§ 1-2. Definitions and rules of construction.

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

City. The words "the city" or "this city" shall mean the City of Port Orange, Florida, and shall include the various officers and employees of the city when acting within their scope of authority for the city.

Code. The term "Code" means the Code of Ordinances, City of Port Orange, Florida, 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 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

County. The words "the county" or "this county" shall mean Volusia County, Florida.

State Law reference— Volusia County boundaries, F.S. § 7.64.

F.S. Whenever the abbreviation "F.S." is used, it shall refer to the latest edition or supplement of the Florida Statutes.

Gender. A word importing one gender only shall extend and be applied also to the other genders.

Governing body, legislative body. Whenever the words "governing body" or "legislative body" are used in this Code, they shall be construed to mean and include the city council, or other duly elected body of the city designated as the official governing body or legislative body. Likewise, when the appropriate terms, such as "city council" or "council," are used they shall refer to the governing body or legislative body of this city.

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

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

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

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

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.

Oath. The word "oath" shall be construed to 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. Reference to any officer by title shall include all deputies and assistants, and other officers, authorized to act in the premises.

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 of a part of such building or land.

Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

Personal property. The term "personal property" includes every species of property except real property, as defined in this section.

Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

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

Public place. The term "public place" shall include any park, square, street, sidewalk, cemetery, schoolyard, beach, and canal and other waterway.

Real property. "Real property" shall include lands, tenements and hereditaments.

Residence. The term "residence" shall be construed to mean the place adopted by a person as his place of habitation, and to which, whenever he is absent, he has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his residence.

Shall. The term "shall" is to be construed as being 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, excluding parkways.

Signature or subscription. A signature or subscription includes a mark when the person cannot write.

State. The words "the state" or "this state" shall be construed to mean the State of Florida.

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.

Tenant. The words "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 days.

Words and phrases, nontechnical and technical. 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.

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

Year. The word "year" shall mean a calendar year.

(Code 1981, § 1-2)