§ 1.102. Definitions and rules of construction  


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  • The following definitions and rules of construction shall apply to this Code and to all ordinances, resolutions and rules and regulations of the City unless the context requires otherwise:

    (a) Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the City Council may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. This Code shall be interpreted and applied so as to be the minimum requirements adopted by the promotion of the public health, safety, comfort, convenience and general welfare.

    (b) Agency or agency of the City; Department or executive department of the City. The terms "agency" and "agency of the City" mean any unit of the Consolidated Government established by the Charter or created by ordinance and empowered to act on behalf of the City, and the terms "department" and "executive department" mean any unit of the Consolidated Government established by the Charter or created by ordinance and empowered to act on behalf of the City.

    (c) Board or commission. The term "board" or "commission" means any of the agencies established in Title IV, an advisory or regulatory board created in Title III, the Charter Revision Commission and the Property Appraisal Adjustment Board.

    (d) Real estate boundaries. The following rules of construction shall apply to descriptions of real estate:

    (1) Except as stated otherwise below, boundaries shall be construed as following the centerline of the feature or reference and if they are indicated as following:

    (i) A street, alley or other thoroughfare;

    (ii) A river, stream, canal or other flowing body of water;

    (iii) A railroad, utility or drainage right-of-way or easement; or

    (iv) Another natural or artificial feature or reference possessing or characterized by width, either actually as it exists on the ground or graphically as it is portrayed on a map or chart.

    (2) Boundaries referencing the centerline of a street, alley or other thoroughfare, or a railroad, utility or drainage right-of-way or easement; shall be construed as following the centerline as it exists on the ground if they are indicated as following any of the items listed below. In the case of closure or abandonment of the street, alley or other thoroughfare or right-of-way or easement, the boundary shall be construed as remaining in its location except where ownership of the vacated thoroughfare, right-of-way or easement is divided other than at the center, in which case the boundary shall be construed as moving with the ownership but not beyond the previous right-of-way line.

    (3) Boundaries indicated as following the centerline of a river, stream, canal or other flowing body of water or as following the shoreline of a body of water shall be construed as following the actual centerline or shoreline as it exists on the ground. In the case of a change in the shoreline or in the course or extent of a body of water, the boundary shall be construed as moving with the change.

    (4) Boundaries indicated as entering a body of water but not continuing to an intersection with other natural or artificial features or boundaries shall be construed as extending in the direction in which they enter the body of water to an intersection with other natural or artificial features or boundaries or with the City limits, whichever first occurs.

    (5) Boundaries indicated or following physical features other than those listed in subsection (1) shall be construed as following those features as they exist on the ground. In the case of a change in the configuration of a physical feature, the boundary shall be construed as moving with the change.

    (6) Boundaries indicated as following lot lines, public property lines and the like shall be construed as following these lines as they appear in the public records of Duval County or, if not recorded in the public records of Duval County, as they appear on the map, chart, survey or other document or paper referred to in the description.

    (7) Directions indicated as running northerly, southerly or the like shall be construed as running approximately in these directions.

    (8) In descriptions having to do with the zoning of real property, boundaries and changes in boundaries shall be interpreted so as to avoid changing the zoning status of a lot or parcel, except where a particular lot or parcel is rezoned to a different classification.

    (e) Charter. The term "Charter" means the organic law of the City, being Laws of Fla. Ch. 67-1320, as readopted by Laws of Fla. Ch. 92-341, and as amended from time to time by the Legislature, the Council or the people.

    (f) City. The term "city" means the City of Jacksonville, Florida.

    (g) City Council, Council. The terms "City Council" and "Council" mean the City Council of the City of Jacksonville, Florida.

    (h) Code. The term "Code" means the Ordinance Code of the City of Jacksonville, as designated in Section 1.101.

    (i) Computation of time. In computing any period of time, 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.

    (j) Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either… or," the conjunction shall be interpreted as follows:

    (1) "And" indicates that all the connected terms, conditions, provisions or events apply.

    (2) "Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.

    (3) "Either…or" indicates that the connected terms, conditions, provisions or events apply singly but not in combination.

    (k) Consolidated Government. The term "Consolidated Government" means the government of the City.

    (l) County. The term "county" means Duval County, Florida.

    (m) Day. The term "day" means a period of 24 hours. Fractions of a day shall not be regarded except where the ordinance, rule, regulation or order expressly requires the determination of the precise time of day.

    (n) Delegation of authority. A provision that authorizes or requires a City officer or City employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.

    (o) Executive. The term "executive" pertains to that branch of the Consolidated Government that is responsible for carrying the laws into effect, securing their due observance and managing the daily functioning of the Consolidated Government.

    (p) Executive officer. The term "executive officer" means the Mayor, the Chief Administrative Officer, a director or deputy director of an executive department, a chief of a division of an executive department or one of the independent elected officers and no other official or employee of the City.

    (q) Former governments. The term "former governments" means the County government of Duval County, the former government of the City of Jacksonville, the Duval County Air Improvement Authority, the East Duval County Mosquito Control District and the Northeast Duval County Mosquito Control District and all boards, bodies, officers and agencies of any of them, as they existed on September 30, 1968 and were abolished on October 1, 1968.

    (r) F.S. The abbreviation "F.S." refers to the latest edition of Florida Statutes.

    (s) General Services District. The term "General Services District" means the total area of the County.

