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10.13 Ordinances repealed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
(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.
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.
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