§ 1-2. Rules of construction and definitions.  


Latest version.
  • In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless inconsistent with the manifest intent of the board of county commissioners. The rules of construction and definitions in this section do not apply to any section of this Code that contains any express provisions excluding their application, 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 board of county commissioners may be fully carried out. 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.

    This Code is 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 than another provision imposed by the Code, the provision imposing the greater restriction or regulation controls.

    Board of county commissioners. "Board of county commissioners" shall mean the board of county commissioners of Osceola County, Florida.

    Clerk of the circuit court or county clerk. "Clerk of the circuit court" or "county clerk" shall mean the clerk of the circuit court of the ninth judicial circuit in and for Osceola County.

    Code. "Code" means the Osceola County Code of Ordinances 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, 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 (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

    County. "County" means Osceola County, Florida.

    County administrator or county manager. "County administrator" or "county manager" means the duly appointed person serving as county manager pursuant to section 2.3 of the Osceola County Home Rule Charter and includes designees of the county manager.

    County limits. "County limits" shall mean the legal boundaries of Osceola County, Florida.

    State Law reference— Boundaries of Osceola County, F.S. § 7.49.

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

    Gender. Words in one (1) gender apply to the other gender.

    Health department. "Health department" or "county health department" means the county public health unit organized pursuant to Florida Statutes, chapter 154, part I [F.S. § 154.001 et seq.].

    Joint authority. Words giving a joint authority to three (3) or more persons or officers are to be construed as giving such authority to a majority of such persons or officers.

    Keeper, proprietor. "Keeper" or "proprietor" includes any person, firm, association, corporation, club or copartnership, whether acting alone or through a servant, agent or employee.

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

    Month. "Month" means a calendar month.

    Must. "Must" is to be construed as being mandatory.

    Nontechnical and technical words. Words and phrases are to 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 are to be construed and understood according to such meaning.

    Number. Words used in the singular number include the plural. Words used in the plural number include the singular.

    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, official. Whenever reference is made to any officer or official, the reference will be taken to be to such officer or official of Osceola County, Florida.

    Owner. "Owner," as 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 a part of such building or land.

    Person. "Person" shall extend and be applied to any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation 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" is to be construed as being mandatory.

    Sidewalk. "Sidewalk" means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

    State. "State" means the State of Florida.

    Street or road. "Street" or "road" includes any street, avenue, boulevard, road, alley, viaduct or other public highway in the county.

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

    Week. "Week" is to be construed to mean seven (7) 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. 92-12, § 1, 5-18-92)