[Adopted 3-3-1971 as Sec. 1-3 of the 1971 Code]
A.
In the construal of this Code and of all laws, the
following rules in this article shall be observed, unless such construal
would be inconsistent with the manifest intent of the Village Board
of Trustees.
B.
General. 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 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.
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 to 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
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.
G.
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.[1]
[1]
Editor's Note: The original definition of
"keeper or proprietor," which immediately followed this subsection,
was deleted 3-18-1998 by L.L. No. 2-1998.
H.
Name of officer. Whenever the name of an officer is
given, it shall be construed as though the words "of the Village of
West Haverstraw" were added.[2]
[2]
Editor's Note: The original definition of
"nontechnical and technical words," which immediately followed this
subsection, was deleted 3-18-1998 by L.L. No. 2-1998.
I.
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.
J.
Tense. Words used in the past or present tense include
the future as well as the past and present.
K.
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 West Haverstraw, New York"
followed them.
L.
The word "may" is permissive; the word "shall" is
mandatory.
[Added 3-18-1998 by L.L. No. 2-1998]
As used in this Code, the following terms shall
have the meanings indicated:
As used herein, the terms "Commissioner of Public Works"
and "Superintendent of Public Works" shall be used interchangeably
to refer to the Village officer or employee whose duties shall include
overseeing the daily operations of the Village Department of Public
Works.
[Added 6-16-2020 by L.L. No. 3-2020]
The legal boundary of the Village of West Haverstraw.
The County of Rockland in the State of New York.
The Mayor of the Village of West Haverstraw; and where a
law 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 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."[1]
As 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.
Extends and shall 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.[2]
A place or places.
Includes real and personal property.
Includes lands, tenements and hereditaments.
The Village or Corporate Seal.
Any portion of a street between the curbline and the adjacent
property line, intended for the use of pedestrians.
Includes a mark when the person cannot write.
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.
As 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 West Haverstraw.
Seven days.
Includes any representation of words, letters or figures,
whether by printing or otherwise.
A calendar year.
