§ 1-2. Definitions and rules of construction.  


Latest version.
  • 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 city council or the context clearly requires otherwise:

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

    Charter. The term "Charter" shall mean and refer to the Charter of the City of Hendersonville as printed in part I of this volume.

    City. The words "the city" or "this city" shall mean the City of Hendersonville in the County of Henderson and the State of North Carolina.

    City council or council. The words "city council" or "council" shall mean and refer to the city council of the City of Hendersonville, North Carolina.

    City limits. The words "city limits" or "corporate limits" shall mean the legal boundary of the City of Hendersonville, North Carolina.

    Code, this Code. The terms "Code" or "this Code" shall mean the Code of Ordinances, City of Hendersonville, North Carolina, as designated in section 1-1.

    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.

    County. The words "the county" or "this county" shall mean the County of Henderson in the State of North Carolina.

    Delegation of authority. Whenever a provision of this Code requires or authorizes an officer or employee of the city 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.

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

    Health officer. The words "health officer" shall mean the health officer of Henderson County, North Carolina.

    Month. The word "month" shall mean a calendar month.

    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.

    Oath. The word "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 the City of Hendersonville, North Carolina."

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

    Owner. The word "owner," when applied to buildings or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land.

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

    Personal property. The words "personal property" shall include every species of property, except real property.

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

    Property. The word "property" shall include real and personal property.

    Real property. The words "real property" shall include lands, tenements and hereditaments.

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

    Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

    Signature or subscription. The words "signature" or "subscription" shall include a mark when a person cannot write.

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

    Statutes references. Whenever reference is made, for example to G.S. 160A-175, it shall be construed to refer to General Statutes of North Carolina, section 160A-175, as amended, or to whatever section is cited.

    Street. The word "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, path, viaduct, bridge or other public place and the approaches thereto within the city when any part thereof is open to the use of the public and established for purposes of vehicular traffic.

    Tenant, occupant. The word "tenant" or "occupant" applied to a building or land shall include any person who occupies the whole or 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.

    Writing or written. The word "writing" or "written" shall include printing and any other mode of representing words and letters.

    Year. The word "year" shall mean a calendar year.

(Code 1971, § 1-2)

State law reference

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