§ 1-2. Rules of construction and definitions.  


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 board of county commissioners or the context clearly requires otherwise.

    Board, board of county commissioners, board of commissioners. The terms "board," "board of county commissioners" and "board of commissioners" shall mean the Board of Commissioners of Carteret County, North Carolina.

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

    Code. The words "the Code" or "this Code" shall mean the Carteret County Code of Ordinances as designated in section 1-1.

    Computation of time. In computing any period of time prescribed or allowed by this Code, by order of court or by any applicable statute, including ordinances, orders or statutes respecting publication of notices, the day of the act, event, default or publication after which the designated period of time begins to run shall not be included. The last day of the period so computed shall 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.

    State Law reference— Computation of time, G.S. 1-593, 1A-1, Rule 6(a).

    County. The words "the county" or "this county" shall mean Carteret County, in the State of North Carolina.

    Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset, and "nighttime" is the period of time between sunset and sunrise.

    Gender. Words importing the masculine, feminine or neuter gender shall include each of the other genders.

    G.S. The designation "G.S." appearing in the text or in the state law references or other notes shall refer to the General Statutes of North Carolina, as amended.

    Keeper, proprietor. The words "keeper" and "proprietor" shall mean person, firm, association, corporation, club and partnership, whether acting by themselves or as a servant, agent or employee.

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

    Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

    Number. Words used in the singular include the plural, and words used in the plural include the singular number.

    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 "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn."

    Officials, boards, commissions, departments. Whenever reference is made to officials, boards, commissions and departments by title only, they shall be deemed to refer to the officials, boards, commissions and departments of Carteret County.

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

    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 words "personal property" shall include every species of property except real property.

    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" shall include lands, tenements and hereditaments.

    Residence. The word "residence" shall mean the place adopted by a person as his place of habitation and to which, whenever he is absent, he 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 residence.

    Right-of-way. Except with respect to vehicle and traffic regulations, the term "right-of-way" shall mean land that is dedicated or otherwise legally established for public use.

    Roadway. The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. If a street includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately but not to all such roadways collectively.

    Shall, may. The word "shall" is mandatory and not merely directory; the word "may" is permissive.

    Sidewalk. The word "sidewalk" shall mean that portion of the street right-of-way which is improved and designated for the use of pedestrians.

    Signature, subscription. The words "signature" and "subscription" shall include a mark where a person cannot write.

    State. The words "the state" or "this state" shall mean the State of North Carolina.

    Street, highway. The word "street" shall mean the entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. The words "highway" and "street" shall be used synonymously.

    Tenant, occupant. The word "tenant" or "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 shall include the future as well as the past and the present.

    Written, in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

    Year. The word "year" shall mean 12 consecutive months.

State law reference

Similar provisions, G.S. 12-3, 20-4.01.