§ 1-2. Definitions and rules of construction.  


Latest version.
  • In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city commission:

    Charter. The word "Charter" shall mean the Charter of the City of West Palm Beach, Florida, as printed in Part I, Subpart A of this volume.

    City. The word "city" shall be construed as if the words "of West Palm Beach" followed it.

    City commission, commission, governing body. Whenever the words "commission," "city commission" or "governing body" are used, they shall be construed to mean the City Commission of the City of West Palm Beach.

    Code. The word "Code" shall mean this Code of Ordinances, City of West Palm Beach, Florida.

    Computation of time. In computing any period of time prescribed or allowed by this Code, by order of court or by any applicable statute, 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, Sunday or 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.

    County. The word "county" shall mean Palm Beach County, Florida.

    Delegation of authority. Whenever a provision or section appears requiring the head of a department or some other city official, officer or employee to do some act or perform some duty, it shall be construed to authorized the head of the department or other officer or employee 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.

    F.S. The abbreviation "F.S." shall refer to the latest edition or supplement of the official statutes of the State of Florida as adopted by the state legislature.

    Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

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

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

    Oath. The word "oath" shall include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such case the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

    Officer, official, etc. Wherever reference is made to any officer, or official, department, board, committee, or commission, the reference will be taken to be to such officer or official of the City of West Palm Beach, Florida.

    Official time. Whenever certain hours are named in this Code, they shall mean Eastern Standard Time or daylight saving time as may be in current use in the city.

    Or, and. The word "or" may be read "and," and the word "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, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

    Person. The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.

    Personal property includes every species of property except real property.

    Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.

    Property. The word "property" shall mean real, personal or mixed property.

    Real property. "Real property" shall include lands, tenements and hereditaments.

    Shall; may. The word "shall" is mandatory; the word "may" is permissive.

    Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.

    Signature, subscription. The words "signature" and "subscription" shall include a mark when the person cannot write, his name being written near it, and being witnessed by a person who writes his own name as a witness.

    State. The word "state" shall be construed to mean the State of Florida.

    Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.

    Tenant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies, the whole or a part of such building or land, either alone or with others.

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

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

    Written, in writing. The words "written" and "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 a fiscal year is indicated.

(Code 1979, § 1-2)

State law reference

Statutory rules of construction, F.S. § 1.01.