§ 1-2. Definitions and rules of construction.

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:

Generally. Words and phrases shall be construed according to the perferred definition of the Merriam Webster Dictionary, and to give this Code its most reasonable application; provided, that 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.

Charter. The term "Charter" shall mean the Charter of the City of Shelby, North Carolina as printed in part I of this volume.

City. The term "the city" or "this city" shall mean the City of Shelby, in the County of Cleveland, in the State of North Carolina.

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 is 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.

Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:

(1)

The term "and" indicates that all the connected terms, conditions, provisions or events apply.

(2)

The term "or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

The term "either…or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

Council. The term "council" or "city council" shall mean the city council of the City of Shelby, North Carolina.

County. The term "the county" or "this county" shall mean the County of Cleveland in the State of North Carolina.

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

Health department and health officer. The term "health department" shall mean the department of health of the county, and the term "health officer" shall mean the director of the department of health of the county.

Highway. See "Street."

May. The term "may" is permissive.

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

Number. Words importing the singular shall include the plural, and words importing the plural shall include the singular.

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 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 municipal agent, agency or representative, such reference shall be construed as if followed by the words "of the City of Shelby."

Owner. The term "owner," applied to a building 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 term "person" shall include a corporation, firm, partnership, association, statutory corporate entity, organization or any other group acting as a unit as well as an individual.

Shall. The term "shall" is mandatory and not merely directory or discretionary.

Sidewalk. The term "sidewalk" shall mean that portion of a street exclusively intended for the use of pedestrians and lying between the curblines or the lateral lines of a roadway and that portion of the adjacent property which is not subject to a public right-of-way or easement.

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

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

Statute references. Whenever reference is made, for example, to G.S. 160A-272, it shall be construed to refer to the General Statutes of North Carolina, section 160A-272, as amended, or whatever section is cited.

Street. The term "street" shall mean the entire width between right-of-way lines of every way or place of whatever nature, when any part 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, shall include 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 in this Code they shall mean standard time or daylight saving time as may be in current use in this city.

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

Year. The term "year" shall mean a calendar year unless otherwise expressed, and the word "year" alone shall be equivalent to the expression "year of our Lord."

(Code 1985, § 1-2)

State law reference

Similar rules of statutory construction, G.S. 12-3; computation of time, G.S. 1-593, 1A-1, Rule 6(a), 159-2; citation of General Statutes, G.S. 164-1.