§ 1-3. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the town council or the context clearly requires otherwise:

    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.

    State Law reference— Computation of time, G.S. 1-593.

    County. The word "county" shall mean Wake County, North Carolina, except as otherwise provided.

    Gender. Words importing one gender shall include the other gender.

    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.

    Month. The word "month" shall mean a calendar month.

    Number. Words used in the singular include the plural and the plural includes the singular.

    Oath. The word "oath" shall 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" shall be equivalent to the words "affirm" and "affirmed."

    Officer, official. Reference to an officer or official by title shall include all duly authorized subordinates and agents except where otherwise provided.

    Owner. The word "owner," applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such property.

    Person. The word "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

    Personal property. The term "personal property" includes every species of property except real property, as herein defined.

    Preceding; following. The words "preceding" and "following" shall mean next before and next after, respectively.

    Property. The word "property" shall include real and personal property.

    Real property. The term "real property" includes lands, tenements and hereditaments.

    Shall; may. The word "shall" is mandatory, and the word "may" is permissive.

    Sidewalk. The word "sidewalk" shall mean any portion of a street, between the curbline and the adjacent property line intended for the use of pedestrians.

    Signature or subscription. The word "signature" or the word "subscription" includes a mark when the person cannot write.

    State. The word "state" shall be construed to mean the State of North Carolina, except as otherwise provided.

    Street. The word "street" shall mean and include 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; occupant. The word "tenant" or the word "occupant" applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.

    Tense. Words used in the past or present tense include the future as well as the past and present.

    Town; municipality. The word "town" and the word "municipality" shall mean the Town of Apex, Wake County, North Carolina.

    Town council; council. The terms "town council" and "council" shall mean the town council of the Town of Apex, Wake County, North Carolina.

    Writing. The words "writing" and "written" shall include printing and any other mode of representing words and letters.

    Year. The word "year" shall mean a calendar year.

(Code 1973, § 1-2)

State law reference

Definitions and rules for construction of statutes, G.S. 12-3; definitions and rules of statutory construction relating to municipalities, G.S. 160A-1.