§ 1-2. Definitions and rules of construction.  


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  • 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 council:

    Clerk. Whenever the term "clerk" is used, means the clerk-treasurer.

    Code. The terms "the Code" and "this Code" means the Code of Ordinances, Town of Hollywood, South Carolina, as designated in section 1-1.

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

    State law reference— Similar provision, S.C. Rule Civ. Proc. 6(a).

    Corporate limits, corporation limits or town limits. Whenever the term "corporate limits," "corporation limits" or "town limits" is used, it means the legal boundary of this town.

    Council. Whenever the term "town council" or "council" is used, the term shall be construed to mean the mayor and council of the Town of Hollywood.

    County. The term "the county" or "this county" means the County of Charleston in the State of South Carolina.

    Delegation of authority. Whenever a provision appears requiring the head of a department to do some act or make certain inspections, it is to be construed to authorize the head of the department or designate, delegate 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 of the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.

    State law reference— Similar provision, S.C. Code 1976, § 36-1-102(5)(b).

    Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements 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 the general provision imposed by this Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving the authority to a majority of the persons or officers.

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

    Mayor. Whenever the term "mayor" is used, it means the mayor of this town.

    Minor. A minor shall be deemed to be a natural person under the age of 18 years, except in ordinances and Code sections relating to the sale, use and possession of alcoholic beverages a minor is any natural person under the age of 21 years.

    State law reference— Similar provision, S.C. Code 1976, § 15-1-320(a); citizen deemed sui juris at age 18 years, S.C. Const. art. XVII, § 14.

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

    Municipality. The term "municipality" shall designate this town.

    Name of officer. Whenever the name of an officer is given, it shall be construed as though the words "of the Town of Hollywood" were added.

    Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; however, technical words and phrases as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

    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.

    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."

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

    Owner. The term "owner," applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, or tenant by the entirety, of the whole or of a part of such building or land.

    Person. The term "person" extends and is applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals and legal entities.

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

    State law reference— Personal property defined, S.C. Code 1976, § 15-1-40.

    Property. The term "property" includes real and personal property.

    State law reference— Similar provision, S.C. Code 1976, § 15-1-50.

    Public place. The term "public place" means any park, cemetery, school yard or open space adjacent thereto.

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

    State law reference— Similar provision, S.C. Code 1976, § 15-1-30.

    Residence. The term "residence" shall be construed to mean the place adopted by a persons 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 the person sleeps shall be deemed his residence.

    Seal. Whenever the term "seal" is used, it means the town or corporate seal.

    Shall/may. The term "shall" is mandatory and the term "may" is permissive.

    Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

    Signatures, subscriptions. The term "signature" or "subscription" includes a mark when the person cannot write.

    State. The term "the state" shall be construed to mean the State of South Carolina.

    Street. The term "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the town.

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

    Time. Words used in the past or present tense include the future as well as the past and present.

    Week. The term "week" shall be construed to mean seven days.

    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.

    Year. The term "year" means a calendar year.