[Adopted 6-11-1974 as Ch.
1, § 1-2, of the 1974 Code]
As used in this Code, the following words shall have the meanings indicated:
The legal boundary of the Town of Guilderland.
The County of Albany 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.
A calendar month.
Includes 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."
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.
Shall extend and be applied to associations, clubs, societies, firms,
partnerships and bodies politic and corporate, as well as to individuals.
Includes every species of property except real property, as herein
described.
Next before and next after, respectively.
Place or places.
Includes real and personal property.
Any park, cemetery, schoolyard or open space adjacent thereto, all
public buildings, streets and parking fields, and all waterways.
Includes lands, tenements and hereditaments.
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.
The Town Seal.
Any portion of a street between the curbline and the adjacent property
line, intended for the use of pedestrians, excluding parkways.
Includes a mark when the person cannot write.
The State of New York.
Streets, avenues, boulevards, roads, alleys, lanes, viaducts and
all other public highways in the town.
The Supervisor of the Town of Guilderland.
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 building or land,
either alone or with others.
The Town Board of the Town of Guilderland.
Seven days.
Any representation of words, letters or figures, whether by printing
or otherwise.
A calendar year.
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 Town Board:
A.
Word usage.
(1)
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.
(2)
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.
(3)
Name of officer. Whenever the name of an officer is given,
it shall be construed as though the words "of the Town of Guilderland" were
added.
(4)
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.
(5)
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.
(6)
"Or" may be read "and," and "and" may be read "or," if
the sense requires it.
(7)
Tense. Words used in the past or present tense include
the future, as well as the past and present.
(8)
Whenever the words "the town" or "this town" are used,
they shall be construed as if the words "of Guilderland, New York," followed
them.
B.
Construction of provisions.
(1)
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.
(2)
Delegation of authority. Whenever a provision appears
requiring the head of a department, division or agency of the town government
to do some act or make certain inspections, it is to be construed to authorize
that person to designate, delegate and authorize subordinates to perform the
required act or make the required inspection, unless the terms of the provision
or section specifically designate otherwise.
(3)
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.
