Section
10.01 Short title
10.02 Interpretation
10.03 Application to future ordinances
10.04 Captions
10.05 Definitions
10.06 Rules of construction
10.07 Construction of revised ordinances
10.08 Conflicting provisions
10.09 Severability
10.10 Reference to other sections
10.11 Reference to offices
10.12 Errors and omissions
10.13 Official time
10.14 Ordinances repealed
10.15 Ordinances unaffected
10.16 Ordinances saved
10.17 Effective date of ordinances
10.18 Repeal or modification of ordinance
10.19 Ordinances which amend or supplement code
10.20 Section histories; statutory references
10.21 Violations of rules, regulations and orders
10.22 Liability of corporations and agents for violations
10.98 Ordinance summons
10.99 General penalty
(A) All ordinances of a permanent and general nature of the municipality as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections shall be known and designated as the Folly Beach Code of Ordinances, for which designation “codified ordinances” or “code” may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the code.
(B) All references to codes, titles, chapters and sections are to the components of the code unless otherwise specified. Any component code may be referred to and cited by its name, such as the “traffic code.” Sections may be referred to and cited by the designation “§” followed by the number, such as “§ 10.01.”
For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AND. May be read OR, and OR may be read AND, if the sense requires it.
ANOTHER. When used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property.
CITY. The City of Folly Beach, South Carolina.
CITY COUNCIL or COUNCIL. The legislative authority of the city.
GOVERNOR. The Governor of South Carolina.
KEEPER or PROPRIETOR. Includes all persons, whether acting by themselves or as a servant, agent or employee.
MAY. The act referred to is permissive.
OATH. Includes affirmation and SWEAR includes AFFIRM.
OFFICERS OF CITY and OFFICIALS OF CITY. The officials, boards, commissions and depart- ments of the city.
OWNER. When applied to property, includes any part owner, joint owner or tenant in common of the whole or part of the property.
PERSON. Includes an individual, corporation, business trust, estate trust, partnership and association.
PERSONAL PROPERTY. Includes money, goods, chattels, things in action and evidence of debt.
(S.C. Code § 15-1-40)
PREMISES. As applied to property, includes land and buildings.
PROPERTY. Includes both real and personal property.
(S.C. Code § 15-1-50)
PUBLIC AUTHORITY. Includes boards of education; the city, state or federal government, its officers or an agency thereof; or any duly authorized public official.
PUBLIC PLACE. Includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance or any other place for the sale of merchandise, public accommodation or amusement.
REAL PROPERTY. Includes lands, tenements and hereditaments.
(S.C. Code § 15-1-30)
REGISTERED MAIL. Includes CERTIFIED MAIL, and CERTIFIED MAIL includes REGISTERED MAIL.
ROADWAY. The portion of a street improved, designed or ordinarily used for vehicular travel.
S.C. CODE. The Code of Laws of South Carolina.
SHALL. The act referred to is mandatory.
SIDEWALK. The portion of the street between the curb line, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.
STATE. The State of South Carolina.
STREET. Includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the municipality.
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.
TENANT or OCCUPANT. As applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of the premises, alone or with others.
WEEK. Seven consecutive days.
WHOEVER. Includes all persons, natural and artificial, partners, principals, agents and employees, and all officials, public or private.
WRITTEN or IN WRITING. Includes printing and any representation of words, letters, symbols or figures. When the written signature of any person is required, it shall be in the proper handwriting of the person, or in case he or she is unable to write, his or her proper mark.
YEAR. Twelve consecutive months.
(A) Generally. Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.
(B) Number, gender and tense. As used in the code, unless the context otherwise requires:
(1) The singular includes the plural, and the plural includes the singular.
(2) Words of one gender include the other genders.
(3) Words in the present tense include the future.
(C) Calendar; computation of time.
(1) In computing any period of time prescribed or allowed by the state rules of civil procedure, by order of court or by any applicable statute, the day of the act, event or default after which the designated period of time begins to run is not to be included, unless it is a Saturday, Sunday or a state or federal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a 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 another day and not as a holiday.
(2) In all cases where the law requires any act to be done in a reasonable time or reasonable notice to be given, reasonable time or notice shall mean the time as only may be necessary for the prompt performance of the duty or compliance with the notice.
(D) Authority. When the law requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include acts when done by an authorized agent.
(E) Joint authority. All words purporting to give joint authority to three or more city officers or to other persons shall be construed as giving the authority to a majority of the officers or other persons, unless it is otherwise expressly declared in the law giving the authority or inconsistent with state statute or other provisions.
(F) Exceptions. The rules of construction shall not apply to any law which contains any express provision excluding the construction, or when the subject matter or context of the law may be repugnant thereto.
If the provisions of different codes, chapters or sections of the codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the subject matter taken as a whole.
Loading...