§ 1-2. Rules of construction.  


Latest version.
  • In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

    City. The words "the city," "this city," "the municipality" or "this municipality" shall mean the City of Newberry, South Carolina.

    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; provided, however, that if the last day of the period so computed is a Saturday, a Sunday or a legal holiday, such day shall be excluded and the time period shall run until the end of the next day which is not a Saturday, a Sunday or a legal holiday.

    State Law reference— Computation of time, S.C. Code 1976, § 15-1-20.

    Council, city council, governing body. Whenever the terms "council," "city council" or "governing body" are used, they shall be construed to mean the city council of the City of Newberry.

    County. The words "the county" or "this county" shall mean the County of Newberry, South Carolina.

    Delegation of authority. Whenever a provision appears in this Code requiring the head of a department or other officer of the city to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer to designate, designate 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 one gender shall include the other genders.

    Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than another more general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    In the city. The words "in the city" shall mean and include any territory, jurisdiction of which, for the exercise of its regulatory power, has been conferred on the city by public or local law.

    Joint authority. All words giving 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.

    Keeper, proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.

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

    Minor. All references to minors in this Code shall be deemed to mean persons under the age of eighteen (18) years, unless specified otherwise in laws relating to the sale of alcoholic beverages.

    Name of official, board, etc. Whenever reference is made to an official, board, commission, department, etc., by title only, it shall be construed as though the words "of the City of Newberry" were added.

    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. A word importing the singular number only may extend and be applied to several persons and things as well as to one 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 such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

    Or, and. "Or" may be read "and," and "and" may be read "or" if 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 firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, as well as to individuals.

    Personal property. The term "personal property" shall include every species of property except real property, as herein described.

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

    Premises. Whenever the word "premises" is used it shall mean place or places.

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

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

    State Law reference— Similar provisions, S.C. Code 1976, § 15-1-30.

    Shall; may. The word "shall" is mandatory; "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, excluding parkways.

    Signature, subscription. The "signature" or "subscription" of a person shall include a mark when the person cannot write.

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

    Statute references. Whenever reference is made, for example, to S.C. Code 1976, § 44-1-160, it shall be construed to refer to the Code of Laws of South Carolina 1976, section 44-1-160, as amended, or whatever section is to be cited. Whenever reference is made, for example, to Acts 1944, p. 1301, it shall be construed to refer to page 1301 of the Acts of South Carolina 1944, or whatever page and year is to be cited.

    Street. The word "street" shall include avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city, and shall mean the entire width thereof between opposed abutting property lines; it shall be construed to include a sidewalk, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the council.

    Tenant, occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.

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

    Week. The word "week" shall be construed to mean seven (7) days.

    Written, 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" shall mean a calendar year.