(A) Interpretation. In the construction of this code and of all other ordinances and resolutions of the city, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section, ordinance, or resolution, or unless inconsistent with the manifest intent of the Common Council, or unless the context clearly requires otherwise.
(B) General rule. All general provisions, terms, phrases, and expressions shall be liberally construed in order that the true intent and meaning of the Common Council may be fully carried out. Words and phrases shall be taken in their plain, or ordinary and usual sense, but technical words having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(C) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AND; OR. The word “and” shall be construed to include the word “or” when the context makes such construction appropriate, and vice versa.
CHARTER; CITY CHARTER. The Charter of the City of Weston, West Virginia.
CITY. Construed as if followed by the words “of Weston”.
CITY MANAGER or MAYOR. Due to the nature of the manager-mayor plan as defined in W. Va. Code 8-3-2 (Plan V), when the term MAYOR is used in the context of giving the Mayor administrative control of city functions, then Mayor shall mean CITY MANAGER. When the term MAYOR is used in the context of giving the Mayor administrative control of City Council, then MAYOR shall mean MAYOR. When the term MAYOR is used in the context of giving authority to participate in political events, goodwill events, or general civic-related events, as a social/political representative of the city, or other duties given in the 2002 Charter, then the term MAYOR shall mean Mayor.
CODE. The Code of the City of Weston, West Virginia.
COMPUTATION OF TIME. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a Sunday or holiday and then it is also excluded.
COUNCIL; COMMON COUNCIL; CITY COUNCIL. The Common Council of the City of Weston, West Virginia.
COUNTY. The County of Lewis, West Virginia.
DAY. The period of time between any midnight and the midnight following.
DAYTIME. The period of time between sunrise and sunset.
FINANCE MANAGER. When the term “Treasurer”, “City Treasurer” or similar titles are used concerning the handling of city finances, those terms shall mean FINANCE MANAGER, unless clear language contradicts such definition.
GENDER. The masculine gender includes the feminine and neuter.
IN THE CITY. Include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
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.
MAY. Is permissive.
MONTH. A calendar month.
NIGHTTIME. The period of time between sunset and sunrise.
NUMBER. The singular number includes the plural, and the plural the singular.
OATH. Includes an 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 Weston, unless the context clearly indicates otherwise.
OFFICIAL TIME. Whenever certain hours are named in this code, they shall mean Eastern Standard Time or Daylight Saving Time, as may be in current use in the city.
OWNER. Applied to any property, shall include 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. Extend and be applied to firms, partnerships, associations, bodies politic and corporate, or any other group acting as a unit, as well as to individuals.
PERSONAL PROPERTY. Includes every species of property, except real and mixed property.
PRECEDING, FOLLOWING. Next before and next after, respectively.
PROPERTY. Include real, personal, and mixed property.
REAL PROPERTY. Include lands, tenements, and hereditaments.
SHALL. Is mandatory.
SIDEWALK. The portion of a street between the curb line, or the lateral lines of a roadway where there is no curb, 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 construed as SIDEWALK area.
SIGNATURE OR SUBSCRIPTION BY MARK. Includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his or her own name near the signer’s or subscriber’s name.
STATE. The State of West Virginia.
STATUTE REFERENCES. References to the Code of West Virginia shall mean the official Code of West Virginia, 1931, as currently amended and as it may be amended in the future.
STREET. Include alleys, avenues, boulevards, highways, roads, lanes, viaducts, bridges and the approaches thereto, and all other public thoroughfares in the city, and shall mean the entire width thereof between abutting property lines; and it shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the intent of the Common Council.
TENANT or OCCUPANT. Applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.
TENSES. The present tense includes the past and future tenses, and the future includes the present.
WEEK. A week consists of seven consecutive days.
WRITING. Includes any form of recorded message capable of comprehension 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.
YEAR. A calendar year, except where otherwise provided.
(Prior Code, § 1-2)
Statutory reference:
As to computation of time, see W. Va. Code 2-2-3
Relating to construction of statutes, see W. Va. Code 2-2-4, 2-2-10, 2-2-10(a), and 2-2-10(c)