§ 1-2. Definitions and rules of construction.  


Latest version.
  • 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 commission:

    Charter. The term "Charter" shall mean the Charter of the City of Winter Garden, Florida, printed as part I of this volume.

    City. The term "city" shall be construed as if the phrase "of Winter Garden" followed it and shall extend to its several officers, agents and employees.

    City attorney. The term "city attorney" or "city solicitor" shall be construed to mean the city attorney of the City of Winter Garden.

    City clerk. The term "city clerk" or "clerk" shall be construed to mean the city clerk of the City of Winter Garden.

    City commission. The term "city commission" or "commission" shall be construed to mean the city commission of the City of Winter Garden.

    City manager. The term "city manager" shall be construed to mean the city manager of the City of Winter Garden.

    Code. The term "Code" shall mean the Code of Ordinances, City of Winter Garden, 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 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.

    State Law reference— Similar provisions, Fla. Rules of Civ. Proc. § 1.090(a).

    County. The term "county" shall mean the County of Orange in the State of Florida.

    State Law reference— Orange County, F.S. § 7.48.

    F.S. The abbreviation "F.S." shall be construed to mean the latest edition or supplement of the official Florida Statutes.

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

    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 terms "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.

    Mayor. The term "mayor" shall be construed to mean the mayor of the City of Winter Garden.

    Month. The term "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 and thing.

    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."

    State Law reference— Oath, F.S. § 876.05.

    Officers, boards, committees, etc. The title of any office, officer, employee, board, committee or commission shall be used as though the phrase "of Winter Garden, Florida," were added. Whenever a provision appears authorizing or requiring a particular officer or employee of the city to do some act, it shall be construed to authorize the officer or employee to delegate, designate and authorize subordinates to do the act, unless the terms of the provision or section specify otherwise.

    Or, and. The term "and" may be read "or," and the term "or" may be read "and," if the sense requires it.

    Owner. The term "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 term "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 terms "preceding" and "following" mean next before and next after, respectively.

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

    Public place. The term "public place" shall mean any park, cemetery, schoolyard or open space adjacent thereto, all beaches, canals or other waterways.

    Real property. The term "real property" shall include lands, tenements and hereditaments.

    Sidewalk. The term "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. The term "signature" or "subscription" includes a mark when the person cannot write.

    State. The term "state" shall mean the State of Florida.

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

    Tenant. The term "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease 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 term "week" shall be construed to mean seven days.

    Written, 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" shall mean a calendar year.

(Code 1988, § 1-2)

State law reference

Definitions, F.S. § 1.01.