§ 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the town council. The rules of construction and definitions set out in this section shall not be applied to any section of this Code which shall contain any express provision excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the town council may be fully carried out. In the interpretation and application of any provisions of this Code, they 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 provision imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Charter. Whenever the words "Charter" or "the Charter" are used in this Code they shall be held to mean and refer to the Council-Manager Charter of the Town of Orono, Maine, as printed in part I of this volume.

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

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 not be counted in computing the time, but the day on which such proceeding is to be held shall be counted.

Corporate or town limits. The term "corporate limits" or "town limits" shall mean the legal boundaries of the Town of Orono, Maine.

County. The words "the county" or "this county" shall mean the County of Penobscot in the State of Maine.

Delegation of authority. Whenever a provision appears requiring the head of a department or some other town officer to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

Gender. Words of the masculine gender may include the feminine.

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

May. The word "may" is permissive.

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

M.R.S.A. The abbreviation "M.R.S.A." shall mean and refer to the latest edition of the Maine Revised Statutes Annotated.

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. Words of the singular number may include the plural; and words of the plural number may include the singular.

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.

Officials, boards, commissions. Whenever reference is made to officials, boards or commissions by title only, i.e., "town council," "town clerk," "town manager," etc., they shall be deemed to refer to the officials, boards and commissions of the Town of Orono.

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

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

Person. The word "person" shall extend and be applied to associations, societies, clubs, firms, partnerships, bodies politic, foreign and domestic corporations as well as to individuals.

Personal property. The term "personal property" includes every species of property except real property, as described in this section.

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. The term "real property" shall include lands, tenements and hereditaments.

Shall. The word "shall" is mandatory.

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, excluding parkways.

Signature or subscription. The word "signature" or "subscription" includes a mark when the person cannot write.

State. The words "the state" or "this state" shall be construed to mean the State of Maine.

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the town, and shall include all areas thereof embraced between the property lines and dedicated to the public use.

Tenant or occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such buildings 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 council. Whenever the words "council" or "town council" are used they shall be construed to mean the town council of Orono, Maine.

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year. The word "year" shall mean a calendar year, unless otherwise expressed.

State law reference

Rules of construction, 1 M.R.S.A. §§ 71, 72.