§ 1-2. Rules of construction and definitions.

In the construction of the ordinances in 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 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 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 such terms.

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.

In case of any difference of meaning or implication between the text of this Code and any caption, illustration, map, chart, summary table or illustrative table, the text shall control.

Board of county commissioners. "Board of county commissioners" means the board of county commissioners of Brevard County, Florida.

Clerk of the board of county commissioners. "Clerk of the board of county commissioners" shall mean the Clerk of the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County.

State Law reference— Clerk of circuit court to be clerk to board of county commissioners, F.S. § 125.17.

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 Eighteenth Judicial Circuit in and for Brevard County.

Code. "Code" shall mean the Code of Ordinances of Brevard County, Florida, as designated in section 1-1.

Computation of time. The time within which an act is to be done shall be computed as provided in the Florida Rules of Civil Procedure (RCP).

Conjunctions. Unless the context clearly indicates the contrary, where a regulation 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 items, conditions, provisions or events shall apply.

(2)

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

(3)

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

County. "County" shall mean Brevard County, Florida.

Delegation of authority. Whenever a provision appears requiring the head of a department or some other county officer or county employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer or employee 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.A.C. "F.A.C." shall mean the Florida Administrative Code, as amended.

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

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

Includes or including. "Includes" or "including" shall not be construed to limit a term to the specified examples, but is intended to extend the meaning of a term to all 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 and proprietor. "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. "May" is to be construed as being permissive.

Month. "Month" shall mean a calendar month.

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 or thing. The use of the plural number shall be deemed to include any single person or thing.

Oath. "Oath" shall include 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 Brevard County, Florida.

Ordinance. "Ordinance" shall mean any ordinance of Brevard County and all amendments thereto.

Owner. "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. "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.

Property. "Property" shall include real and personal property.

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

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

State. "State" shall mean the State of Florida.

Street. "Street" shall mean 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, shall include any person holding a written or oral lease of or occupying the whole or part of such building or land, either alone or with others.

Week. "Week" shall mean seven days.

Written or in writing. "Written" or "in writing" shall be construed to include any representation of words, letters or figures whether by printing or otherwise.

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