§ 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. The words "city," "the city" and "this city" shall mean the City of Clemson, South Carolina, unless otherwise designated.

    Code. The words "Code" and "this Code" shall mean the Code of Ordinances, City of Clemson, 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, a Sunday, or a legal holiday.

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Similar provisions, S.C. Rules Civ. Proc. 6(a).

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

County. The words "county," "the county" and "this county" shall mean the County of Pickens or the County of Anderson, or both, in the State of South Carolina, unless otherwise designated.

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 one gender shall include the other genders, if the context so admits.

Similar provisions, S.C. Code 1976, § 2-7-30.

Interpretation. In the interpretation and application of any provision of this Code, the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare shall be held to apply unless otherwise stated. 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.

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.

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

Minor. All references to minors shall mean persons under the age of 18 years, except in Code sections and ordinances relating to the sale of alcoholic beverages.

"Minor" defined, S.C. Code 1976, § 15-1-320.

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

Number. A word importing the singular number only shall extend and be applied to several persons and things, and a word importing the plural number 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."

Occupant. The word "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.

Officer. Whenever the title of an officer is given, it shall be construed as though the words "of the City of Clemson" were added, unless otherwise designated.

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 Eastern Daylight Saving Time, whichever may be in current use in the city.

Owner. The word "owner," applied to a building or land, shall include any sole owner, part owner, joint owner, tenant in common, or joint tenant, 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. The words "personal property" shall include every species of property covered by this term under the state commercial code.

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.

Similar provision, S.C. Code 1976, § 15-1-50.

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

Similar provisions, S.C. Code 1976, § 15-1-30.

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; the word "may" is permissive.

Sidewalk. The word "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.

Signature and subscription. The words "signature" and "subscription" shall include a mark when the person cannot write, such person's name being written near it.

State. The words "state" and "this state" shall mean the State of South Carolina, unless otherwise designated.

Statute references. Whenever reference is made to a section of the S.C. Code, it shall be construed to refer to a section of the Code of Laws of South Carolina 1976, as amended, unless otherwise designated.

Street. The word "street" shall include avenues, boulevards, highways, roads, roadways, 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.

Tenant. The word "tenant," 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.

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.