§ 1-2. Definitions and rules of construction.  


Latest version.
  • The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise:

    Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the governing board may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings.

    Charter. The term "Charter" means the Charter of the Town of Beverly Beach, Florida.

    Code. The term "Code" means the Code of Ordinances, Town of Beverly Beach, Florida, as designated in section 1-1.

    Computation of time. In computing any period of time prescribed or allowed, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

    Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:

    (1)

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

    (2)

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

    (3)

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

    County. The term "county" means Flagler County, Florida.

    Delegation of authority. A provision that authorizes or requires a town officer or town employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

    F.A.C. The abbreviation "F.A.C." refers to the Florida Administrative Code, as amended.

    F.S. The abbreviation "F.S." refers to the latest edition of Florida Statutes, as amended.

    Gender. Words of one gender include all other genders.

    Includes. The term "includes" does not limit a term to a specified example.

    Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.

    May. The term "may" is to be construed as being permissive and not mandatory.

    May not. The term "may not" states a prohibition.

    Number. The singular includes the plural and the plural includes the singular.

    Oath. A solemn affirmation is equivalent to an oath, and a person shall be deemed to have sworn if such person makes such an affirmation.

    Officers, departments, etc. References to officers, departments, boards, commissions or employees are to town officers, town departments, town boards, town commissions and town employees.

    Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

    Person. The term "person" means any individual, partnership, corporation, association, club, joint venture, estate, trust, or governmental unit, and any other group or combination acting as a unit, and the individuals constituting such group or unit.

    Personal property. The term "personal property" means any property other than real property.

    Preceding. The term "preceding" means next before.

    Premises. The term "premises," as applied to real property, includes land and structures.

    Property. The term "property" includes real property, personal property and mixed property.

    Real property, real estate, land, lands. The term "real property" includes lands, tenements and hereditaments.

    Shall. The term "shall" is to be construed as being mandatory.

    Should. The term "should" is to be construed as being permissive and not mandatory.

    State. The term "state" means the State of Florida.

    Tenses. The present tense includes the past and future tenses. The future tense includes the present tense.

    Town. The term "town" means the Town of Beverly Beach, Florida.

    Town commission, commission. The terms "town commission" and "commission" mean the town commission of the Town of Beverly Beach, Florida.

    Week. The term "week" means a period of seven consecutive days.

    Written. The term "written" includes any representation of words, letters, symbols or figures.

    Year. The term "year" means a calendar year.

State law reference

Definitions, F.S. § 1.01.