The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise.
Generally.
(1) When provisions conflict, the specific shall prevail over the general and the more stringent provision shall always prevail.
(2) All provisions shall be liberally construed so that the intent of the town council can be effectuated.
(3) Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.
(4) Grammatical errors shall not vitiate, and a transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands.
(5) Scrivener's errors shall be ignored.
Charter. The term "Charter" means the Charter of the Town of Cary, North Carolina, as amended.
Code. The term "Code" means the Code of Ordinances, Town of Cary, North Carolina, as designated in section 1-1.
Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.
State law reference(s)--Similar provisions, G.S. 1A-1(rule 6).
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, except that the term "or" may be read "and," and the term "and" may be read "or" if the sense requires it:
(1) "And" indicates that all the connected terms, conditions, provisions or events apply.
(2) "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
(3) "Either or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.
Council or town council. The terms "town council" and "council" mean the town council of the Town of Cary, North Carolina.
County. The term "county" means Wake County, North Carolina or Chatham County, North Carolina, as the case may be.
Delegation of authority. Whenever a power is granted to or a duty is imposed upon a public officer or public employee, the power may be exercised or the duty may be performed by a designated deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance.
Following. The term "following" means next after.
Gender. Words of one gender include words of all other genders.
G.S., titled acts. The abbreviation G.S. refers to the North Carolina General Statutes. Any reference to a state law or state act, whether by act number, location in the North Carolina General Statutes or by short title, is to such law or act, as amended.
Health officer. The term "health officer" means the county health director.
Keeper and proprietor. The terms "keeper" and "proprietor" include persons, acting by themselves or through a servant, agent or employee.
May. The term "may" is to be construed as being permissive.
May not. The term "may not" has a prohibitory effect and states a prohibition.
Month. The word "month" means a calendar month.
Must. The term "must" is to be construed as being mandatory.
Number. The singular includes the plural. The plural includes the singular.
Oath. The term "oath" includes an affirmation in all cases in which by law an affirmation may be substituted for an oath. In such cases the terms "swear" and "sworn" are equivalent to the terms "affirm" and "affirmed."
Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.
Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation or limited liability company, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.
Personal property. The term "personal property" includes every species of property except real property, as herein defined.
Preceding. The term "preceding" means next before.
Premises. The term "premises," as applied to real property, includes land and structures.
Property. The term "property" includes real property, personal property and mixed property.
Real property. The term "real property" includes lands, tenements and hereditaments.
Reasonable time, reasonable notice. In all cases where any provision requires any act to be done in a "reasonable time" or "reasonable notice" to be given to any person, such reasonable time or notice shall mean such time only as may be necessary in the prompt execution of such duty or compliance with such notice.
Shall. The term "shall" is to be construed as being mandatory and not permissive.
Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
Signature or subscription. The word "signature" or "subscription" includes a mark when the signer or subscriber cannot write.
State. The term "state" means the State of North Carolina.
Street. The word "street" includes any street, avenue, boulevard, road, alley, lane, viaduct and any other public highway in the town.
Tenant, occupant. The terms "tenant" and "occupant," applied to a building or land, include any person holding a written or oral lease of or who occupies, the whole or part of such buildings or land, either 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 term "town" means the Town of Cary, North Carolina.
Town officers, employees, boards, committees, commissions, etc. References to officers, employees, boards, committees, and commissions, are to town officers, town employees, town boards, town committees, and town commissions.
Week. The term "week" shall be construed to mean seven days.
Written or in writing. The term "written" or "in writing" include any representation of words, letters or figures, whether by printing or otherwise.
Year. The term "year" means a calendar year.
(Code 1976, §§ 1-2(a)(1--32), 1-3, 1-14; Code 1982, §§ 1-2, 1-3, 1-14)
State law reference(s)--Statutory construction, G.S. ch. 12.