§ 58-169. Rules of construction.  


Latest version.
  • (a)

    The provisions of this article shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety, and general welfare.

    (b)

    For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article:

    (1)

    In the case of any difference of meaning or implication between the text of this article and any caption, illustration, summary table or illustrative table, the text shall control.

    (2)

    The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

    (3)

    Words used in the present tense shall include the future, and words used in the singular number shall include the plural and the plural the singular, unless the context clearly indicates the contrary.

    (4)

    The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

    (5)

    Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either…or," the conjunction shall be interpreted as follows:

    a.

    "And" indicates that all the connected terms, conditions, provisions or events shall apply.

    b.

    "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

    c.

    "Either…or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

    (6)

    The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

    (7)

    The paragraph headings used in this article are included solely for convenience and shall not affect, or be used in connection with, the interpretation of this article.

    (8)

    The intent of this article in granting credits and/or refunds is to make such grants to persons or entities who actually paid or will pay fees whether they are "developer" or "property owner" or some other entity.

(94-RM-121, pt. 1, art. IV, §§ 1, 2, 5-18-94)