§ 1-2. Rules of construction and definitions.  


Latest version.
  • 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. Words and terms used in this Code, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the state for the same words and terms. Words and terms not defined shall be construed to have the meanings given by common and ordinary use as defined by the latest edition of Webster's Dictionary.

    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.

    State Law reference— Construction of statutes, F.S. Ch. 1.

    Board of county commissioners or county commissioners or board. The term "board of county commissioners" or "county commissioners" or "board" shall mean the board of county commissioners of Okaloosa County, Florida.

    Building official. The term "building official" shall mean the county officer or employee charged with administration and enforcement of the county's building and construction codes. The term includes authorized agents and representatives of such officer or employee.

    Clerk of the circuit court or county clerk. The term "clerk of the circuit court" or "county clerk" shall mean the clerk of the circuit court of the first judicial circuit in and for Okaloosa County.

    Code. The term "Code," "the Code," "this Code" or "Code of Ordinances" shall mean the Code of Ordinances of Okaloosa County 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 term "county," "the county," or "this county" shall mean Okaloosa County, Florida.

    County limits. The term "county limits" shall mean the legal boundaries of Okaloosa County, Florida.

    State Law reference— Boundaries of Okaloosa County, F.S. § 7.46.

    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.

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

    Health department. The term "health department" or "county health department" shall mean the county public health unit organized pursuant to Florida Statutes, Chapter 154, Part I [F.S. Section 154.001 et seq.].

    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. 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" is to be construed as being permissive.

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

    Municipality. The word "municipality" mean any city, village, or town in Okaloosa County, Florida.

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

    Nontechnical words 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" 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 or official. Whenever reference is made to any officer or official, the reference will be taken to be such officer or official of Okaloosa County, Florida.

    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 combination thereof; and includes any trustee, receiver, assignee, or other similar representative 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" 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.

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

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

    Tenant or occupant. The term "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 present tense shall include the future tense.

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

    Written or in writing. The term "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, unless a fiscal year is indicated.