§ 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 and resolutions unless the context requires otherwise:

    Board of county commissioners, county board, board, county commission, county commissioners or commission. The term "board of county commissioners," "county board," "board," "county commission," "county commissioners," or "commission" means the board of county commissioners of Baker County, Florida.

    Circuit court. The term "circuit court" means the circuit court of the eighth judicial circuit in and for Baker County, Florida.

    Clerk of the circuit court, county clerk, clerk, clerk of the board of county commissioners. The term "clerk of the circuit court," "county clerk," "clerk," or "clerk of the board of county commissioners" means the clerk of the circuit court of the eighth judicial circuit in and for Baker County, Florida.

    Code. The term "Code" means the Code of Ordinances of Baker County, Florida, as designated in section 1-1.

    Computation of time. In computing any period of time, 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.

    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, except that in appropriate cases the terms "and" and "or" are interchangeable:

    (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 Baker County, Florida.

    State Law reference— Boundaries of county, F.S. § 7.02.

    Delegation of authority. A provision that authorizes or requires a county officer or county 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.

    F.S. The abbreviation "F.S." means the latest edition of Florida Statutes.

    Following. The term "following" means next after.

    Gender. Words of one gender include all other genders.

    Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the board of county commissioners 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.

    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.

    Month. The term "month" means a calendar month.

    Must. The term "must" is to be construed as being mandatory and not permissive.

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

    Oath. A solemn affirmation is the 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 county officers, county departments, county boards, county commissions and county 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 human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

    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 lands 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.

    Road. The term "road" means any alley, avenue, boulevard, highway, road, lane, viaduct, bridge and the approach to the road, and any other public thoroughfare in the town. The term "road" also means the entire width between abutting property lines. The term "road" includes a sidewalk or footpath.

    Shall. The term "shall" is to be construed as being mandatory and not permissive.

    Sidewalk. The term "sidewalk" means that 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. If there is no public area between the lateral lines of the roadway and the abutting property line, then the area immediately abutting the street line shall be construed as the sidewalk.

    Signature or subscription by mark. The term "signature" or "subscription" includes a mark when the signer or subscriber cannot write. In such situations, such person's name shall be written near the mark by a witness who writes his own name near such person's name.

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

    Tenant, occupant. The term "tenant" or "occupant," as applied to a building or land, includes:

    (1)

    Any person holding either alone or with others a written or oral lease of such building or land.

    (2)

    Any person who either alone or with others occupies such building or land.

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

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

    Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means.

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