In the construction of this code and all other ordinances, the following definitions shall be observed, unless the context clearly requires otherwise.
AND, OR. The term “and” may be read as “or” and the term “or” may be read as “and” where the sense requires it.
BOND. When a bond is required, an undertaking in writing shall be sufficient.
BUSINESS DISTRICT. The territory contiguous to, and including, a street when 50% or more of the frontage thereon for a distance of 300 feet or more is occupied by buildings in use for business.
CLERK. The Municipal Clerk. However, the title may be used interchangeably with the term “Clerk”, “Town Clerk” or, if one person holds both positions, the term “Clerk/Treasurer”.
COMPUTATION OF TIME. The time within which an act is to be done and is computed by excluding the first day and including the last, and if the last day is a Sunday or legal holiday, that shall be excluded.
CORPORATE LIMITS. The legal boundary of the Town of Kershaw, South Carolina.
COUNCIL, MAYOR and COUNCIL or TOWN COUNCIL. The Mayor and Council of the Town of Kershaw, South Carolina, as defined in S.C. Code § 5-11-20.
COUNTY. The County of Lancaster.
COURT. The Municipal Court of the Town of Kershaw.
DAY. A period of 24 hours.
DELEGATION OF AUTHORITY. Whenever a provision or section of this code appears requiring the head of a department to do some act or make certain inspections, it shall be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act or make the required inspection, unless the terms of the provision or section expressly designate otherwise.
DHEC. The South Carolina Department of Health and Environmental Control.
DOMESTIC ANIMAL. Any of the various animals, such as a horse or sheep, domesticated so as to live and breed in a tame condition.
EMERGENCY VEHICLE. Any vehicle of the Fire Department, Police Department and ambulances and emergency vehicles of public service corporations as are designated or authorized by the South Carolina Department of Transportation (SCDOT) or by the Town Council.
GENDER. See § 1-6 of this chapter.
INTERPRETATION. In the interpretation and application of any provision of this code, shall be held to the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this code imposes greater restrictions upon the subject matter than the general provision imposed by this code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
JUNK. Old iron, glass, paper or other waste that may be used in some form again. The term JUNK also includes secondhand, or worn or discarded articles, clutter, something of poor quality or of little meaning, worth or significance, including abandoned automobile parts or abandoned vehicles.
JUNKYARD. A yard or area used to store sometimes resalable junk.
KEEPER and PROPRIETOR. Include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
LIVESTOCK. Animals kept or raised for use or pleasure, especially farm animals kept for use and profit.
MAY. The act referred to shall be permissive.
MONTH. A calendar month, unless defined otherwise.
MUNICIPALITY. May be used interchangeably with the term TOWN. The term MUNICIPALITY means the entire area within the corporate limits of the Town of Kershaw, South Carolina.
NAME OF MAYOR AND COUNCIL OR OTHER OFFICER. Construed as though the words “of the Town of Kershaw, South Carolina” were added.
NON-TECHNICAL AND TECHNICAL WORDS. Terms and phrases shall be construed according to the common and approved usage of the language; but technical terms and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
NUMBER. See § 1-6 of this chapter.
OATH, SWEAR, SWORN. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath and, in such cases, the terms “swear” and “sworn” shall be equivalent to the terms “affirm” and “affirmed”, and vice versa.
OWNER. When applied to a building or land, 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. A corporation, firm, partnership, association, organization and any other group as a unit, as well as an individual.
PERSONAL PROPERTY. Every species of property, except real property, as defined in this section.
PRECEDING, FOLLOWING. The next before and the next after, respectively.
PROPERTY. Includes real and personal property.
PUBLIC PLACE. Any park, cemetery, school yard or open space adjacent thereto, including all other properties owned or controlled by a public authority.
REAL PROPERTY and REAL ESTATE. Lands, tenements and the hereditaments.
RESIDENCE. The place adopted by a person as his or her place of habitation, and to which, whenever he or she is absent, he or she has the intention of returning. When a person eats at one place and sleeps at another, the place where the person sleeps shall be deemed as his or her RESIDENCE.
RESIDENCE DISTRICT. Territory contiguous to and including a street not comprising a business district when the property on such street for a distance of 300 feet or more is in the main improved with dwellings or dwellings and buildings in use with residences.
ROADWAY. The portion of a street improved, designed or ordinarily used for vehicular travel.
S.C. CODE. The 1976 South Carolina Code of Laws, as amended.
SCDOT. The South Carolina Department of Transportation.
SEAL. The corporate seal of the town, as may be adopted by the Council.
SHALL. The act referred to is to be construed as mandatory.
SIDEWALK. Any portion of a street between the curbline, or the lateral lines of a roadway where there is no curb and the adjacent property line intended for the use of pedestrians.
SIGNATURE or SUBSCRIPTION. A “mark”, when a person cannot write.
STATE. The State of South Carolina.
STREET.
(1) Includes streets, avenues, boulevards, highways, roads, alleys, lanes, bridges and all other public thoroughfares and means the entire width thereof between abutting property lines.
(2) The term
STREET also includes a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the Town Council.
TAX COLLECTOR. The Lancaster County Tax Collector.
TENANT or OCCUPANT. When applied to a building or land, includes any person who occupies the whole or part of such building or land, whether alone or with others.
TOWN. All the area lying within the corporate limits of the Town of Kershaw, South Carolina.
TREASURER. The Municipal Treasurer, if appointed separately from the Town Clerk.
WRITING or WRITTEN. Includes printing and any other mode of representing words and letters.
YEAR. A calendar year unless otherwise defined.