City of Dover, NH Article I Provisions Applicable to Entire Code

[Adopted 2-12-2020 by Ord. No. 2020.01.08-001]

§ 1-1 Citation of Code.

The ordinances embraced in the following chapters and sections shall constitute and be designated the Dover Code and may be so cited or may be cited "the Code."

§ 1-2 Rules of construction and definitions.

A. In the construction of the Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council. The rules of construction and definitions set out herein shall not be applied to any section of the Code which shall contain any express provision excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

B. Any reference in the text of the Code to a section, article or chapter shall, unless otherwise indicated, be construed to refer to a section, article or chapter, as amended, of the Code.

C. Generally.

(1) All general provisions, terms, phrases and expressions contained in the Code shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out.

(2) In the interpretation and application of any provisions of the Code, they 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.

(3) 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 peculiar and appropriate meaning.

D. Definitions. As used in the Code, the following terms shall have the meanings indicated:

CITY

The City of Dover, New Hampshire

CITY COUNCIL

The City Council of Dover, New Hampshire.

CODE

The Code of the City of Dover.

COUNTY

Strafford County.

PERSON

Any natural individual, firm, trust, partnership, association or corporation in his or her or its own capacity as administrator, conservator, executor, trustee, receiver or other representative appointed by a court.

STATE

The State of New Hampshire.

E. Word usage.

(1) Whenever any words in this Code denote the plural, the singular shall be deemed included, and whenever the singular number shall be used, it shall be deemed to include the plural.

(2) Wherever the masculine gender is used in this Code, females as well as males shall be deemed to be included.

(3) Words in the present tense shall be deemed to include the future.

(4) The word "shall" as used in this Code is mandatory.

§ 1-3 Headings, notes and references.

Part, chapter, article and section headings and notes and references are included in this Code for the convenience of users and are not to be construed as part of the text to which they relate.

§ 1-4 Amendments.

All ordinances passed subsequent to the Code which amend, repeal or in any way affect the Code may be numbered in accordance with the numbering system of the Code and printed for inclusion herein or, in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby, and the subsequent ordinances as numbered printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as the Code and subsequent ordinances numbered or omitted are readopted as a new revision by the City Council.

§ 1-5 Unauthorized alteration or tampering with Code.

It shall be unlawful for any person in the City to change or amend, by additions or deletions, any part or portions of the Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.

§ 1-6 Effect of repeal of ordinances.

A. When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision unless it shall be therein so expressly provided.

B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.

§ 1-7 Severability.

The sections, paragraphs, sentences, clauses and phrases of the Code are severable, and if any phrase, clause, sentence, paragraph or section of the Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, sentences, paragraphs or sections of the Code.

§ 1-8 Acts punishable under different sections.

In all cases where the same offense is made punishable or is created by different clauses or sections of the Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.