CHAPTER 10:  GENERAL PROVISIONS
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; computing time
   10.13   Ordinances repealed
   10.14   Ordinances unaffected
   10.15   Effective date of ordinances
   10.16   Repeal or modification of ordinances
   10.17   Ordinances which amend or supplement code
   10.18   Section histories; statutory references
 
   10.99   General penalty
Cross-reference:
   Administration, see Title III
   General Offenses, see Title XIII
   Town Standards and Boundaries, see Ch. 11
§ 10.01  TITLE OF CODE.
   This codification of ordinances by and for the Town of Kenly shall be designated as the Code of Kenly, North Carolina, and may be so cited.
§ 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.
§ 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.
§ 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.
§ 10.05  DEFINITIONS.
   (A)   General rule.  Words and phrases shall be taken in their plain, or 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)   Definitions.  For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CHARTER.  The Charter of the Town of Kenly, North Carolina.
      CODE,THIS CODE, or THIS CODE OF ORDINANCES.  This  municipal code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
      COUNTY.  Johnston County and Wilson County, North Carolina.
      GOVERNOR.  The Governor of North Carolina.
      JOINT AUTHORITY.  All words giving a joint authority to 3 or more persons or officers shall be construed as giving the authority to a majority of the persons or officers.
      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 those 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 municipality unless the context clearly requires otherwise.
      OWNER.  Applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety, of the whole or a part of the property.
      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.
      PERSONAL PROPERTY.  Every species of property except real property.
      PRECEDING or FOLLOWING.  Next before or next after, respectively.
      PROPERTY.  Includes real and personal property.
      REAL PROPERTY.  Includes lands, tenements, and hereditaments.
      SHALL.  The act referred to is mandatory.
      SIDEWALK.  Any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.
      SIGNATURE or SUBSCRIPTION.  Includes a mark when the person cannot write.
      STATE.  The State of North Carolina.
      STREET.  Any public way, road, highway, street, avenue, boulevard, parkway, dedicated alley, lane, viaduct, bridge, and the approaches thereto within the town and shall mean the entire width of the right-of-way between abutting property lines.
      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.  When applied to a building or land, shall include any person who occupies the whole or a part of the building or land, whether alone or with others.
      TOWN.  The Town of Kenly, North Carolina.
      TOWN COUNCIL.  The governing body of the Town of Kenly, North Carolina.
      WRITTEN.  Any representation of words, letters, or figures, whether by printing or otherwise.
      YEAR.  A calendar year, unless otherwise expressed.
§ 10.06  RULES OF INTERPRETATION.
   The construction of all ordinances of this town shall be by the following rules, unless the 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, 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.
§ 10.07  SEVERABILITY.
   If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
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