§ 1-2. Definitions and rules of construction  


Latest version.
  • It is the legislative intent of the town council, in adopting this Code, that all provisions and sections of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the town. In the construction of this Code and any amendment thereto, the following rules shall be observed, unless otherwise defined in this Code or ordinance and unless the context clearly indicates otherwise:

    Charter. The word "Charter" shall mean the Council-Manager Charter of Town of Falmouth, Maine, as set out in Part I of this volume, and shall include any amendment to such Charter.

    Code. The term "Code" shall mean the Code of Ordinances, Town of Falmouth, Maine, as designated in section 1-1.

    County. The term "county" shall mean the County of Cumberland in the State of Maine.

    Gender. A word importing one (1) gender shall extend and be applied to the other gender and to firms, partnerships and corporations as well.

    Inhabitant. The word "inhabitant" means a person having an established residence in the town.

    Joint authority. Words giving authority to three (3) or more persons authorize a majority to act, when the ordinance does not otherwise determine.

    Municipal officers. The term "municipal officers" means the members of the town council.

    Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing.

    Oath. The word "oath" includes an affirmation, when affirmation is allowed. Affirmation is allowed when a person required to be sworn is conscientiously scrupulous of taking an oath.

    Officer, department, board, commission, etc. Whenever any officer, department, board, commission or other city agency is referred to by title only, such reference shall be construed as if followed by the words "of the Town of Falmouth, Maine." Whenever, by the provisions of this Code, any officer, department, board, commission or other agency of the city is assigned any duty or empowered to perform any act or duty, reference to such officer, department, board, commission or other agency shall mean and include any authorized representative.

    Person. The word "person" is used in any ordinance, and in any amendment hereafter enacted, shall include: any individual, firm, partnership, corporation, company, association, club, joint venture, estate, trust, or any group or combination acting as a unit and the individuals constituting such group or unit, unless the intention to give a more limited meaning is disclosed by the context.

    Preceding, following. The word "preceding" or "following," used with reference to a section, means the section next preceding or following that in which it is used when not otherwise expressed.

    Shall. The word "shall" is mandatory.

    State. The term "state" shall be construed to mean the State of Maine.

    Street. The word "street" shall be understood as including highways, ways, avenues, courts, lanes, alleys, parks, squares, places, sidewalks, crosswalks and bridges.

    Technical words. Words and phrases shall be construed according to the common meaning of the language. Technical words and phrases and such as have a peculiar meaning, shall convey such technical or peculiar meaning.

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

    Town. The "town" shall mean the Town of Falmouth, Maine.

    Town council. The term "town council" or "council" shall mean the Town Council of the Town of Falmouth, Maine.

    Written, in writing. The words "written" or "in writing" may include printing.

(Code 1966, Ch. 201, § 1, Art. II, § 121)