§ 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 board of commissioners or the context clearly requires otherwise or a different definition or rule of construction is required by the state statute:

    Board of commissioners. The terms "board of commissioners," "town board" and "board" shall mean the Board of Commissioners of the Town of Mint Hill, North Carolina.

    Charter. Whenever the term "Charter" or "the Charter" is used, it shall mean the Charter of the Town of Mint Hill, North Carolina, as printed in part I of this volume.

    Code. The term "Code" shall mean and refer to the Code of Ordinances, Town of Mint Hill, North Carolina, as designated in section 1-1.

    Computation of time. In computing any period of time prescribed or allowed by the provisions of this Code, including rules or orders 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.

    County. The term "the county" or "this county" shall mean Mecklenburg County, North Carolina.

    Gender. Words importing the masculine gender shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

    Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    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.

    Land. The terms "land" and "real estate" include rights and easements of an incorporeal nature.

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

    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 Town of Mint Hill."

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

    Owner. The term "owner," when 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 extend and be applied to firms, societies, partnerships, associations, clubs, fraternities, sororities, organizations, bodies politic and corporate, and any other groups acting as a unit, as well as to individuals.

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

    Plural, singular. Words importing the singular number only may extend and be applied to several persons and things as well as to one person or thing, and words importing the plural may include the singular.

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

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

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

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

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

    Statute references. The term "G.S." shall refer to the General Statutes of North Carolina, as amended.

    Street and highway. The terms "street" and "highway" shall mean the entire width between property 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.

    Tenant, occupant. The terms "tenant" and "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 present.

    Town. The terms "this town" and "the town" shall mean the Town of Mint Hill, in the County of Mecklenburg, and the State of North Carolina.

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

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

(Code 1983, § 1-2)

State law reference

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