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

(a)

In the construction of this Code and of all ordinances hereafter enacted, the following interpretations shall be placed on the words and phrases hereinafter mentioned, unless such construction or interpretation shall be manifestly inconsistent with the evident intent of the town council or repugnant to the context or to the evident purport of any ordinance:

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

Code or this Code. The term "Code" or "this Code" means the Code of Ordinances, Town of West Warwick, Rhode Island.

Computation of time. The time in 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 shall be excluded.

Corporate limits, corporation limits, town limits. Whenever the terms "corporate limits," "corporation limits" and "town limits" are used, they mean the legal boundary of the Town of West Warwick.

Council, town council. The term "the council" or "town council" means the town council of the Town of West Warwick.

County. The term "the county" or "this county" means the County of Kent in the State of 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 or section designate otherwise.

Fee schedule. The town council has adopted, and from time to time amends, a schedule of fees for various city services and related charges. The current schedule of fees is provided in appendix B to this Code.

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.

G.L. The abbreviation "G.L." refers to the most recent edition and version of the indicated portion of the State of Rhode Island General Laws.

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 provisions 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.

Keeper, 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.

Month. The term "month" means 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. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

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."

Officers, employees, departments, boards, committees, commissions, etc. Whenever the title of an officer, employee, department, board, committee or commission is used, it means the officer, employee, department, board, committee or commission of the Town of West Warwick, Rhode Island, and includes duly authorized subordinates.

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

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.

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

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

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

President. Whenever the term "president" is used, it means the president of the town council.

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

Public place. The term "public place" includes, without limitation, any park, cemetery, school yard 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.

Residence. The term "residence" means the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

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 vertical curbline or edge of pavement or edge of travelled way and the adjacent property line, intended for the use of pedestrians, excluding parkways; such portion or sidewalk is sometimes designated and known as the pavement border area.

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

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

Streets, highways, ways. The terms "streets," "highways" and "ways," when used in an ordinance, shall be construed as including public boulevards, avenues, courts, lanes, alleys, squares, drives, roads, corners and sidewalks.

Tenant, occupant. The term "tenant" or "occupant," applied to a building or land, includes 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. Words used in the past or present tense include the future as well as the past and present.

Town. The term "town" or "the town" means the Town of West Warwick in the County of Kent and the State of Rhode Island.

Week. The term "week" means seven days.

Written, in writing. The term "written" or "in writing" includes any representation of words, letters or figures, whether by printing or otherwise.

Year. The term "year" means a calendar year.

(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 1970, § 1-2)