CHAPTER 10: RULES OF CONSTRUCTION; GENERAL PENALTY
Section
   10.01   Title of code
   10.02   Interpretation
   10.03   Application to future ordinances
   10.04   Captions
   10.05   Definitions
   10.06   Rules of interpretation
   10.07   Severability
   10.08   Reference to other sections
   10.09   Reference to offices
   10.10   Errors and omissions
   10.11   Official time
   10.12   Reasonable time
   10.13   Ordinances repealed
   10.14   Ordinances unaffected
   10.15   Effective date of ordinances
   10.16   Repeal or modification of ordinance
   10.17   Ordinances which amend or supplement code
   10.18   Section histories; statutory references
   10.19   Amendments to code
   10.20   County seal
   10.99   General penalty
§ 10.01 TITLE OF CODE.
   This codification of ordinances by and for Dare County shall be designated as the Code of Dare County and may be so cited.
(Prior Code, § 10.01)
§ 10.02 INTERPRETATION.
   Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.
(Prior Code, § 10.02)
§ 10.03 APPLICATION TO FUTURE ORDINANCES.
   All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
(Prior Code, § 10.03)
§ 10.04 CAPTIONS.
   Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
(Prior Code, § 10.04)
§ 10.05 DEFINITIONS.
   (A)   Words and phrases shall be taken in their plain, ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
   (B)   For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BOARD OF COMMISSIONERS or BOARD. The Board of Commissioners of Dare County, North Carolina.
      CODE, THIS CODE or THIS CODE OF ORDINANCES. This County Code as modified by amendment, revision and adoption of new titles, chapters or sections.
      COUNTY. Dare County, North Carolina.
      MAY. The act referred to is permissive.
      MONTH. A calendar month.
      OATH. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.
      OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of this county unless the context clearly requires otherwise.
      PERSON. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms PERSON or WHOEVER, as applied to any unincorporated entity, shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.
      PRECEDING or FOLLOWING. Next before or next after, respectively.
      SHALL. The act referred to is mandatory.
      SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.
      STATE. The State of North Carolina.
      SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.
      VIOLATION. Failure to perform or comply with the provisions of a County code, rule or regulation.
      WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.
      YEAR. A calendar year, unless otherwise expressed; equivalent to the words YEAR OF OUR LORD.
(Prior Code, § 10.05)
Statutory reference:
   Similar statutory definitions, see G.S. § 12-3
§ 10.06 RULES OF INTERPRETATION.
   The construction of all ordinances of this county shall be by the following rules, unless the construction is plainly repugnant to the intent of the Board of Commissioners or of the context of the same ordinance:
   (A)   AND or OR. Either conjunction shall include the other as if written “and/or,” if the sense requires it.
   (B)   Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.
   (C)   Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
   (D)   General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
(Prior Code, § 10.06)
Statutory reference:
   Similar statutory rules of construction, see G.S. § 12-3
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