§ 1-2. Rules of construction, definitions.

In the construction of this Code and of all ordinances of this city, the following rules of construction and definitions shall be observed, unless such construction or definition would be inconsistent with the manifest intent of the city council, be repugnant to the context of the provisions or the context clearly requires otherwise:

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

City. The City of Lynchburg in the Commonwealth of Virginia.

City council. The governing body of the city.

Code. This Code of Ordinances as designated and cited in section 1-1 above.

Commonwealth. The word "commonwealth" shall mean the Commonwealth of Virginia.

Computation of time. ^[1] The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be Sunday or a legal holiday, that day shall be excluded.

Delegation of authority. Whenever a provision appears in this Code requiring an officer of the city to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section expressly 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.

In the city. The words "in the city" or "in this city" mean and include any territory within the corporate limits of this city and the police jurisdiction thereof, and any other territory over which regulatory power has been conferred on the city by general or special act, except as otherwise specified.

Joint authority. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise specifically declared.

Law. Any statute, ordinance or regulation promulgated by the United States, the state, the county, the city or any agencies thereof, as well as the rules and regulations of other bodies politic that may be appropriate.

Misdemeanor. Any offense not punishable by death or confinement in the penitentiary.

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

Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

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."

Official time standard. Whenever certain hours are named in this Code they shall mean standard time or daylight saving time as may be in current use in the city.

Officials, employees, boards, commissions, etc. Whenever reference is made to officials, employees, boards, commissions or other agencies of the city by title only, i.e., "mayor," "clerk," "manager," "chief of police," etc., they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this city.

Or, and. "Or" may be read "and" and "and" may be read "or" if the context of the provision requires it. Owner. The word "owner" shall, when applied to a building or land, 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 include and be applied to a firm, partnership, association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, as well as to an individual.

Personal property. The words "personal property" shall include money, goods, chattels, evidences of debt, things in action, and any other 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, personal and mixed property.

Public place. Any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.

Public way. Any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

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

Reasonable time. In all cases where any section of this Code or city ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.

Residence. 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.

Roadway. That portion of a street improved, designed or ordinarily used for vehicular traffic. Shall, may. The word "shall" is mandatory, and the word "may" is discretionary.

Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line intended for the use of pedestrians.

Signature, subscription. The word "signature" or "subscription" shall include a mark when the person cannot write, when his name is written near such mark and is witnessed by a person who writes his own name as witness.

State. The words "the state" or "this state" shall mean the Commonwealth of Virginia.

Street. The word "street" shall mean and include public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges, public ways and approaches thereto and other public thoroughfares in the city devoted to public use.

Tenant, occupant. The words "tenant" and "occupant," applied to a building or land, shall mean 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 shall include the future as well as the past or present.

Writing, written. The words "writing" and "written" shall include typewriting, printing on paper and any other mode of representing words and letters.

Year. The word "year" shall mean a calendar year.

(Code 1959, § 1-2; Ord. of 9-30-75, § 1)

State Law reference— Rules of construction, Code of Virginia, §§ 1-13—1-13.33.

Footnotes:

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State Law reference— Computation of time, Code of Virginia, § 1-13.3.