Sec. 1-2. - Definitions and rules of construction.

(a)

In the construction of this Code and of all ordinances hereafter enacted, and of any regulation promulgated pursuant thereto, the following interpretations shall be placed on the words and phrases mentioned in this subsection, unless such construction or interpretation is manifestly inconsistent with the evident intent of the town council or the qualified voters, or repugnant to the context or to the evident purport of any ordinance:

Charter. The term "Charter" means the Charter of the Town of Jamestown, Rhode Island.

Code. The term "Code" means the Revised Code of Ordinances, Town of Jamestown, Rhode Island.

Computation of time. The time in which an act is to be done shall be computed by excluding the first and including the last day; and if the last day is Sunday or a legal holiday, that shall be excluded. State Law reference— Similar provisions, G.L. 1956, § 43-3-13.

Conjunctions. Where a provision involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either . . . or," the conjunction shall be interpreted as follows, provided in appropriate cases the terms "and" and "or" are interchangeable: (1)

The term "and" indicates that all the connected items, conditions, provisions or events shall apply.

(2)

The term "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

The term "either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.

Corporate limits, corporation limits and town limits. Whenever the terms "corporate limits," "corporation limits" or "town limits" are used, they mean the legal boundary of the Town of Jamestown, Rhode Island.

Council and town council. The terms "council" and "town council" mean the governing body of the Town of Jamestown, Rhode Island.

County. The term "county" means Newport County, Rhode Island.

Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the town to do some act or to make certain inspections, it is to be construed to authorize the head of the department or other officer of the town, as the case may be, to designate, delegate and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision of sections designate otherwise.

Gender. A term importing the one gender only shall extend and be applied to the other genders. State Law reference— Similar provisions, G.L. 1956, § 43-3-3.

G.L. 1956. The term "G.L. 1956" means the latest edition or reenactment of the General Laws of Rhode Island.

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 the Code imposes greater restrictions upon the subject matter than the general provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

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. State Law reference— Similar provisions, G.L. 1956, § 43-3-5.

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

May. The term "may" is permissible and not mandatory.

May not. The term "may not" states a prohibition.

Month. The term "month" means a calendar month. State Law reference— Similar provisions, G.L. 1956, § 43-3-12.

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 Every term importing the singular number only may be construed to extend to and to include the plural number also, and every word importing the plural number only may be construed to extend to and to embrace the singular number also. State Law reference— Similar provisions, G.L. 1956, § 43-3-4.

Oath. The term "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 terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed." State Law reference— Similar provisions, G.L. 1956, § 43-3-11.

Officers, employees, departments, boards, committees, commissions, etc. Whenever the title of an officer, employee, department, board, committee or commission is used, it shall mean the officer, employee, department, board, committee or commission of the Town of Jamestown, Rhode Island, and shall include duly authorized subordinates.

Owner. The term "owner," applied to a building or land, includes 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 term "person" includes a corporation, firm, partnership, association, organization, club, society, body corporate or politic, or any other group acting as a unit, as well as a natural person. State Law reference— Similar provisions, G.L. 1956, § 43-3-6.

Personal property. The term "personal property" includes every species of property except real property, as described in this section.

Preceding and following. The terms "preceding" and "following" mean next before and next after, respectively. State Law reference— Similar provisions, G.L. 1956, § 43-3-16.

Premises. Whenever the term "premises" is used, it means place or places.

Property. The term "property" includes real and personal property.

Public place. The term "public place" includes, without limitation, any park, cemetery, schoolyard or open space adjacent thereto, and all beaches, canals or other waterways, and any public street or way.

Real property. The term "real property" includes lands, tenements and hereditaments and rights thereto and interests therein. State Law reference— Similar provisions, G.L. 1956, § 43-3-10.

Seal. Whenever the term "seal" is used, it means the town or corporate seal.

Shall. The term "shall" is to be construed as being mandatory.

Sidewalk. The term "sidewalk" means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.

Signature and subscription. The "signature" and "subscription" of a person include a mark when the person cannot write.

State. The term "state" means the State of Rhode Island.

Streets, highways and ways. The terms "streets," "highways" and "ways," shall be construed as including boulevards, avenues, courts, lanes, alleys, squares, places and sidewalks, and each of these words include each of the others, unless otherwise indicated.

Tenant and occupant. The terms "tenant" and "occupant," applied to a building or land, include any person holding a written or oral lease of, or who occupies, the whole or a part of such building or land, either alone or with others.

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

Town. The term "town" means the Town of Jamestown, Rhode Island.

Week. The term "week" shall be construed to mean seven days.

Written and in writing. The terms "written" and "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. State Law reference— Similar provisions, G.L. 1956, § 43-3-16.

Year. The term "year" means a calendar year. State Law reference— Similar provisions, G.L. 1956, § 43-3-12.

(b)

The provisions of this Code shall be liberally construed to effect the purposes expressed therein or implied from the expression thereof. In case of doubt or ambiguity in the meaning of such provisions, the general shall yield to the specific. Reference for interpretation and construction shall tend to further the accomplishment of the elimination of the particular mischiefs for which the provisions were enacted. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

(Code 1982, § 1-3; Code 2003, § 1-2)