§ 10.02 INTERPRETATION.

   All words, matters and phrases contained in this code shall, except as herein otherwise provided, be interpreted in the manner provided by the laws of the State of North Carolina for the interpretation of like words, matters and phrases occurring therein, and as far as applicable the provisions contained in the state laws for the construction of the provisions thereof, shall apply to the provisions of this code.

(1985 Code, § 10.02)

§ 10.03 CAPTIONS.

   The captions of the several sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of the sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of the sections, including the captions, are amended or re-enacted.

(1985 Code, § 10.03)

§ 10.04 DEFINITIONS.

   For the purpose of this code the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BOARD OF COMMISSIONERS. The governing body of the town.

   BOND. When a BOND is required, an undertaking in writing shall be sufficient.

   COUNTY. The COUNTY of Wake, in the State of North Carolina, except as otherwise provided.

   IN THE TOWN. Any territory jurisdiction of which the exercise of its regulatory power has been conferred on the town by public or private law.

   MONTH. A calendar MONTH.

   OATH. Includes 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.”

   OFFICIAL TIME STANDARDS. 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.

   OWNER. Applied to a building or land, includes any part OWNER, joint OWNER, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of the building or land.

   PERSON. 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, as herein defined.

   PRECEDING, FOLLOWING. Next before and next after, respectively.

   PROPERTY. Includes real and personal property.

   REAL PROPERTY. Includes lands, tenements and hereditaments.

   SIDEWALK. Any portion of a street, between the curb line 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, except as otherwise provided.

   STREET. Any public way, road, highway, street, avenue, boulevard, parkway, 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.

   TENANT or OCCUPANT. Applied to a building or land, includes any person who occupies the whole or a part of the building or land, whether alone or with others.

   TOWN. The Town of Zebulon, in the County of Wake and the State of North Carolina, except as otherwise provided.

   WRITING or WRITTEN. Includes printing, and any other mode of representing words and letters.

   YEAR. A calendar year, unless otherwise stated.

(1985 Code, § 10.04)

§ 10.05 RULES OF CONSTRUCTION.

   In the construction of the ordinances of the town, the following rules shall be observed unless this construction would be inconsistent with the manifest intent of the ordinance.

   (A)   And. May be read “or,” and “or” may be read “and,” if the sense requires it.

   (B)   Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day is Saturday, Sunday or a legal holiday, that shall be excluded.

   (C)   Gender. Words importing the masculine gender shall include the feminine and neuter.

   (D)   Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving that authority to a majority of the persons or officers, unless it shall be otherwise expressly declared in the law giving the authority.

   (E)   Singular and plural. Words used in the singular include the plural and the plural includes the singular number.

   (F)   Tenses. Words used in the past or present tense include the future as well as the past and present.

(1985 Code, § 10.05)

Statutory reference:

   Rules of statutory construction, see G.S. § 12-3

§ 10.06 SEVERABILITY.

   (A)   It is hereby declared to be the intention of the Board of Commissioners that the sections, divisions, sentences, clauses and phrases of this code are severable.

   (B)   If any phrase, clause, sentence, division or section of this code is declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, divisions and sections of this code, since the same would have been enacted by the Board of Commissioners without the incorporation in this code of any like unconstitutional or invalid phrase, clause, sentence, division or section.

(1985 Code, § 10.06)

§ 10.07 PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING ORDINANCES.

   The provisions appearing in this code, so far as they are the same as those of the ordinances included herein, shall be considered as continuations thereof and not as new enactments.

(1985 Code, § 10.07)

§ 10.08 REFERENCE TO OTHER SECTIONS.

   Whenever in one section reference is made to another section hereof, the reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is changed or materially altered by the amendment or revision.

(1985 Code, § 10.08)