§ 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. When a bond is required, an undertaking in writing shall be sufficient.

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

    City. The term "the city" shall mean the City of Mebane in the County of Alamance and County of Orange in the State of North Carolina.

    City limits. The terms "city limits" and "corporate limits" shall mean the legal boundary of the City of Mebane.

    Code. The term "Code" shall mean the Code of Ordinances, City of Mebane, 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; and if the last day is Saturday, Sunday or a legal holiday, that day shall be excluded.

    State Law reference— Computation of time, G.S. 1-593.

    Council. The terms "council" and "city council" shall mean the members of the governing body of the City of Mebane, North Carolina.

    County. The term "county" shall mean the County of Alamance or County of Orange, in the State of North Carolina, except as otherwise provided.

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

    G.S. and General Statutes . The abbreviation "G.S." and the term "General Statutes" shall mean the latest edition of the General Statutes of North Carolina, as amended.

    Governor, the governor. The terms "governor" and "the governor" shall mean the Governor of North Carolina.

    Joint authority. All terms 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.

    Keeper and proprietor. The terms "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

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

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

    Nontechnical and technical terms. Terms and phrases shall be construed according to the common and approved usage of the language, but technical terms 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. Terms 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 terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

    Official time standard. The term "official time standard" means that 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.

    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 Mebane, North Carolina."

    Owner. The term "owner," applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such property.

    Person. The term "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, jointly and severally 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" 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.

    Residence. The term "residence" shall mean the place adopted by a person as his place of habitation and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

    Right-of-way. The term "right-of-way" shall mean the privilege of the immediate use of the roadway.

    Roadway. The term "roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. If a highway includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately but not to all such roadways collectively.

    State Law reference— Roadway defined, G.S. 4.01(38).

    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, subscription. The terms "signature" and "subscription" include a mark when the person cannot write.

    State. The terms "state" and "this state" shall be construed to mean the State of North Carolina, except as otherwise provided.

    Street. The term "street" shall mean and include any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge, and the approaches thereto within the city, and shall mean the entire width of the right-of-way between abutting property lines.

    Tenant, occupant. The terms "tenant" and "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. Terms used in the past or present tense include the future as well as the past and present.

    Vehicle. The term "vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used upon fixed rails or tracks; provided, however, that for purposes of this Code, bicycles shall be deemed vehicles and every rider of a bicycle upon a highway shall be subject to the provisions of chapter 34 of this Code applicable to the driver of a vehicle, except those which by their nature can have no application. This term shall not include a device which is designed for and intended to be used as a means of transportation for a person with a mobility impairment, is suitable for use both inside and outside a building and whose maximum speed does not exceed 12 miles per hour when the device is being operated by a person with a mobility impairment.

    State Law reference— Vehicle defined, G.S. 4.01(4).

    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, unless otherwise specified.

State law reference

Similar rules of construction of statutes, G.S. 160A-1.