§ 1-2. Definitions and rules of construction.  


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  • In the construction of this Code and of all ordinances and resolutions of the town, the following rules shall be observed, unless otherwise specifically provided or unless such construction would be inconsistent with the manifest intent of the town council:

    Charter. The term "Charter" shall mean the Charter of the town, as it now exists or as it may be amended in the future.

    Code. Whenever the terms "Code" and "this Code" are referred to without further qualification, they shall mean The Code of the Town of Shenandoah, Virginia, as designated in section 1-1.

    Computation of time. Whenever a notice is required to be given, an act to be done or a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

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

    Council; town council. Wherever the terms "the council" and "town council" are used, they shall be construed to mean the council of the Town of Shenandoah.

    State Law reference— "Council" defined, Code of Virginia, §§ 1-13.5, 15.2-102.

    County. Wherever the terms "the county" and "this county" are used, they shall be construed to mean the County of Page in the Commonwealth 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 reference— Similar provisions, Code of Virginia, § 1-13.7.

    Health director. The term "health director" shall mean the health director of the county or any other public health officer having jurisdiction within the town by authority of state law, or his duly authorized representative.

    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 reference— Similar provisions, Code of Virginia, § 1-13.1.

    May; shall. The term "may" is permissive, and the term "shall" is mandatory.

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

    State Law reference— Similar provisions, Code of Virginia, § 1-13.13.

    Number. A word importing the singular number only may extend and be applied to several persons or 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 reference— Similar provisions, Code of Virginia, § 1-13.15.

    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.

    State Law reference— Similar provisions, Code of Virginia, § 1-13.16; when affirmation may be made, Code of Virginia, § 49-9.

    Officers, agencies. Any reference to an officer, employee, department, board, commission or agency shall be construed as if followed by the phrase "of the Town of Shenandoah."

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

    Owner. The term "owner," applied to any property, 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 property.

    Person. The term "person" shall include any individual, corporation, partnership, organization, association, company, limited liability company, business, trust, joint venture or other entity.

    State Law reference— Similar provisions, Code of Virginia, § 1-13.19.

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

    State Law reference— Similar provisions, Code of Virginia, §§ 1-13.6, 1-13.23.

    Sidewalk. The term "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; subscription. The terms "signature" and "subscription" include a mark when a person cannot write.

    State; commonwealth. The terms "the state," "this state," "the commonwealth" and "this commonwealth" shall be construed as if the words "of Virginia" followed.

    State Law reference— "State" defined, Code of Virginia, § 1-13.26.

    Statute citations. All references to the Code of Virginia shall mean the Code of Virginia, 1950, as currently amended at any time.

    Street. The term "street" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the town, including the streets and alleys, and, for law-enforcement purposes, the entire width between the boundary lines of all private roads or private streets which have been specifically designated "streets" by an ordinance adopted by the town council. The term "street" shall include public avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the town; 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.

    Swear; sworn. The terms "swear" and "sworn" shall be equivalent to the term "affirm" or "affirmed" in all cases in which by law an affirmation may be substituted for an oath.

    State Law reference— 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 terms "the town" and "this town" shall mean the Town of Shenandoah, Virginia.

    State Law reference— "Town" defined, Code of Virginia, § 1-13.29; "locality" or "local government" construed to include towns, Code of Virginia, § 15.2-102.

    Written; writing; writings; in writing. The terms "written," "writing," "writings," and "in writing" shall include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Code of Virginia, § 59.1-479 et seq. is or is not affixed.

    State Law reference— Similar provisions, Code of Virginia, § 1-13.32.

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

    State Law reference— Similar provisions, Code of Virginia, § 1-13.33.

    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 1992, § 1-2)

    State Constitution reference— Definitions relating to local government, Va. Const. art. VII, § 1.