The ordinances embraced in this and the following chapters shall be
designated and cited as the "Code of Ordinances, Town of Smithfield, Rhode
Island." Such ordinances may also be cited as the "Smithfield Code."
In the construction of this Code and of all ordinances hereafter enacted,
the following interpretations shall be placed on the words and phrases mentioned
in this section, unless such construction or interpretation would be manifestly
inconsistent with the evident intent of the Town Council or repugnant to the
context or to the evident purport of any ordinance:
COMPUTATION OF TIME
The time in which an act is to be done shall be computed by excluding
the first and including the last day, except that when the last day falls
on a Sunday or a legal holiday, the act may be done on the next succeeding
day which is not a Sunday or a legal holiday. When a public office in which
an act is to be performed is closed to the public for the entire day which
constitutes the last day for doing such act, or before its usual closing time
on such day, then such act may be performed on the next succeeding day which
is not a Sunday or legal holiday.
COUNCIL
The term "Council" or "Town Council" shall mean the Town Council
of the Town of Smithfield.
COUNTY
The words "the county" or "this county" shall mean the County of
Providence in the State of Rhode Island.
DELEGATION OF AUTHORITY
Whenever a provision appears requiring the head of a department or
other officer of the Town to do some act or to make certain inspections, it
is to be construed to authorize the head of the department or other officer
of the Town, as the case may be, to designate, delegate and authorize subordinates
to perform the required act or make the required inspection unless the terms
of the provision designate otherwise.
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.
A.
1956 — The General Laws of Rhode Island, Reenactment
of 1956, as now or hereafter amended.
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.
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.
KEEPER or PROPRIETOR
Includes persons, firms, associations, corporations, clubs and partnerships,
whether acting by themselves or through a servant, agent or employee.
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.
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, and a word
importing the plural number may be applied to one person or thing.
OATH
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." The word "engaged"
shall be equivalent to the word "sworn" or "affirmed."
OFFICERS, DEPARTMENTS, ETC.
Whenever the title of an officer, department, board or other agency
is given it shall be construed as though the words "of the Town of Smithfield"
were added.
OR; AND
"Or" may be read "and," and "and" may be read "or," if the sense
requires it.
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.
PERSON
Includes a corporation, firm, partnership, association, organization,
club, society, body corporate or politic, or any other group acting as a unit,
as well as a natural person.
PERSONAL PROPERTY
Includes every species of property except real property, as herein
described.
PREMISES
Whenever the word "premises" is used it shall mean place or places.
PROPERTY
Includes real and personal property.
PUBLIC PLACE
Includes, without limitation, any park, cemetery, school yard or
open space adjacent thereto and all beaches, canals or other waterways, and
any public street or way.
SHALL; MAY
The word "shall" is mandatory, whereas the word "may" is permissive.
SIGNATURE; SUBSCRIPTION
The "signature" or "subscription" of a person shall include a mark
when the person cannot write.
STATE
The State of Rhode Island.
STREETS; HIGHWAYS; WAYS
The words "streets," "highways" and "ways" shall be construed as
including public boulevards, avenues, courts, lanes, alleys, squares, drives,
roads, corners and sidewalks.
TENANT
The word "tenant" or "occupant," applied to a building or land, shall
include any person holding a written or oral lease of, or who occupies, the
whole or a part of such building or land, either alone or with others.
TENSE
Words used in the past or present tense include the future as well
as the past and present.
TOWN
The Town of Smithfield in the County of Providence and the State
of Rhode Island.
WRITTEN, IN WRITING
Includes any representation of words, letters or figures, whether
by printing or otherwise.
The catchlines of the several sections of this Code printed in boldface
type are intended as mere catchwords to indicate the contents of the section,
and unless otherwise expressly so provided, shall not be deemed or taken to
be titles of such sections or as any part of the section, nor, unless expressly
so provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or reenacted.
It is hereby declared to be the intention of the Town Council that the
sections, paragraphs, sentences, clauses and phrases of this Code are severable,
and if any phrase, clause, sentence, paragraph or section of this Code shall
be declared unconstitutional, invalid or unenforceable by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality,
invalidity or unenforceability shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of the Code, since the same would
have been enacted by the Town Council without the incorporation in this Code
of any such unconstitutional, invalid or unenforceable phrase, clause, sentence,
paragraph or section.