§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code and of all other ordinances of the county, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of the board of supervisors or the context clearly requires otherwise:

    Board of supervisors; board. Wherever the words "board of supervisors" or "board" are used, they shall be construed to mean the board of supervisors of the County of Botetourt, Virginia.

    Code. The term "Code" or "this Code," when used without further qualification, shall mean the Code of the County of Botetourt, Virginia, as designated in section 1-1.

    Commonwealth; state. The words "commonwealth" and "state" shall mean the Commonwealth of Virginia.

    Computation of time. Whenever a notice is required to be given or an act to be done 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.

    County. The word "county" shall be construed as if the words "of Botetourt, Virginia," followed it.

    Health officer. The term "health officer" shall mean the legally designated health authority of the state board of health for this county. Such definition shall also apply to the term "health director," "director of public health" or any other term of like import.

    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.

    Joint authority. Words purporting to give authority to three (3) or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.

    May. The word "may" is permissive.

    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.

    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.

    Occupant. The word "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, boards, etc. Whenever reference is made to a particular officer, department, board, commission or other agency, such reference shall be construed as if followed by the words "of the County of Botetourt, Virginia." A reference to a particular officer shall also be construed as if followed by the words "or his duly authorized representative, deputy or assistant," is subject, however, to the provisions of the Code of Virginia, § 15.2-1502.

    Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight saving time, whichever may be in current use in the county.

    Or; and. "Or" may be read as "and" and "and" may be read as "or," if the sense so requires.

    Owner. The word "owner," applied to a 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 extend and be applied to associations, firms, partnerships and bodies politic and corporate, as well as to individuals.

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

    Shall. The word "shall" is mandatory.

    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. The term "signature" or "subscription" includes a mark when a person cannot write.

    State Code. References to the "State Code" or the "Code of Virginia" shall mean the Code of Virginia (1950), as amended.

    Street; highway; road. The words "street", "highway" and "road" shall include streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto, publicly maintained parking lots and all other public ways in the county, and shall mean the entire width thereof between abutting property lines.

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

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

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

    (Code 1977, § 1-2)

    State Law reference— Similar definitions and rules of construction applicable to state law, Code of Virginia, § 1-13.3 et seq.

(Code 1977, § 1-2)

State law reference

Similar definitions and rules of construction applicable to state law, Code of Virginia, § 1-13.3 et seq.