§ 1-2. Definitions and rules of construction.  


Latest version.
  • (a)

    In the interpretation and construction of this Code and of all ordinances of the county, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the board of supervisors or the context clearly requires otherwise:

    Board of supervisors and board. Whenever the terms "board of supervisors" and "board" are used, they shall be construed to mean the board of supervisors of New Kent County.

    Code and this code. Whenever the terms "Code" and "this Code" are referred to without further qualification, it shall mean parts I and II of the Code of the County of New Kent, Virginia, as designated in section 1-1.

    Code of Virginia. The term "Code of Virginia," shall mean the Code of Virginia of 1950, as now or hereafter amended.

    Commonwealth and state. The terms "the commonwealth," "this commonwealth," "the state" and "this state" shall mean the Commonwealth of 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 Saturday, Sunday or a legal holiday, that day shall be excluded.

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

    County and this county. The terms "the county" and "this county" shall mean the County of New Kent, in the Commonwealth of Virginia.

    Following. The term "following," when used by way of reference to any section or sections in the Code, shall be construed to mean next following that in which such reference is made.

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

    Gender. A word importing the masculine gender only may extend and be applied to females and to corporations as well as to males.

    State Law reference— Similar provisions, Code of Virginia, § 1-13.7.

    Month. Unless otherwise expressed, the term "month" shall be construed to 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.

    Occupant. The term "occupant," applied to a building or land, shall mean any person who holds a written or oral lease of or actually occupies the whole or a part of such building or land, either alone or with others.

    Officers and agencies. Whenever a reference is made to a particular officer, employee, department, board, commission or other agency, such reference shall be construed as if followed by the words "of the County of New Kent, Virginia."

    Official time standard. Whenever particular hours are specified in this Code relating to the time within which any act shall or shall not be performed by any person, the time applicable shall be official Standard Time or Daylight Saving Time, whichever may be in current use in the county.

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

    Part. Whenever the term "part I," "part II" or "this part" is referred to without further qualification, it shall mean part I or part II, as the case may be, of this Code.

    Person. The term "person" shall include any individual, firm, institution, public or private corporation, partnership, organization, association, company, business, trust, joint venture or other legal entity, or combination of individuals.

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

    Preceding. The term "preceding," when used by way of reference to any section or sections in this Code, shall be construed to mean next preceding that in which such reference is made.

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

    Property. The term "property" shall mean real, personal or mixed property.

    Public grounds. The term "public grounds" shall mean the parks and all public lands owned by the county, and those parts of public places which do not form traveled parts of streets as defined in this section.

    Road and highway. The terms "road" and "highway" shall have the same meaning as the term "street" as such term is defined in this section.

    Shall, may. The term "shall" shall be mandatory; the term "may" shall be permissive.

    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.

    State. See Commonwealth.

    Street. The term "street" shall mean 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 county, 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 "highways" by an ordinance adopted by the board of supervisors.

    State Law reference— Similar provisions, Code of Virginia, § 46.2-100.

    Swear and sworn. The terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "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.

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

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

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

    Year. Unless otherwise expressed, 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.

    (b)

    All words, terms, etc., not defined in this section or elsewhere in this Code shall be construed as provided in the Code of Virginia.

    (Code 1999, § 1-2)

    State Law reference— Rules of construction of state statutes, Code of Virginia, § 1-13 et seq.

(Code 1999, § 1-2)

State law reference

Rules of construction of state statutes, Code of Virginia, § 1-13 et seq.