§ 1-2. Definitions and rules of construction.

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 city council or the context clearly requires otherwise:

Agencies, officers. The title designation of all departments, commissions, agencies, officers and employees of the city shall be construed as if the words "of Kannapolis, North Carolina," followed it, except as otherwise provided.

Charter. The word "Charter" means the Charter of the City of Kannapolis.

City. The word "city" means the City of Kannapolis, North Carolina.

Computation of time. In computing any period of time prescribed or allowed by this Code or by order of court, including rules respecting publication of notices, 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 (7) 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— Similar provisions, G.S. § 1-593.

Council, city council. Whenever the words "council," "city council" or "this council" are used, they shall be construed to mean the City Council of the City of Kannapolis, North Carolina.

County, counties. Whenever the words "the county" or "the counties" are used, they shall be construed to mean the County of Cabarrus and/or the County of Rowan, North Carolina.

Delegation of authority. Whenever a provision appears requiring a city officer or employee 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 inspection, unless the terms of the provision or section designate otherwise.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.

G.S. The designation "G.S." appearing in the state law citations shall refer to the General Statutes of North Carolina, as amended.

Highway. The term "highway," when used herein, shall include any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, causeway, and sidewalk lying within the highway right-of-way, in the city, dedicated or devoted to public use.

Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

May. The word "may" is to be construed as being permissive.

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

Must. The term "must" is to be construed as being mandatory.

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. Any word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing.

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

Official time standard. Whenever certain hours are named in this Code, they shall mean Eastern Standard Time or Eastern Daylight Saving Time, whichever may be in current use in the city.

Or; and. The word "or" may be read "and," and the word "and" may be read "or," where the sense requires it.

Owner. The word "owner," applied to a building or land, 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 building or land.

Person. The word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.

Personal property. The words "personal property" include every species of property, except real property as herein defined.

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

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

Public place. The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto.

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

Residence. The word "residence" shall be construed to 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 (1) place and sleeps at another, the place where such person sleeps shall be deemed his residence.

Roadway. The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic.

Shall. The word "shall" is to be construed as being mandatory.

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

Signature or subscription. The words "signature" or "subscription" shall include a mark properly witnessed when a person cannot write.

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

Street. The word "street," when used herein, shall be construed to embrace all streets, avenues, boulevards, roads, alleys, lanes, squares, bridges, viaducts, tunnels, causeways, and sidewalks lying within the street right-of-way, and all other public highways in the city.

Tenant, occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person who occupies the whole or a 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.

Written or in writing. The words "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," except where fiscal year is specifically referred to, shall mean a calendar year.

State law reference

Similar provisions, G.S. § 12-3.