§ 7.01. Definitions.

Unless qualified in the text the following definitions and rules of construction shall apply hereto:

(1)

"herein," "hereby," "hereof," and similar compounds refer to the entire charter.

(2)

the singular includes the plural.

(3)

titles and subtitles shall not be used in construction; and the numbers or letters designating articles, sections, or parts of sections shall be construed solely as an aid to identification and shall not be construed so as to affect the meaning of the provisions.

(4)

invalidation of any portion shall not affect any other portion that is not inseparably connected therewith in meaning and effect.

(5)

the term "including" shall be construed as merely introducing illustrative examples and not as limiting in any way the generality of the inclusive term.

(6)

the term "may" means "shall have the power to" and includes authorization to exercise discretion.

(7)

the term "person" includes a natural person of either sex and any legally recognized type of artificial person, including a firm, corporation, partnership, syndicate, or other association.

(8)

the term "law" includes the United States and State of Florida Constitution, the general statutes, the special or local laws relating to the city, and the applicable judicial decisions and administrative regulations, current or future.

(9)

the term "regulation" includes a rule.

(10)

the term "registered mail" includes certified mail.

(11)

the term "resident" or "residing in" refers to domicile or permanent legal residence as distinct from temporary residence and from physical presence at any given time.

(12)

the term "state" means State of Florida.

(13)

the term "city" means City of West Palm Beach, Florida.

(14)

the term "officer," when used with reference to the city, includes the mayor, each city commissioner, the city administrator, each assistant city administrator, the head of each bureau, the head of each department, and each other city employee that may be designated a city officer by directive of the mayor or the city commission consistent with this charter; and all references to an officer shall include the acting officer serving in his or her stead. Members of appointive boards and commissions, and police officers other than the chief or acting chief, shall not be considered officers of the city, as the term "officer" is used generally herein, unless specifically so designated by ordinance or by resolution of the city commission.

(15)

the term "agency," when used with reference to the city, includes the city commission, an officer, a bureau, a department, a division, a board, a commission, or any other organizational unit authorized to exercise a power of the city.

(16)

the term "of the membership," when used with reference to a vote by a city agency, includes all members of that agency holding office as voting members of it at the time the vote is taken. The term "majority," without qualification, means a majority of a quorum; the term "quorum" in turn means a majority of the membership as defined in this subsection; and a majority of a quorum may take valid action, and shall be the lowest number that may take valid action, in all instances in which no numerical or percentage requirement for action is specified; provided fewer than a majority may adjourn from time to time and compel the attendance of absent members.

(17)

the term "vote of the electors" means the vote of the majority of those city electors actually voting on the matter in question in an election, general or special, and the term "elector" or "qualified elector" means a resident of the city registered with the supervisor of elections to vote in city elections.

(18)

any percentage or number required hereby for valid action by an agency or by the electorate shall be construed as a minimum.

(19)

the term "newspaper of general circulation," except as regards annexation or other matters involving consideration by persons residing outside the city, means a newspaper published in the city and of general circulation therein.

(20)

the term "enterprise fund" means a fund established to account for operations that are financed and operated in a manner similar to private business enterprises where the costs of providing goods and services to the public are recovered primarily through user charges or where the periodic determination of revenues, expenses or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes.

(Ord. No. 4392-11, 11-28-2011)