[Adopted 9-12-1983 by L.L. No. 1-1983 as §§ 1-1
and 1-2 of the 1983 Code]
A.
In
the construction of this Code and of all ordinances, the following
rules shall be observed, unless such construction would be inconsistent
with the manifest intent of the Village Board of Trustees.
B.
Generally.
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 particular. 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.
C.
Computation
of time. Whenever a notice is required to be given or an act is 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 and each day thereafter, including Saturdays,
Sundays and legal holidays, but the day on which such proceeding is
to be had shall not be counted.
[Amended 1-21-1997 by L.L. No. 3-1997]
D.
Delegation
of authority. Whenever a provision appears requiring the head of a
department of the Village to do some act or make certain inspections,
it is to be construed to authorize the head of the department 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.
E.
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.
F.
Interpretation.
In the interpretation and application of any provision of this Code,
it shall be held to be the minimum requirement 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.
G.
Joint
authority. All words giving a joint authority to three or more persons
or officers, unless otherwise specified, shall be construed as giving
such authority to a majority of such persons or officers.
[Amended 1-21-1997 by L.L. No. 3-1997]
H.
Name
of officer. Whenever the name of an officer is given, it shall be
construed as though the words "of the Village of East Hills" were
added.
I.
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.
J.
Number.
A word importing the singular number only may extend and be applied
to several persons and things as well as to one person or thing.
K.
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."
L.
Or;
and, "Or" may be read "and," and "and" may be read "or," if the sense
requires it.
M.
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.
N.
Person.
The word "person" shall extend and be applied to associations, clubs,
societies, firms, partnerships and bodies politic and corporate as
well as to individuals.
O.
Preceding;
following. The words "preceding" and "following" shall mean "next
before" and "next after," respectively.
P.
Signature
or subscription. The word "signature" or "subscription" of a person
shall include a mark when the person cannot write.
Q.
Tense.
Words used in the past or present tense include the future as well
as the past and present.
R.
Written;
in writing. The words "written" or "in writing" shall be construed
to include any representation of words, letters or figures, whether
by printing or otherwise.
S.
Village;
corporation. Whenever the words "the Village," "this Village," "the
corporation" or "this corporation" are used, they shall be construed
as if the words "of East Hills, New York" followed them.
T.
All
references to the words "code" and "ordinances" shall be deemed to
mean "local laws" as defined in the Municipal Home Rule Law of the
State of New York.
As used in this Code, the following terms shall have the meanings
indicated:
The legal boundary of the Village of East Hills.
The County of Nassau in the State of New York.
Includes persons, firms, associations, corporations, clubs
and partnerships, whether acting by themselves or through a servant,
agent or employee.
The Mayor of the Village of East Hills, and where an ordinance
or section shall direct that an act be performed or decision be made
by the Mayor, such expression shall be deemed to include not only
the Mayor, but the Acting or Deputy Mayor in the absence of the Mayor
or any member of the Board of Trustees designated by the Board or
the Mayor to perform the act or exercise the discretion referred to;
but this provision shall not be construed to authorize the Mayor or
the Board to delegate any power or duty on the part of the Mayor to
any other person except a member of the Board of Trustees of the Village,
or except as otherwise provided by law.
A calendar month.
Includes every species of property except real property,
as herein described.
Place or places.
Includes real and personal property.
Includes lands, buildings and structures erected upon lands;
leaseholds involving lands.
[Amended 1-21-1997 by L.L. No. 3-1997]
Includes lands, buildings erected thereon and any right in
land or buildings capable of inheritance.
[Amended 1-21-1997 by L.L. No. 3-1997]
The Village or Corporate Seal.
Any portion of a street between the curbline and the adjacent
property line intended for the use of pedestrians.
The State of New York.
Includes but shall not be limited to streets, avenues, boulevards,
roads, alleys, lanes, viaducts and all other public highways in the
Village.
Applied to a building or land, includes any person holding
a written or oral lease or who occupies the whole or a part of such
buildings or lands, either alone or with others.
Any person elected or appointed to that office.
The Board of Trustees of the Village of East Hills.
Seven days.
Monday through Friday.
[Added 1-21-1997 by L.L. No. 3-1997]
A calendar year.
