In the construction of this code and of all other ordinances and resolutions of the City Council, the following definitions and rules of construction shall be observed, unless it shall be expressly provided otherwise by any section, ordinance or resolution, unless inconsistent with the manifest intent of the City Council or unless the context clearly requires otherwise.
AUTHORITY OF OFFICERS. Whenever authority is conferred on or an act is required to be performed by a city officer, such authority may be exercised or performed, at the instance of such officer, by a deputy, agent or subordinate, unless such authority cannot lawfully be deputed.
CITY. The City of Kingwood, West Virginia.
CITY CODE; THIS CODE. The Code of the City of Kingwood, West Virginia, as amended and currently in effect.
CITY COUNCIL; THE COUNCIL. The Council of the City of Kingwood, West Virginia.
COMPUTATION OF TIME; REASONABLE TIME. The time within which an act is to be done shall be computed by excluding the first day and including the last; or, if the last day be Sunday or a holiday, it shall also be excluded; but this provision shall not be deemed to change any rule of law applicable to bills of exchange or negotiable instruments; provided, that if time is expressed in hours, the whole of any Sunday or holiday shall be excluded, unless the clear intent of the Council is to the contrary. In all cases where provision is made for an act to be done or notice to be given within a REASONABLE TIME, it shall be construed to mean only such time as may be necessary, under the circumstances then and there existing, for the prompt performance of such act or the giving of such notice.
COUNTY. The County of Preston, West Virginia.
GENDER. A word importing the masculine gender only may be construed to include the feminine and neuter as well as the masculine.
GENERAL RULE. All general provisions, terms, phrases and expressions shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out. Words and phrases shall be taken in their usual sense, but technical words having a peculiar and appropriate meaning in law shall be understood according to their technical import.
JOINT AUTHORITY. All words giving a JOINT AUTHORITY to three or more persons or officers shall be construed as giving such JOINT AUTHORITY to a majority of such persons or officers, and not to any lesser number.
MONTH and YEAR. The word MONTH shall mean a calendar month; the word YEAR shall mean a calendar year; the word YEAR alone shall be equivalent to the expression YEAR OF OUR LORD.
MUNICIPALITY. The City of Kingwood, West Virginia.
NUMBER. A word importing the singular number only may be applied to several persons or things, as well as to one person or thing; a word importing the plural number only may be applied to one person or thing as well as to several.
OATH; SWORN. A solemn affirmation shall be the equivalent to an oath in all cases, unless otherwise expressly provided, and the word OATH shall be deemed to include an affirmation and the word SWEAR or SWORN to be complied with if the person referred to makes solemn affirmation.
OFFICERS, DEPARTMENTS AND THE LIKE. Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the City of Kingwood, unless the content clearly indicates otherwise.
OWNER. As applied to any property, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such property.
PERSON. A corporation, firm, partnership, association, society, club or any other group acting as a unit, as well as an individual, unless restricted within the context.
PERSONAL PROPERTY. Goods, chattels, real and personal, money, credits, investments and the evidence thereof.
PRECEDING; FOLLOWING. Next before and next after, respectively.
PREMISES. When used as applicable to real property, shall include land and buildings.
PROPERTY. Real, personal and mixed property.
REAL PROPERTY; REAL ESTATE; LAND; LANDS. Lands, buildings, tenements and hereditaments and all rights thereto and interests therein, except chattel interests.
SHALL; MAY. The word SHALL is mandatory; the word MAY is permissive.
SIDEWALK. The portion of a street between the curb line or, where there is no curb, the lateral lines of a roadway and the adjacent property line, intended for the use of pedestrians. If there is no public area between the lateral lines of the roadway and the abutting property line, then that area immediately abutting the street line shall be considered SIDEWALK AREA.
SIGNATURE or SUBSCRIPTION BY MARK. A mark made by a signer or subscriber who cannot write, such signer’s or subscriber’s name being written near the mark by a witness who shall write his or her own name near the signer’s or subscriber’s name.
STATE. The State of West Virginia.
STATE CODE REFERENCES. References to the West Virginia Code shall be to the Official Code of West Virginia, 1931, as amended and currently in effect.
STREET. Alley, avenue, boulevard, highway, road, lane, viaduct, bridge and approaches thereto, and all other public thoroughfares in the city, and the entire width thereof between abutting property lines; also a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the intent of the City Council.
TENANT or OCCUPANT. Applied to a building or land, any person holding a written or oral lease to or who occupies the whole or part of such building or land, either alone or with others.
TENSES. The present tense includes the past and future tenses; the future includes the present.
WRITING. Includes any form of recorded message comprehensible by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code or other ordinance or resolution of the city, it shall be made in writing in the English language, unless it is expressly provided otherwise.
Statutory reference:
Acts by agent or deputy, see W. Va. Code § 2-2-5
Computation of time, see W. Va. Code § 2-2-3
Construction of statutes, see W. Va. Code §§ 2-2-10, 2-2-10(a), 2-2-10(b), 2-2-10(d)
Corresponding state law relating to construction of statutes, see W. Va. Code § 2-2-10(c)
Definition of “personal property” relating to construction of statutes, see W. Va. Code § 2-2-10(q)
Definition of “property” relating to the construction of statutes, see W. Va. Code § 2-2-10(r)
Definition of “real property” relating to the construction of statutes, see W. Va. Code § 2-2-10(p)
Definition of “writing” relating to the construction of statutes, see W. Va. Code § 2-2-10(c)
Definitions of “person” relating to the construction of statutes, see W. Va. Code § 2-2-10(I)
Definitions of words and phrases in the Municipal Code of West Virginia, see W. Va. Code §§ 8-1-1, 8-1-2
Month; year; fiscal year, see W. Va. Code § 2-2-4
Oath; sworn, see W. Va. Code § 2-2-7