Section
General Provisions
10.01 Short title
10.02 Definitions
10.03 Rules of construction
10.04 Section headings
10.05 Severability
10.06 Repeal, expiration, and revival of ordinances
10.07 Altering code
Use of the Code and Penalties
10.80 Penalties for violations
10.81 Uncorrected violations
10.82 Failure to pay
10.83 Appeals of determination of violation
10.84 Applicable chapters and appendices
10.99 General penalty
GENERAL PROVISIONS
For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"BOND." When a bond is required, an undertaking in writing with approved surety shall be sufficient.
"CITY." The City of Albemarle, in the County of Stanly, and the State of North Carolina, except as otherwise provided.
"CITY COUNCIL" or "COUNCIL." The City Council of Albemarle.
"CITY LIMITS." The legal boundary of the City of Albemarle, North Carolina.
"COUNTY." Stanly County, State of North Carolina.
"KEEPER" or "PROPRIETOR." Includes any person, firm, association, corporation, club, and partnership, whether acting by themselves or as a servant, agent, or employee.
"MONTH." A calendar month.
"OATH." Includes 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," and "COMMISSIONS." Whenever reference is made to "OFFICIALS," "BOARDS", and "COMMISSIONS" by title only, they shall be deemed to refer to the officials, boards, and commissions of the City of Albemarle.
"OR" and "AND." "OR" may be read "AND," and "AND" may be read "OR" if the sense requires it.
"OWNER." When applied to buildings or land, includes any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or part of the building or land.
"PERSON." Includes a corporation, firm, partnership, association, organization, and any other group acting as a unit, as well as an individual.
"PERSONAL PROPERTY." Includes every species of property except real property as defined below.
"PRECEDING" or "FOLLOWING." Next before and next after respectively.
"PROPERTY." Includes real and personal property.
"REAL PROPERTY." Includes lands, tenements, and hereditaments.
"RESIDENCE." 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 the person sleeps shall be deemed his residence.
"RIGHT-OF-WAY." The privilege of the immediate use of the roadway, and includes the use of the entire width of the land between the property lines so dedicated to public use.
"ROADWAY." That portion of a street improved, designed, or ordinarily used for vehicular traffic.
"SIDEWALK. Any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians.
"SIGNATURE" or "SUBSCRIPTION." Includes a mark when a person cannot write.
"STATE." The State of North Carolina.
"STREET." Includes 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" or "OCCUPANT." When applied to a building or land, shall include any person who occupies the whole or part of the building or land, whether alone or with others.
"VEHICLES." Every wagon, hack, coach, carriage, omnibus, pushcart, bicycle, tricycle, motorcycle, automobile, streetcar, sleigh or sled, or other conveyance, except baby carriages or invalid chairs, in whatever manner or by whatever force they may be driven, ridden, or propelled, which is or may be used or adapted for pleasure riding, for the transportation of passengers, baggage, merchandise, or freight on any street, and every draft or riding animal, whether driven, ridden, or led. An animal attached to any vehicle with the vehicle constitute one vehicle.
"WRITING" or "WRITTEN." Includes printing and any other mode of representing words and letters.
"YEAR." A calendar year.
('58 Code, § 1-2)
(A) 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 a Saturday, Sunday, or legal holiday, that shall be excluded.
(B) Gender. Words importing the masculine gender shall include the feminine and neuter.
(C) 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 any others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to that meaning.
(D) Number. Words used in the singular include the plural and the plural includes the singular number.
(E) Plural, singular. Words importing the singular shall include the plural, and words importing the plural shall include the singular.
(F) Statute references. The reference "G.S." shall be construed to refer to the General Statutes of North Carolina.
(G) Time. Words used in the past or present tense include the future as well as the past and the present.
(H) Title of office. The title of any office shall be construed to include the words, "of the City of Albemarle, North Carolina."
('58 Code, § 1-2)
The headings of the several sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of the sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of the sections, including the catchlines, are amended or reenacted.
('58 Code, § 1-3)
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