§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the interpretation and construction of this Code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the council or the context clearly requires otherwise or it is otherwise provided.

    Bond. When a bond is required, an undertaking in writing shall be sufficient.

    City; corporation. The words "city," "the city" or "this city" shall mean the City of Georgetown in the County of Georgetown, State of South Carolina. Whenever the words "the city," "this city," "the corporation" or "this corporation" are used, they shall be construed as if the words "of Georgetown, South Carolina" followed them.

    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, a Sunday, or a legal holiday.

    State Law reference— Similar provisions, S.C. Code 1976, § 15-1-20.

    Corporate limits, corporation limits. Whenever the words "corporate limits," "corporation limits" or "city limits" are used, they shall mean the legal boundary of the City of Georgetown.

    Council. The words "council," "the council" or "this council" shall mean the city council of the City of Georgetown, South Carolina.

    County. The words "county," "the county" or "this county" shall mean the County of Georgetown, the State of South Carolina.

    Delegation of authority. Whenever a provision appears in this Code requiring or authorizing the head of a department or other officer of the city to do some act or perform some duty, it shall be construed to authorize such department head or other officer to designate, delegate and authorize subordinates to do the required act or perform the required duty unless the terms of the provision specifically designate otherwise.

    Gender. Words importing the masculine gender shall include the feminine and neuter.

    State Law reference— Similar provisions, S.C. Code 1976, § 2-7-30.

    In the city. The words "in the city" shall mean and include any territory, jurisdiction of which for the exercise of its regulatory power has been conferred on the city by public or private law.

    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 another more 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 joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

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

    Minor. The word "minor" shall mean any person under the age of eighteen (18) years, unless otherwise specifically provided.

    State Law reference— "Minor" defined, S.C. Code 1976, § 15-1-320.

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

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

    Number. A word importing the singular only shall extend and be applied to several persons and things, and a word importing the plural only may apply to one person or thing.

    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."

    Officers. Whenever the title of an officer is given it shall be construed as though the words "of the City of Georgetown" were added.

    Official time standard. Whenever particular hours are specified in this Code relating to the time within which any act shall be performed by any person, the time applicable shall be eastern standard time or daylight saving time, whichever may be in current use in the city.

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

    Owner. The word "owner," applied to building or land, 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 building or land.

    Person. The word "person" shall include a corporation, firm, partnership, association, organization or other group acting as a unit, as well as an individual.

    Personal property. Includes every species of property, except real property, as herein defined.

    Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.

    Premises. Whenever the word "premises" is used it shall mean place or places.

    Property. The word "property" shall include real and personal property.

    Public place. The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto, and all beaches, canals, rivers or other waterways.

    Real property. "Real property" shall include lands, tenements and hereditaments.

    State Law reference— Similar provisions, S.C. Code 1976, § 15-1-30.

    Residence. The term "residence" shall be construed to mean 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. The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular travel.

    Seal. Whenever the word "seal" is used it shall mean the city or corporate seal.

    Shall, may. The word "shall" shall be mandatory; "may" is permissive.

    Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line, 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. "Signature" or "subscription" shall include a mark when the person cannot write, his name being written near it.

    State. The words "state" or "this state" shall mean the State of South Carolina.

    Statute references. Whenever reference is made, for example, to section 44-1-160, S.C. Code, it shall be construed to refer to the Code of Laws of South Carolina 1976, section 44-1-160, as amended, or whatever section is to be cited. Whenever reference is made, for example, to Acts 1944, p. 1301, it shall be construed to refer to page 1301 of the Acts of South Carolina 1944, or whatever page and year is to be cited.

    Street. The word "street" shall include avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city and shall mean the entire width thereof between abutting property lines; it shall be construed to include a sidewalk or footpath except as to chapter 16 of the City Code, which shall not include sidewalks within the scope of this definition.

    Tenant, occupant. The words "tenant" or "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 part of such building or land, either alone or with others.

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

    Week. The word "week" shall be construed to mean seven (7) days.

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

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

(Code 1964, § 1-2; Ord. of 1-23-92)