    (t) Gender. Words of one gender include all other genders.

    (u) Heretofore. The term "heretofore" means at some previous time and refers to the passage of time.

    (v) Hereafter. The term "hereafter" means at some future time and refers to the passage of time.

    (w) Hereinabove, hereinafter. The terms "hereinabove" and "hereinafter" mean at some preceding or succeeding location, respectively, and:

    (1) When used in the main body of a section, refer to a preceding or succeeding section within the same chapter or to a particular preceding or succeeding section when so designated; or

    (2) When used in a subsection or other subdivision of a section, refer to a preceding or succeeding subsection or other subdivision of the same section.

    (x) Includes. The term "includes" does not limit a term to a specified example.

    (y) Independent agency. The term "independent agency" means the Duval County Hospital Authority, the Duval County School Board, the Jacksonville Downtown Development Authority, the JEA, the Jacksonville Port Authority and the Jacksonville Transportation Authority.

    (z) Independent elected officer. The term "independent elected officer" means the Sheriff, the Property Appraiser, the Tax Collector and the Supervisor of Elections.

    (aa) Joint authority. Words giving a joint authority to three or more persons give such authority to a majority of such persons.

    (bb) Judicial. The term "judicial" pertains to that branch of the Consolidated Government that is responsible for the administration of justice.

    (cc) Law. The term "law" denotes and includes the Constitution and laws of the United States, the Constitution and laws of the state, the Charter and ordinances of the City, court decisions and, where appropriate, rules and regulations made pursuant to federal, state or City laws and having the force of law.

    (dd) Legislative. The term "legislative" pertains to that branch of the Consolidated Government that is responsible for the enacting or adopting of ordinances or resolutions and the establishing of general policies and procedures.

    (ee) Legislature. The term "Legislature" means the Legislature of the State of Florida.

    (ff) May. The term "may" is to be construed as being permissive and not mandatory.

    (gg) Mayor. The term "Mayor" means the Mayor of the City of Jacksonville.

    (hh) Month. The term "month" means a calendar month or the period of time between a given day and the corresponding day of the next preceding or succeeding month by name.

    (ii) Number. Words in the singular include the plural. Words in the plural include the singular.

    (jj) Oath. A solemn affirmation is the equivalent to an oath and a person shall be deemed to have sworn if such person makes such an affirmation.

    (kk) Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such property.

    (ll) Person. The term "person" means any human being, any governmental or political subdivision or public agency, any public or private corporation, any partnership, any firm, association or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing or any other legal entity.

    (mm) Personal property. The term "personal property" means any property other than real property.

    (nn) Premises. The term "premises," as applied to real property, includes land and structures.

    (oo) Property. The term "property" includes real property, personal property and mixed property.

    (pp) Public records of Duval County. The term "public records of Duval County" means the Official Records volumes established and maintained by the Clerk of the Circuit and County Courts, as County Recorder, pursuant to the requirements of F.S. §§ 28.222 and 28.223, together with all Plat Books, Deed Books, Lien Books and similar records now or formerly kept as official records in Duval County.

    (qq) Real property. The term "real property" includes lands, tenements and hereditaments.

    (rr) Residence. The term "residence" means the place adopted by a person as his habitation, 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 he sleeps is his residence.

    (ss) References to officers, departments, etc. References to officers, departments, boards, councils or employees are to City officers, City departments, City boards, City councils and City employees.

    (tt) Shall. The term "shall" is to be construed as being mandatory.

    (uu) Sidewalk. The term "sidewalk" means all types of pavements designed for pedestrian traffic.

    (vv) Signature or subscription by mark. The terms "signature" and "subscription" include a mark when the signer or subscriber cannot write. In such situations, such person's name shall be written near the mark by a witness who writes his own name near such person's name.

    (ww) Street. The term "street" means any street, avenue, boulevards, road, alley, lane, viaduct and any other public highway in the City.

    (xx) State. The term "state" means the State of Florida.

    (yy) Tenses. The present tense includes the past and future tenses. The future tense includes the present tense.

    (zz) Unit of government or unit. The term "unit of government" or "unit" of the Consolidated Government means one of the subdivisions into which the legislative, judicial or executive branch is divided, by rule, court order, executive order, ordinance or the Charter.

    (aaa) Urban services districts. The term "urban services districts" means those areas of the County which, on September 30, 1968, were included within the corporate limits of the five municipalities then existing within the County, together with the area into which any one or more of them may be expanded or consolidated from time to time as provided in the Charter, and:

    (1) First Urban Services District means the area included within the corporate limits of the former City of Jacksonville.

    (2) Second Urban Services District means the area included within the corporate limits of the City of Jacksonville Beach.

    (3) Third Urban Services District means the area included within the corporate limits of the City of Atlantic Beach.

    (4) Fourth Urban Services District means the area included within the corporate limits of the City of Neptune Beach.

    (5) Fifth Urban Services District means the area included within the corporate limits of the Town of Baldwin.

    (bbb) Week. The term "week" means a period of seven consecutive days.

    (ccc) Will. The term "will" is to be construed as being mandatory.

    (ddd) Writing. The term "writing" includes any form of recorded message capable of comprehension by ordinary visual means.

    (eee) Year. The term "year" means a calendar year or the period of time between a given day and the corresponding day of the twelfth preceding or succeeding month by name.

(Ord. 2011-732-E, § 1)