[Adopted 11-8-1974 as § 1-2 of the 1974 Code]
[Amended 1-20-2004 by Ord. No. 0104-01 and Ord. No. 0104-02]
In the construction of this Code and all ordinances the following rules of construction and definitions shall be observed unless inconsistent with the manifest intent of the Commissioners or the context clearly requires otherwise:
ADMINISTRATIVE REGULATIONS
Written orders which are issued by the Mayor or chief administrative officer of the City and compiled in a manual.
AND/OR
Means "and" may be read "or" and "or" may be read "and" if the sense requires it.
BOND
An obligation, in writing, binding the signatory to pay a sum certain upon the happening or failure of an event.
BUILDING
Any structure intended to have walls and a roof.
BUSINESS
Any profession, trade, occupation and any other commercial enterprise conducted for monetary reward.
CHARTER
The Charter of the City of Rehoboth Beach.
CITY
The City of Rehoboth, in the County of Sussex and State of Delaware.
CITY LIMITS
Within the City and includes not only the corporate limits of the city, but also any property which it owns or which is under its jurisdiction.
CITY MANAGER
The chief administrative officer of the city.
CLERK
The City Clerk.
COMMISSIONERS
The governing body of the city, the City Commissioners.
COUNTY
Sussex County, Delaware.
DAYBREAK
Thirty minutes prior to sunrise.
[Added 12-16-2011 by Ord. No. 1211-02]
DEFINITIONS
Given within a chapter or article apply only to words or phrases used in such chapter or article unless otherwise provided.
DESIGNEE
Following an official of the city, means the authorized agent, employee or representative of such official.
DIRECTOR
The chief executive officer of the Office or Department to which the particular Division, Bureau, Board, Agency or subordinate municipal administrative body has been assigned by the Commissioners.
GENDER
Words in any section importing the masculine gender shall include the feminine and neuter as well as the masculine.
HEALTH OFFICER
The head of the Health Department or any person designated by the Commissioners to perform the City health functions and duties.
JOINT AUTHORITY
That authority given to several persons or officers. Such authority vests in a majority of such persons or officers.
KEEPER
One in possession of or who has the care, custody or superintendence of a thing, place or business, whether or not the owner or proprietor, and includes any person, firm, association, corporation, club and copartnership whether acting by themselves or by a servant, agent or employee.
MAY
The word "may" is permissive and discretionary.
MAYOR
The Mayor of the city.
MONTH
A calendar month.
NUMBER
Words used in the singular include the plural and the plural includes the singular.
OATH
Any form of attestation by which a person signifies that he is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be substituted for an oath.
OCCUPANT
Tenant or person in actual possession.
OPERATE
Carry on, keep, conduct, maintain, manage, direct or superintend.
ORDINANCES
The ordinances of the City of Rehoboth Beach, Delaware and all amendments and supplements thereto.
OWNER
One who has complete dominion over particular property and who is the one in whom legal or equitable title rests: when applied to a building or land, "owner" means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, tenant by the entirety or joint tenant, of the whole or part of such building or land.
PERSON
Any individual, natural person, joint-stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them, including an executor, administrator, trustee, receiver, or other representative appointed according to law.
PERSONAL PROPERTY
Any money, goods, movable chattels, things in action, evidence of debt, all objects and rights which are capable of ownership, and every other species of property except real property.
PRECEDING AND FOLLOWING
Next before and next after, respectively.
PROPRIETOR
An owner of the property or premises, including any person, firm, association, corporation, club, partnerships or other group acting as a unit whether acting by themselves or by a servant, agent or employee.
PUBLIC PLACE
Any park, lake, stream, stadium, athletic field, playground, schoolyard, street, avenue, plaza, square, bus, train or railroad depot, station, terminal, cemetery, open space adjacent thereto or any other place commonly open to the public.
REAL PROPERTY
Land, together with all things attached to the land so as to become a part thereof.
SHALL
The word "shall" is mandatory.
SIDEWALK
That portion of a street between the curbline and the adjacent property along the margin of a street or other highway, designed, constructed and intended for the use of pedestrians to the exclusion of vehicles.
SIGNATURE AND SUBSCRIPTION
The name of a person, mark or symbol appended by him to a writing with intent to authenticate the instrument as one made or put into effect by him.
STATE
The State of Delaware.
STATUTES or REVISED STATUTES
The latest published edition of the Statutes or Revised Statutes of Delaware.
STREET
All streets, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges and the approaches thereto, docks built on the public street, alleys, courts, places, squares, curbs, sidewalks, recreation and park lands used for vehicular traffic, or other public ways or thoroughfares in this city, over which it has jurisdiction, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
TENANT
Any person occupying the premises, building or land of another in subordination to such other person's title and with his express or implied assent, whether he occupies the whole or a part of those premises, building or land, whether alone or with others.
TENSE
Words used in the past or present tense include the future, past and present where applicable unless the context dearly indicates otherwise.
TIME
An hour of the day according to the official time of the city.
TIME OF PERFORMANCE
The time within which an act is to be done as provided in any section or any order issued pursuant to any section, when expressed in days, and is computed by excluding the first and including the last day. If the last day is Sunday or a legal holiday, that day shall not be counted in the computation. When the time is expressed in hours, the whole of Sunday or a legal holiday from midnight to midnight is excluded.
TREASURER
The City Treasurer.
WATERCOURSE
Any drain, ditch and stream, flowing in a definite direction or course in a bed with banks.
WEEK
Seven days.
WORDS AND PHRASES
Shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such meaning.
WRITING and WRITTEN
Any representation of words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.
YEAR
A calendar year.