§ 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

Generally. When provisions conflict, the specific shall prevail over the general and the more stringent provision shall always prevail. All provisions shall be liberally construed so that the intent of the city council can 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. Grammatical errors shall not vitiate, and a transposition of words and clauses may be resorted to when the sentence or clause is without meaning as it stands. Scrivener's errors shall be ignored.

Charter. The term "Charter" means the Charter of the City of Layton, Florida.

City. The term "city" means the City of Layton, Florida.

City council, council. The term "council" or "city council" means the city council of the City of Layton, Florida.

City officers, employees, boards, committees, and commissions. References to officers, employees, boards, committees, and commissions are to city officers, city employees, city boards, city committees, and city commissions.

Code. The term "this Code" means the Code of Ordinances of the City of Layton, Florida, as designated in section 1-1.

Computation of time. In computing any period of time prescribed or allowed by this Code, 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 computed shall be included unless it is a Saturday, Sunday nor legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday nor 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 the term "or" may be read as the term "and," and the term "and" may be read as the term "or" if the sense requires it:

(1)

The term "and" indicates that all the connected terms, conditions, provisions or events apply.

(2)

The term "or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

(3)

The term "either . . . or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

County. The term "county" means Monroe County, Florida.

Delegation of authority. A provision that authorizes or requires a city officer or city 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." means the official Florida Administrative Code Annotated, as amended, containing the rules and regulations of the state regulatory agencies.

Following. The term "following" means next after.

F.S. The abbreviation "F.S." means the Florida Statutes (i.e., the official statutes of the State of Florida), as adopted and amended by the state legislature.

Gender. Words of one gender include words of all other genders.

Joint authority. All words giving a joint authority to three or more persons or officers give such authority to a majority of such persons or officers.

May. The term "may" is to be construed as being permissive.

May not. The term "may not" has a prohibitory effect and states a prohibition.

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

Must. The term "must" is to be construed as being mandatory.

Number. The singular includes the plural. The plural includes the singular.

Oath. The term "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" are equivalent to the words "affirm" and "affirmed."

Owner. The term "owner," when 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 of a part of such building or land.

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.

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

Street. The term "street" includes streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.

Tenant or occupant. The term "tenant" or "occupant," when applied to a building or land, includes any person holding a written or oral lease of, or who occupies, the whole or a 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.

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

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

State law reference

Definitions used in construing statutes, F.S. § 1.01.