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The catchlines of the several sections, divisions, or ordinances or sections thereof, of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be the titles of such sections, divisions, or ordinances or sections thereof, nor as any part of the section, nor shall they be so deemed when any of such sections, divisions, or ordinances or sections thereof, including the catchlines, are amended or reenacted, unless expressly so provided.
('70 Code, § 1-3)
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:
CITY or THE CITY. The city of Goldsboro, in the County of Wayne, and the State of North Carolina, except as otherwise provided; and when such word or words are used in conjunction with an official's or employee's title they shall refer to the particular official or employee of the city of Goldsboro, North Carolina.
CITY COUNCIL. The City Council of the city of Goldsboro, North Carolina.
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 shall be excluded.
COUNTY. The words THE COUNTY or THIS COUNTY shall mean Wayne County, North Carolina.
INTERPRETATION. In the interpretation and application of any provisions of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
JOINT AUTHORITY. All words 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. Includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a servant, agent or employee.
LAND and REAL ESTATE. Includes rights and easements of an incorporeal nature.
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 “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
OFFICERS, DEPARTMENTS, BOARDS, AND THE LIKE. Whenever reference is made to any officer, department, board, commission or other municipal agent, agency or representative, such reference shall be construed as if followed by the words “of the city of Goldsboro,” except as herein otherwise provided.
OWNER. When applied to buildings or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land.
PERSON. Extends and be applied to firms, societies, partnerships, associations, clubs, organizations, bodies politic and corporate and any other groups acting as a unit, as well as to individuals.
PERSONAL PROPERTY. Includes every species of property, except real property.
PRECEDING, FOLLOWING. Next before and next after, respectively.
PROPERTY. Includes real and personal property.
REAL PROPERTY. Include lands, tenements and hereditaments.
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 the person cannot write.
STATE. The words THE STATE or THIS STATE shall be construed to mean the State of North Carolina.
STATUTE REFERENCES. Whenever reference is made, for example, to G.S. § 160A-79, it shall be construed to refer to the General Statutes of North Carolina, § 160A-79, as amended, or whatever section is cited.
STREET. Includes any dedicated and maintained public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the city.
TENANT, OCCUPANT. When applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.
TENSE. Words used in the past or present tense include the future as well as the past and present.
WRITING, WRITTEN. Includes printing and any other mode of representing words and letters.
YEAR. A calendar year.
('70 Code, § 1-2)
Statutory reference:
Similar rules of statutory construction, G.S. § 12-3
The construction of all ordinances of this municipality shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body 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, such requisition shall be satisfied by the performance of such 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.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the City Council without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.
('70 Code, § 1-5)
Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this municipality exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
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