Sec. 1-1. - How Code designated and cited.

The provisions in the following chapters and sections shall constitute and be designated as the "Code of Ordinances, Town of Chapel Hill, North Carolina," and may be so cited.

Charter reference— Authority of council to adopt codification of ordinances, §§ 3.10, 3.11.

State law reference— Code of ordinances, G.S. § 160A-77; pleading and proving city ordinances, G.S. § 160A-79.

Sec. 1-2. - Definitions and rules of construction.

In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the board of aldermen or the context clearly requires otherwise:

Board. The words "board of aldermen" shall mean the mayor and council of the Town of Chapel Hill, constituting the governing body of the town, and whenever such phrase is used throughout the Code, it shall be deemed to mean and to refer to the mayor and council.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is Saturday, Sunday or a legal holiday, that shall be excluded.

Council. The word "council" or "town council," shall mean the legislative body of the town formerly designated board of aldermen, which together with the mayor shall constitute the governing body of the town.

County. The words "the county" or "this county" shall mean Orange or Durham County, State of North Carolina, as the case requires it.

Domestic partners. The words "domestic partners" shall mean two individuals who have reached the age of majority and live together in a long-term relationship of indefinite duration, with an exclusive mutual commitment in which the partners share the necessities of life and are financially interdependent. Also, domestic partners are not married to anyone else, do not have another domestic partner and are not related by blood more closely than would bar their marriage in this state.

Gender. Words importing the masculine gender shall include the feminine and neuter.

Health officer. The term "health officer" shall mean the health officer of Orange or Durham County, North Carolina.

Month. The word "month" shall mean a calendar month.

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.

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 "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn."

Officials, boards, commissions, etc. Whenever reference is made to officials, boards, commissions, committees and the like, by title only, they shall be construed as if followed by the words "of the Town of Chapel Hill, North Carolina."

Or, and. "Or" may be read "and" and "and" may be read "or" if the cause requires it.

Owner. The word "owner," when applied to buildings or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land.

Person. The word "person" shall include a corporation, firm, partnership, association, organization and any other group acting as a unit, as well as an individual.

Personal property. The words "personal property" shall include every species of property, except real property as herein defined.

Plural, singular. Words importing the singular shall include the plural, and words importing the plural shall include the singular.

Preceding, following. The words "preceding" and "following" mean next before and next after respectively.

Property. The word "property" shall include real and personal property.

Real property. "Real property" shall include lands, tenements and hereditaments.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians.

Signature or subscription. The words "signature" or "subscription" shall include a mark when a person cannot write.

State. The words "the state" or "this state" shall mean the State of North Carolina.

Statutes references. Whenever reference is made, for example, to G.S. Section 160-200, it shall be construed to refer to General Statutes of North Carolina, Section 160-200, as amended, or to whatever section is cited.

Street. A right-of-way or easement greater than twenty (20) feet in width containing a roadway which provides or is used primarily for vehicular circulation.

Street, private. A street consisting of a private easement and a privately maintained roadway.

Street, public. A street consisting of a publicly dedicated right-of-way and a roadway maintained by the Town of Chapel Hill or the State of North Carolina.

Tenant, occupant. The words "tenant" or "occupant" applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.

Tense. Words used in the past or present tense include the future as well as the past and the present.

Town. The words "the town" or "this town" shall mean the Town of Chapel Hill in the County of Orange or Durham and the State of North Carolina.

Town limits. The words "town limits" or "corporate limits" shall mean the legal boundary of the Town of Chapel Hill, North Carolina.

Writing or written. The words "writing" or "written" shall include printing and any other mode of representing words and letters.

Year. The word "year" shall mean a calendar year.

(Ord. No. 0-79-50, §§ 1, 2, 9-10-79; Ord. No. 0-81-39, 5-26-81; Ord. No. 95-4-24/O-8a, § 1; Ord. No. 95-4-24/O-8b, § 1)

State law reference— Similar definitions and rules of statutory construction, G.S. § 12-3.

Sec. 1-3. - Catchlines of sections.

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 shall not be deemed or taken to be titles of such sections, nor 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.

Sec. 1-4. - Amendments to Code.

All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed, or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the board of aldermen.

Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section ____________ of the Code of Ordinances, Town of Chapel Hill, North Carolina, is hereby amended to read as follows:…" The new provisions shall then be set out in full as desired.

In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, Town of Chapel Hill, North Carolina, is hereby amended by adding a section, to be numbered ____________, which said section reads as follows:…" The new section shall then be set out in full as desired.

Sec. 1-5. - Altering Code.

It shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of this Code or to insert or delete pages, or any portions thereof, or to alter or tamper with such Code in any manner whatsoever except pursuant to ordinance or resolution or other official act of the board of aldermen which will cause the law of the town the council which will cause the law of the town to be misrepresented thereby.

Sec. 1-6. - Liability of corporate officers, agents and employees for violation of Code.

In the event of a violation of any provision of this Code or other ordinance of the town by a corporation, the officer, agent or employee thereof who performs the act constituting the violation or procures, aids or abets the performance of such act shall be subject to the same penalties as if he himself had committed such violation.

Sec. 1-7. - General penalty for violation of Code; continuing violations.

Whenever in this Code or in any ordinance of the town any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in such Code or ordinance the doing of any act is required or the failure to do such act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or other ordinances shall be punished by a fine not exceeding fifty dollars ($50.00) or by imprisonment for a term not exceeding thirty (30) days. Each day that any violation of this Code or of any ordinance shall continue shall constitute a separate offense.

State law reference— Violation of city or town ordinances declared a misdemeanor punishable by fine not exceeding $50.00 or imprisonment not exceeding 30 days, G.S. § 14-4.

Sec. 1-8. - Severability of parts of Code.

It is hereby declared to be the intention of the board of aldermen 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 by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the board without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph or section.