§ 1-102. Rules of Code construction; definitions.  


Latest version.
  • (a)

    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 Council or the context clearly requires otherwise:

    (1)

    Administrative regulations shall mean written orders which are issued by the County Executive or Chief Administrative Officer of the County and compiled in a manual.

    (2)

    And/or shall mean and may read or and or may be read and if the sense requires it.

    (3)

    Charter shall mean the Prince George's County Charter adopted by referendum, November 3, 1970, as amended.

    (4)

    Clerk shall mean the Clerk of the Council.

    (5)

    Council shall mean the legislative branch of the County government, the County Council.

    (6)

    County shall mean Prince George's County, Maryland.

    (7)

    County limits shall mean within the County and includes not only the corporate limits of the County, but also any property which it owns or which is under its jurisdiction.

    (8)

    Day shall mean the period of time between any midnight and the midnight following.

    (9)

    Daytime shall mean the period of time between sunrise and sunset.

    (10)

    Definitions given within a Subtitle or Division shall apply only to words or phrases used in such Subtitle or Division unless otherwise provided.

    (11)

    Designee, following the use of the title of an official of the County, shall mean the authorized agent, employee, or representative of such official.

    (12)

    Director means 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 County Executive.

    (13)

    Gender: Words in any Section importing the masculine gender shall include the feminine and neuter as well as the masculine.

    (14)

    Health Officer means the head of the Health Department or any person designated to perform the County health functions and duties.

    (15)

    Laws mean and include all acts, public local laws, ordinances, resolutions, and other legislative acts of the Council, and all public general and public local laws of the General Assembly of the State.

    (16)

    May: The word may is permissive and discretionary.

    (17)

    Month means a calendar month.

    (18)

    Nighttime shall mean the period of time between sunset and sunrise.

    (19)

    Number: Words used in the singular include the plural and the plural includes the singular.

    (20)

    Oath means 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.

    (21)

    Occupant means tenant or person in actual possession.

    (22)

    Operate means set up, carry on, keep, conduct, maintain, manage, direct, or superintend.

    (23)

    Owner means 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 entireties, or joint tenant of the whole or part of such building or land.

    (24)

    Person means any individual, natural person, legal entity, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, owner, occupant, or any other group acting as a unit, principal or agent, or the manager, lessor, 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.

    (25)

    Personal Property means 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.

    (25.1)

    Place open to the public means any privately-owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment, regardless of whether a charge for admission or entry is made.

    (26)

    Preceding and following mean next before and next after, respectively.

    (27)

    Public local laws mean and include all acts, ordinances, and legislative acts of the Council.

    (28)

    Public place means any park, lake, stream, stadium, athletic field, playground, school yard, 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.

    (29)

    Real Property means land, together with all things attached to the land so as to become a part thereof.

    (30)

    Shall; must: The words shall or must are mandatory.

    (31)

    Sidewalk means that portion of a street between the curb line 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.

    (32)

    Signature and subscription mean 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.

    (33)

    State means the State of Maryland.

    (34)

    Street means 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 the County, 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.

    (35)

    Tenant means 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 part of those premises, building or land, whether alone or with others.

    (36)

    Tense: Words used in the past or present tense include the future, past, and present where applicable unless the context clearly indicates otherwise.

    (37)

    Time means an hour of the day according to the official time of the County.

    (38)

    Time computation: In computing any period of time prescribed by this Code or by any applicable law, the day of the act, event, or default, after which the designated period of time begins to run, is not to be included. The last day of the period so computed is to be included unless:

    (A)

    It is a Sunday or a legal holiday, in which event the period runs until the end of the next day, which is neither a Sunday nor a legal holiday; or

    (B)

    The act to be done is the filing of some paper in court or County office and the offices on the last day of the period are not open, or are closed for a part of a day, in which event the period runs until the end of the next day which is neither a Sunday, Saturday, a legal holiday, or a day on which the offices are not open the entire day during ordinary business hours.

    When the period of time allowed is more than seven (7) days, intermediate Sundays and legal holidays shall be considered as other days; but if the period of time allowed is seven (7) days or less, intermediate Sundays, Saturdays, and legal holidays shall not be counted in computing the period of time.

    (39)

    Week means seven (7) days.

    (40)

    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.

    (41)

    Writing and written means any representation of words, letters, or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.

    (42)

    Year means a calendar year, unless otherwise stated.

(Ord. and Res., 1967, Sec. 1-2; CB-61-2006)