Sec. 1-2. Definitions and rules of construction.
In the interpretation and construction of this Code and of all ordinances of the town, the following definitions and rules of construction shall be observed unless they are inconsistent with the manifest intent of the council or the context clearly requires otherwise:
And, or. "And" may be read "or," and "or" may be read "and" if the sense requires it.
Bond. When a bond is required, an undertaking in writing shall be sufficient.
Charter. The word "Charter" shall mean the Charter of the town, as it now exists or as it
may be amended in the future.
Code. Whenever the term "Code" or "this Code" is referred to, without further qualification, it shall mean the Code of the Town of Smithfield, Virginia, as designated in section 1-1.
Computation of time. When a notice is required to be given or any other act to be done a
certain time before any proceeding, there must be that time, exclusive of the day for such proceeding, but the day on which such notice is given or such act is done may be counted as
part of the time. When a notice is required to be given or any other act to be done within a
certain time after any event, that time shall be allowed in addition to the day on which the event
occurred.
State law references: Similar provisions, Code of Virginia, § 1-13.3.
Council. The term "council" or "town council" shall mean the council of the Town of Smithfield, Virginia.
County. The word "county" shall mean the County of Isle of Wight in the State of
Virginia.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations, as well as to males.
State law references: Similar provisions, Code of Virginia, § 1-13.7.
In the town. The words "in the town" or "within the town" shall mean any territory,
jurisdiction of which, for the exercise of its regulatory power, has been conferred upon the town by public or private law.
Joint authority. Words purporting to give authority to three or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.
State law references: Similar provisions, Code of Virginia, § 1-13.1.
May. The word "may" shall be permissive.
Month. The word "month" shall mean a calendar month.
State law references: Similar provisions, Code of Virginia, § 1-13.13.
Number. A word importing the singular number only may extend and be applied to several persons and things, as well as to one person or thing; and a word importing the plural number only may extend and be applied to one person or thing, as well as to several persons or things.
State law references: Similar provisions, Code of Virginia, § 1-13.15.
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.
State law references: Similar provisions, Code of Virginia, § 1-13.16; when affirmation may be made, Code of Virginia, § 49-9.
Occupant. The word "occupant," applied to a building or land, shall mean any person who holds a written or oral lease of or actually occupies the whole or a part of such building or land, either alone or with others.
Officers, boards, agencies. Whenever reference is made to a particular officer, employee, department, board, commission or other agency, without further qualification, such reference shall be construed as if followed by the words "of the Town of Smithfield, Virginia." A reference to a specific officer shall include that officer's duly authorized deputies and agents.
State law references: Employment of certain deputies and assistants, delegation of powers and duties by certain officers of local government, Code of Virginia, § 15.2-102.
Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the town.
State law references: Standard Eastern time implied in laws, etc., Code of Virginia, § 1-15.
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 a part of such building or land.
Person. The word "person" shall include any individual, firm, business trust, society, institution, corporation, partnership, association, company, business, trust, joint venture or other legal entity.
State law references: "Person" defined, Code of Virginia, § 1-13.19.
Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.
State law references: Similar provisions, Code of Virginia, §§ 1-13.6, 1-13.23.
Section numbers. Whenever reference is made to a section by number only (e.g., "section 1-1"), without further qualification, it shall be construed as referring to that section of this Code.
Shall. The word "shall" shall be mandatory.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.
Signature or subscription. The terms "signature" and "subscription" shall include a mark when a person cannot write.
State code. References to the "Code of Virginia" mean the Code of Virginia, 1950, as amended.
State; commonwealth. The words "state" and "commonwealth" shall be construed as if the words "of Virginia" followed.
Street. The word "street" shall include public avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the town, and shall mean the entire width thereof between abutting property lines. It shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the town council.
State law references: "Highway" defined, Code of Virginia, § 46.2-100.
Swear; sworn. The word "swear" or "sworn" shall be equivalent to the word "affirm" or "affirmed" in all cases in which, by law, an affirmation may be substituted for an oath.
State law references: Similar provisions, Code of Virginia, § 1-13.28; when affirmation may be made, Code of Virginia, § 49-9.
Tense. Words used in the past or present tense include the future, as well as the past and present.
Town. The word "town" shall mean the Town of Smithfield in the State of Virginia.
Writing; writings; in writing. The words "written", “writing”, and "in writing" include any representation of words, letters, symbols, numbers, or figures, whether:
(1) Printed or inscribed on a tangible medium; or
(2) Stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42.
State law references: Similar provisions, Code of Virginia, § 1-13.32.
Year. The word "year" shall be construed to mean a calendar year; and the word "year" alone shall be equivalent to the expression "year of our Lord."
State law references: Similar provisions, Code of Virginia, § 1-13.33.
Other words. The rules of construction given in Code of Virginia, §§ 1-13.1--1-15, shall govern, so far as applicable, the construction of all other words not defined in this section.
(Code 1982, § 1-2)
Cross references: Definitions generally, § 1-2.