare, in the State of North Carolina, except as otherwise provided.

    Delegation of authority. Whenever a provision of this Code requires or authorizes an officer or employee of the town 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 specifically provide otherwise.

    Fee. The term "fee" means an amount charged in accordance with the regularly adopted fee schedule of the town.

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

    Joint authority. All words 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.

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

    Number. Words used in the singular include the plural, and words used in the plural include 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 like cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

    Officers, departments, boards, etc. Whenever reference is made to any officer, department, board, commission or other agent, agency or representatives, such reference shall be construed as if followed by the words "of the Town of Southern Shores."

    Owner. The term "owner," 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 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 as defined in this section.

    Preceding and 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 land, tenements, and hereditaments.

    Shall or may. The term "shall" is mandatory; the term "may" is permissive.

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

    State. The term "the state" or "this state" means the State of North Carolina.

    Statute references. The abbreviation "G.S." refers to the General Statutes of North Carolina, as amended.

    Street or highway. The term "street" or "highway" means the entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The term "highway" or "street" or a combination of the two terms shall be used synonymously.

    Tenant or occupant. The term "tenant" or "occupant," applied to a building or land, includes any person who occupies the whole 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 present.

    Time standard. Whenever certain hours are named, they shall mean standard time or daylight saving time as may be in current use in this town.

    Town. The term "the town" or "this town" means the Town of Southern Shores in Dare County, North Carolina.

    Town council or council. The term "town council" or "council" means the town council of the Town of Southern Shores.

    Town manager. The term "town manager" means the appointed town manager of the Town of Southern Shores or his designee.

    Writing and written. The terms "writing" and "written" include printing, engraving, lithographing, and any other mode of representing words and letters.

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

(Code 1988, § 1-2; Ord. No. 04-07-02, art. IX, 8-3-2004)

State law reference

Construction of statutes, G.S. 12-3; computation of time, G.S. 1-593, 1A-1, Rule 6(a) and 159-2; citation of General Statutes, G.S. 164-1.