§ 1-2. Rules of construction and definitions.

In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the county council. The rules of construction and definitions set out in this section shall not be applied to any section of this Code which contains any express provisions excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the county council may be fully carried out. The provisions of this Code shall be liberally construed so as to effect its purposes. Terms used in this Code, unless otherwise specifically provided, have the meanings prescribed by the statutes of the state for the same terms.

State Law reference— Construction of statutes, F.S. ch. 1.

In the interpretation and application of any provisions of this Code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than the general provision imposed by this Code, the provision imposing the greater restriction or regulation is controlling.

In case of any difference of meaning or implication between text and any caption, illustration, summary table or illustrative table, the text controls.

Activity. Except as otherwise provided, the term "division" shall include an "activity."

Charter or county Charter. "Charter" or "county Charter" means the Charter of the county.

Circuit court. "Circuit court" means the Circuit Court of the Seventh Judicial Circuit in and for the County of Volusia.

Clerk of the circuit court, clerk of court or county clerk. "Clerk of the circuit court," "county clerk," "clerk of court" or "clerk of the court" means the clerk of the Circuit Court of the Seventh Judicial Circuit in and for the County of Volusia.

Code. "Code" means the Code of Ordinances, County of Volusia, as designated in section 1-1.

Computation of time. In computing any period of time prescribed or allowed by ordinance, the day of the act or event from which the designated period of time begins to run is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs 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 are excluded in the computation.

State Law reference— Similar provisions, Fla. R. Civ. P. 1.090(a).

Conjunctions. Where a provision 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:

(1)

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

(2)

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

(3)

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

County. "County" means the County of Volusia in the State of Florida.

County council. "County council" means the county council of the county.

County court. "County court" means the county court of the county.

County limits. "County limits" means the legal boundaries of the county.

State Law reference— Boundaries of Volusia County, F.S. § 7.64.

Delegation of authority. Whenever a provision requires the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department of other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty.

F.A.C. "F.A.C." means the Florida Administrative Code, as amended.

F.S. "F.S." means the latest edition of Florida Statutes, as amended.

Gender. Words importing the masculine gender shall include the feminine and neuter.

Includes. "Includes" does 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.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Keeper or proprietor. "Keeper" or "proprietor" means and includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.

May. "May" is to be construed as being permissive.

May not. "May not" has a prohibitory effect and states a prohibition.

Month. "Month" means a calendar month.

Must. "Must" shall be construed as being mandatory.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

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. The use of the plural number includes any single person or thing.

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

Officer or official. References to officers or officials are references to officers or officials of the county.

Owner. "Owner," applied to a building or land, 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 building or land.

Person. "Person" includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and legal entities or combinations thereof.

State Law reference— Similar provisions, F.S. § 1.01(3).

Property. "Property" includes real and personal property.

Shall. "Shall" shall be construed as being mandatory.

State. "State" means the State of Florida.

Week. "Week" means seven days.

Written or in writing. "Written" or "in writing" includes any representation of words, letters or figures whether by printing or otherwise.

Year. "Year" means a calendar year.

(Ord. No. 98-14, § I, 8-6-98; Ord. No. 2007-03, § I, 2-22-07)