§ 2-202. Rules of construction.  


Latest version.
  • Unless otherwise stated in this article, the following rules of construction shall apply to the text of this article:

    (1)

    The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

    (2)

    The word "person" includes any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or other entity whatsoever, or any combination of such, jointly or severally.

    (3)

    Unless context clearly indicates to the contrary, where regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", or "either . . . or", the conjunction shall be interpreted as follows:

    a.

    "And" indicates that all the connected terms, conditions, provisions, or events shall apply.

    b.

    "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

    c.

    "Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

    (4)

    This article (sections 2-201 through 2-211) is enacted pursuant to Part II of Chapter 162, F.S. and shall be considered the City's procedural implementation of the provisions of F.S. § 162.21, hereby incorporated herein by reference. This article is also enacted pursuant to the City's home rule authority under Article VIII, §2(b) of the Florida Constitution as implemented by Chapter 166, F.S. and shall be liberally construed to effectuate the public purpose of remedying violations of the City's duly enacted ordinances, whether codified or otherwise.

    (5)

    A person shall be considered to have committed an act in violation of a code or ordinance of the City, pursuant to F.S. §§ 162.21(3)(a) and 162.21(5)(d) if that person:

    a.

    Actually committed a violation of any of the City's codes or ordinances;

    b.

    Is responsible for a violation of any of the City's codes or ordinances by virtue of ownership or possession of real property upon which a violation occurs, including, but not limited to, the owners of real property upon which a violation occurs, and such owners' agents, officers, employees, tenants or occupants; or

    c.

    Is responsible for a violation of any of the City's codes or ordinances by virtue of ownership or possession of personal property used in the commission of a violation of any of the City's codes or ordinances including, but not limited to, the owners of personal property used in the commission of a violation of the City's codes or ordinances, and such owners' agents, officers, employees or lessees.

    (6)

    The provisions of this article are an additional and supplemental means of enforcing City codes and ordinances. Nothing contained herein shall prohibit the City from enforcing its codes or ordinances by any other means.

(Ord. No. O-09-38, § 1, 9-28-09)