§ 1-2. Definitions and rules of construction.

(a)

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

General rule. All words and phrases shall be construed and understood 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 the law shall be construed and understood according to such peculiar and appropriate meaning.

Acts by agents. When any provision of this Code requires an act to be done which may by law as well be done by an agent as by the principal such requisition shall be construed to include all such acts when done by an authorized agent.

Agencies, officers. Any reference to any local, state or federal agency or officer shall include any successor agency or officer.

Charter. The term "Charter" means the Charter of the Town of Fort Myers Beach as adopted by the electors, and any amendments thereto, a copy of which is printed in part I of this volume.

Code. Reference to "this Code" or "the Code" means the Code of Ordinances, Town of Fort Myers Beach, Florida, as designated in section 1-1.

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be excluded in computing the time, but the day on which such proceeding is to be had shall be included. Whenever any act required to be done pursuant to the provisions of this Code falls on a Sunday or legal holiday, that act shall be performed on the next succeeding business day.

County. The term "the county" or "this county" means Lee County, Florida.

F.A.C. The abbreviation "F.A.C." means the latest edition of the Florida Administrative Code, as supplemented or amended.

F.S. The abbreviation "F.S." means the latest edition of the Florida Statutes, as supplemented or amended.

Gender. Any word importing the masculine gender shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Health department. The term "health department" means the Lee County Health Department.

Interpretation. In the interpretation and application of any provision, it 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 imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be controlling.

Joint authority. All words purporting to give a joint authority to three or more town officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the provisions giving the authority.

May. The term "may" is always directory and not mandatory.

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

Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

Oath. The term "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 terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

Officers, departments, etc. Except as otherwise specifically provided, whenever any officer, department, board, commission or other agency is referred to by title alone, such reference shall be construed as if followed by the words "of the Town of Fort Myers Beach, Florida."

Or, and. 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.

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

Person. The term "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals. Whenever used with respect to any penalty, the term "person," as applied to partnerships or associations, means the partners or members thereof, and as applied to corporations, the officers thereof.

Personal property. The term "personal property" shall extend and be applied to every species of property except real property.

Reasonable time. In all cases where any provisions shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.

Shall/will. The terms "shall" and "will" are always mandatory and not directory.

Shall have been. The term "shall have been" includes past and future cases.

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

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

Time standard. Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time as may be in current use in the town.

Town. The term "the town" or "this town" shall be construed as if the words "of Fort Myers Beach, Florida" followed the word "town," and shall extend to and include its several officers, agents and employees.

Town council. The term "town council" shall be construed to mean the town council of the Town of Fort Myers Beach, Florida.

Week. The term "week" shall be construed to mean seven days; but publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion in each week, unless specifically stated to be for each day of the week or for more than one day in each week.

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 term "year" means a calendar year.

(b)

The rules of construction set forth in subsection (a) of this section shall not be applied to any chapter or article of this Code which shall contain any express provision excluding such construction, or when the subject matter or context of such chapter or article may be repugnant thereto.

State law reference

Construction of statutes, F.S. § 1.01 et seq.