§ 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 shall be observed, unless they are inconsistent with the manifest intent of the council or the context clearly requires otherwise:

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

    Charter. The word "charter" shall mean the charter of the city, as it now exists and as it may be amended in the future.

    City. The words "city," "the city" and "this city" shall mean the City of Hampton in the State of Virginia.

    Clerk to the council; city clerk. The terms "clerk to the council" and "city clerk" shall be synonymous and shall mean the clerk appointed pursuant to section 3.07 of the Charter.

    Code. Whenever the term "Code" or "this Code" is used, without further qualification, it shall mean the "Code of the City of Hampton, Virginia," as designated in section 1-1.

    Code of Virginia. The term "Code of Virginia" shall mean the Code of Virginia, 1950, as amended, or its successor, as amended.

    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.

    Council. The term "council" or "city council" shall mean the council of the City of Hampton, Virginia.

    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 officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.

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

    Number. A word importing the singular number only may extend and be applied to several persons or things, as well as to one (1) person or thing, and a word importing the plural number only may extend and be applied to one (1) 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, employee, department, board, commission or other agency, such reference shall be construed as if followed by the words "of the City of Hampton, Virginia." In addition, reference to a particular officer shall be construed as if followed by the words "or his duly authorized deputy, agent or representative," subject however, to the provisions of 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 city.

    Or, and. The term "or" may be read "and," and the term "and" may be read "or," where the sense requires it.

    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 of 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, may. The term "shall" is mandatory; the term "may" is permissive.

    Sidewalk. The word "sidewalk" shall mean any portion of the street between the curb and the adjacent property line intended for the use of pedestrians.

    Signature or subscription includes a mark when a person cannot write.

    State; commonwealth. The words "state" and "commonwealth" shall be construed as if the words "of Virginia" followed.

    Street. The word "street" shall include public 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, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the council.

    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 or in writing shall be construed to include any representation of words, letters, symbols, numbers, or figures, whether (1) printed or inscribed on a tangible medium or (2) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Code of Virginia, § 59.1-479 et seq., is or is not affixed.

    Year. The word "year" shall be construed to mean a calendar year. The word "year" alone shall be equivalent to the expression "year of our Lord."

    (Code 1956, § 1-2; Ord. No. 523; Code 1964, § 1-2; Ord. No. 1433, § 1, 11-15-06)

    State Law reference— Similar definitions and rules of construction applicable to state law, Code of Virginia, § 1-202 et seq.

(Code 1956, § 1-2; Ord. No. 523; Code 1964, § 1-2; Ord. No. 1433, § 1, 11-15-06)

State law reference

Similar definitions and rules of construction applicable to state law, Code of Virginia, § 1-202 et seq.