(a) Rules of construction. Words and phrases are to be construed according to the context and the approved usage of the language; technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law are to be construed according to such meaning.
(1) Computation of time. In computing any period of time prescribed or allowed by this code or by order of court, the day of the act, event, default or publication after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation. A half holiday shall be considered as other days and not as a holiday.
(2) Delegation of authority. Whenever a provision appears requiring the head of a department of the town to do some act or make certain inspections, it is to 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 designate otherwise.
(3) Gender. Words importing the masculine gender include the feminine and neuter.
(4) Interpretation. This code contains 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 other more general provisions of this code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
(5) 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.
(6) Number. Words used in the singular include the plural and the plural includes the singular number.
(7) Officers, employees, boards, and the like. The title of any officer, employee, board, commission and the like, used herein shall be construed as if the words “of the Town of North Topsail Beach” followed it.
(8) Statute references. Whenever reference is made, for example, to G.S. § 160A-272, it shall be construed to refer to General Statutes of North Carolina, § 160A-272, as amended, or to whatever section is cited.
(9) Tense. Words used in the past or present tense include the future as well as the past and present.
(10) Title of office. The title of any office is to be construed to include the words “of the Town of North Topsail Beach, North Carolina.”
(11) Bond. When a bond is required, an undertaking in writing shall be sufficient.
(b) Defined terms. 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 North Topsail Beach, North Carolina.
COUNTY. Onslow County, North Carolina.
GOVERNOR. The Governor of North Carolina.
KEEPER, PROPRIETOR. Includes any person, firm, association, corporation, club and partnership, whether acting by himself or herself or by a servant, agent or employee.
MAY. Is to be construed as being permissive and not mandatory.
MAY NOT. Has a prohibitory effect.
MONTH. A calendar month.
MUST. Is to be construed as being mandatory and not permissive.
OATH. Is to be construed to include 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” are equivalent to the words “affirm” and “affirmed.”
OFFICIAL TIME STANDARD. The term means that whenever certain hours are named in this code, they shall mean standard time or daylight saving time as may be in current use in this town.
OR, AND. OR may be read AND if the sense requires it. AND may be read OR if the sense requires it.
OWNER. As applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, the holder of the title in fee simple and every mortgage of record of the whole or part of such building or land.
PERSON. Includes a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.
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. Includes lands, tenements and 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 such person sleeps shall be deemed his or her RESIDENCE.
SHALL. Is to be construed as being 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, alley, lane, path, viaduct, bridge or other public place and the approaches thereto within the town when any part thereof is open to use of the public and established for purposes of vehicular traffic.
TENANT, OCCUPANT. As 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. The Town of North Topsail Beach, North Carolina.
WRITING, WRITTEN. Includes printing and any other mode of representing words and letters.
YEAR. A calendar year unless otherwise specified.
Statutory reference:
Computation of time, see G.S. § 1-593