§ 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:

Charter means the Charter of the City of Asheville, North Carolina, as printed in part I of this volume.

City means the City of Asheville, in the County of Buncombe and the State of North Carolina.

City council means the city council of the City of Asheville, North Carolina, including six councilmembers and the mayor.

City limits means the legal boundary of the City of Asheville, North Carolina.

Code means the Code of Ordinances, City of Asheville, North Carolina as designated in section 1-1.

Computation of time. In computing any period of time prescribed or allowed by this Code or by order of court, 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 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. Eastern Standard Time shall be the official time except during that period when what is commonly known as "daylight saving time" is in effect, through adoption by the city council or otherwise.

County means the County of Buncombe in the State of North Carolina, except as otherwise provided.

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

Delegation of authority. Whenever a provision appears requiring the head of a department of the city 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 act or make the required inspection, unless the terms of the provision or section designate otherwise.

Gender. Words importing the masculine gender include the feminine and neuter.

Governor means the Governor of North Carolina.

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.

Keeper and proprietor mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or as a servant, agent or employee.

Manual of fees and charges means the official consolidated list compiled and published by the city which contains rates for utility and other public enterprises, fees, deposit amounts and various charges as determined from time to time by the city council, an official copy of which is maintained in the office of the city clerk where it is available for reference and review during normal business hours.

Mayor means the mayor of the City of Asheville.

Month means 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 the plural includes the singular number.

Oath includes 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."

Officers, departments, boards, etc. Whenever reference is made to any officer, department, board, commission or other municipal agent, agency or representative, such reference shall be construed as if followed by the words "of the City of Asheville," except as otherwise provided in this Code.

Or, and. "Or" may be read "and," if the sense requires it. "And" may be read "or," if the sense requires it.

Owner, applied to building or land, includes 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 includes 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 defined in this section.

Preceding, following mean next before and next after, respectively.

Property includes real and personal property.

Real property includes lands, tenements and hereditaments.

Residence means 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 means land that is dedicated or otherwise legally established for public use.

Roadway means that portion of a street improved, designed or ordinarily used for vehicular traffic.

Shall; may. "Shall" is always mandatory and not merely directory; "may" is permissive.

Sidewalk means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

Signature or subscription includes a mark when the person cannot write.

State means the State of North Carolina.

Statute references. Whenever reference is made, for example, to G.S. 160A-77, it shall be construed to refer to the General Statutes of North Carolina, section 160A-77, as amended, or whatever section is cited.

Street means and includes any public way, road, highway, street, avenue, boulevard, parkway, alley, lane, viaduct, bridge and the approaches thereto within the city.

Tenant or occupant, applied to a building or land, includes 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 the present.

Title of office. The title of any office shall be construed to include the words "of the City of Asheville, North Carolina."

Writing, written include printing and any other mode of representing words and letters.

Year means calendar year.

(Code 1965, § 1-2)

State law reference

Similar rules of statutory construction, G.S. 12-3.