§ 1-2. Definitions and rules of construction

In the construction of this Code and of all other ordinances and resolutions of the town, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section, ordinance or resolution, or unless inconsistent with the manifest intent of the town council, or unless the context clearly requires otherwise:

General rule. All general provisions, terms, phrases and expressions shall be liberally constructed in order that the true intent and meaning of the town council may be fully carried out. Words and phrases shall be taken in their plain, or ordinary and usual, sense, but technical words having a peculiar and appropriate meaning in law shall be understood according to their technical import.

Code. The term "the Code" or "this Code" means the Code of the Town of Gauley Bridge, West Virginia.

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; and if the last day is Sunday or a legal holiday, that shall be excluded.

(Code 1979, § 1-2)

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For state law as to computation of time, see W. Va. Code, § 2-2-3.

Council; town council. The terms "the council" and "the town council" mean the town council of the Town of Gauley Bridge, West Virginia.

County. The terms "the county" and "this county" mean the County of Fayette, West Virginia.

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

Similar state law relating to construction of statutes, see W. Va. Code, § 2-2-10(a).

Land, real estate. The terms "land" and "real estate" include rights and easements of an incorporeal nature.

Corresponding state law relating to construction of statutes, see W. Va. Code, § 2-2-10(p).

May. The term "may" is permissive rather than mandatory.

Mayor. The term "mayor" includes any person lawfully exercising the mayor's authority.

Month. The term "month" means a calendar month.

Similar state law relating to construction of statutes, see W. Va. Code, § 2-2-4.

Number. A term importing the singular number only may extend and be applied to several persons or things as well as to one person or thing; a term importing the plural number only may extend and be applied to one person or thing, as well as to several persons or things.

Similar state law relating to construction of statutes, W. Va. Code, § 2-2-10(a).

Oath. The term "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 terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

For state law as to affirmation being the equivalent of oath, W. Va. Code, § 2-2-7.

Officers, departments, etc. References to officers, departments, boards, commissions or employees are to town officers, departments, boards, commissions and employees.

Official time standard. Whenever certain hours are named in this Code or other ordinance, they shall mean standard time or daylight saving time, whichever may be in current use in the town.

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

Owner. The term "owner," applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such property.

Person. The term "person" shall include a corporation, body politic, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

Corresponding state law relating to construction of statutes, see W. Va. Code, § 2-2-10(i).

Personal property. The term "personal property" includes every species of property except real property, as herein defined.

Corresponding state law relating to construction of statutes, W. Va. Code, § 2-2-10(q).

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

Similar state law relating to construction of statutes, W. Va. Code, § 2-2-10(d).

Property. The term "property" includes real, personal and mixed property, estates and interests.

For corresponding state law relating to construction of statutes, W. Va. Code, § 2-2-10(r).

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

For similar state law relating to construction of statutes, W. Va. Code, § 2-2-10(p).

Shall. The term "shall" is mandatory.

Sidewalk. The term "sidewalk" means that 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 term "signature" or "subscription" includes a mark when the person cannot write.

State law as to construction of "signature" when used in statutes, see W. Va. Code, § 2-2-10(c).

State. The term "the state" or "this state" means the State of West Virginia.

Statute references. References to the Code of West Virginia shall mean the official Code of West Virginia, as currently amended and as it may be amended hereafter.

Street. The term "street" includes 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.

Tenant or occupant. The term "tenant" or "occupant," applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.

Tense. Terms used in the past or present tense include the future as well as the past and present.

Town. The terms "the town" and "this town" mean the Town of Gauley Bridge, West Virginia.

W. Va. Code. The term "W. Va. Code" means the Code of West Virginia, 1931, as amended.

Written, in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Similar state law relating to construction of statutes, W. Va. Code, § 2-2-10(c).

Year. The term "year" means a calendar year, and the word "year" alone shall be equivalent to the expression "year of our Lord."

For corresponding state law relating to construction of statutes, see W. Va. Code, § 2-2-4.

For state law as to rules for construction of statutes, see W. Va. Code, § 2-2-10; as to definitions of words and phrases in the Municipal Code of West Virginia, see W. Va. Code, § 8-1-1.