§ 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 board of county commissioners. The rules of construction and definitions set out herein shall not be applied to any section of this Code which shall contain 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 board of county commissioners may be fully carried out. Terms used in this Code, unless otherwise specifically provided, shall 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 the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

Board of county commissioners. The term "board of county commissioners" shall mean the Board of County Commissioners of Marion County, Florida.

Clerk of the circuit court or county clerk. The terms "clerk of the circuit court" or "county clerk" shall mean the clerk of the Circuit Court of the Fifth Judicial Circuit in and for Marion County.

Code. The terms "Code" or "this Code" shall mean the Marion County Code 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 from the computation.

State Law reference— Similar provisions, F. Rule Civ. Proc. 1.090(a).

County. The terms "county," "the county" or "this county" shall mean the County of Marion, in the State of Florida.

County limits. The term "county limits" shall mean the legal boundaries of Marion County.

State Law reference— Boundaries of Marion County, F.S. § 7.42.

Delegation of authority. Whenever a provision appears requiring 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 or other officer 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 term "F.S." shall mean the Florida Statutes, as now or hereafter amended.

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

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

Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.

May. The word "may" shall be construed as permissive.

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

Must. The word "must" shall be construed as 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 shall be deemed to include any single person or thing.

Oath. The word "oath" includes an affirmation, and the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

State Law reference— Similar provisions, F.S. § 1.01(5).

Officer, official. Whenever reference is made to any officer, employee, department, board, commission or agency, the reference will be taken to be such officer, employee, department, board, commission or agency, of Marion County, Florida.

Or, and. "Or" may be read "and," and "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 a part of such building or land.

Person. The word "person" shall extend and be applied to 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. The word "property" shall include real and personal property.

Shall. The word "shall" shall be construed as mandatory.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

State. The terms "state," "the state" or "this state" shall mean the State of Florida.

Street, road or highway. The terms "street", "road" or "highway" shall mean:

(1)

The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic;

(2)

The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under Florida Statutes, section 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place;

(3)

Any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the state, a county, a municipality, or a political subdivision, which area is used for vehicular traffic but which is not open for vehicular operation by the general public; or

(4)

Any way or place used for vehicular traffic on a controlled access basis within a mobile home park recreation district which has been created under Florida Statutes, section 418.30 and the recreational facilities of which district are open to the general public.

State Law reference— Similar provisions, F.S. § 1.01(53).

Tenant or occupant. The terms "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 part of such building or land, either alone or with others.

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

Week. The word "week" shall be construed to mean seven (7) days.

Writing. The word "writing" includes handwriting, printing, typewriting and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials.

State Law reference— Similar provisions, F.S. § 1.01(4).

Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated.