§ 1-2. Definitions and rules of construction.  


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  • In the construction of this Code and of all ordinances of the county, the following definitions and rules of construction shall be observed unless inconsistent with the manifest intent of the council or the text clearly requires otherwise:

    Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the county council may be fully carried out. Terms used in this Code, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the state for the same terms.

    In the interpretation and application of any provisions of this Code, they 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 other, more general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

    In the construction of this Code and of all ordinances of the county, all things and places therein referred to shall, unless a contrary intention appears, be construed to mean things and places situated in the county or employed by or appertaining to the county.

    Administrator. Whenever the term "administrator" or "county administrator" is used, it shall be construed to mean the county administrator of Darlington County, South Carolina.

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

    Clerk. The word "clerk" shall mean the clerk of the county council.

    Code. Reference to "this Code" or "the Code" shall mean the "Code of Ordinances, Darlington County, 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 day, and if the last day is a Sunday or a legal holiday, that day shall be excluded.

    Council, county council. The words "council" or "county council" shall mean the county council for Darlington County, South Carolina.

    County. The word "county" shall be construed to mean the County of Darlington in the State of South Carolina.

    County limits. The term "county limits" shall mean the legal boundaries of Darlington County.

    Delegation of authority. Whenever a provision appears requiring the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

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

    Joint authority. All words giving a joint authority to three 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 copartnerships, whether acting by themselves or through a servant, agent or employee.

    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. Words used in the singular shall include the plural and words used in the plural shall include the singular number.

    Oath, swear, sworn. 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."

    Officer, official. Whenever reference is made to any officer or official the reference will be taken to be to such officer or official of Darlington County.

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

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

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

    Personal property. The words "personal property" include 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.

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

    Real property, real estate. The words "real property" and "real estate" shall include lands, tenements and hereditaments.

    Roadway. The word "roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular travel.

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

    Sidewalk. The word "sidewalk" shall mean any portion of a street or road between the curbline, or the lateral lines of the roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.

    Signature, subscription. The words "signature" and "subscription" include a mark when the person cannot write, when such mark is witnessed by a longhand signature.

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

    Statute references. Whenever reference is made to state law or to the state statutes, it shall be construed to refer to the latest edition of the Code of Laws of South Carolina, as amended.

    Street, road. The words "street" and "road" shall include avenues, boulevards, highways, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the county, and shall mean the entire width thereof between opposed 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 county council.

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

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

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