13-018 I II
1 ORDINANCE NO. 13 -018
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH
4 AMENDING SECTION 1 -2 OF THE CODE OF
5 1 1 ' ORDINANCES REGARDING RULES OF
6 i CONSTRUCTION; PROVIDING THAT THE RULES OF
7 I 1 CONSTRUCTION APPLY TO THE CITY CODE,
8 CHARTER, ORDINANCES AND RESOLUTIONS;
9 PROVIDING FOR DELETION OF THE TERM(S)
10 "OFFICER/AGENCY" PROVIDING SEPARATE
11 DEFINITIONS FOR THE WORDS "OR" AND "AND ";
12 PROVIDING FOR A UNIFORM RULE FOR THE
13 DEFINITION OF "COMPUTATION OF TIME ";
14 PROVIDING FOR ADDITION OF A DEFINITION OF
15 THE WORD "SHALL "; PROVIDING FOR OTHER
16 MINOR CORRECTION IN TERMS AND PHRASES;
17 PROVIDING FOR CONFLICTS, PROVIDING FOR
18 SEVERABILITY, PROVIDING FOR CODIFICATION,
19 AND PROVIDING FOR AN EFFECTIVE DATE.
20 .
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22 WHEREAS, the City Commission finds it in the interest of the public to modify the
23 rules of construction used to interpret, bring clarity to, and apply provision of the City
24 Charter, City Code, ordinances and Resolution.
25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
26 ' CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
28 Section 1. The foregoing whereas clauses are true and correct and are now ratified
29 and confirmed by the City Commission.
30 Section 2. Part II, Chapter 1, "General Provisions ", Section 1 -2, of the City's
31 , Code of Ordinances is hereby amended to read as follows:
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32 1 Section 1 -2. Rules of construction
33 1
34 In the construction of the Citythis Code, Charter, and of all ordinances and resolutions, the
35 following rules shall be observed, unless the context clearly indicates otherwise:
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1 1 lnd . The word "and" means in addition to. Example: An applicant must submit a driver's
2 license and birth certification as means of identification. Interpretation: an applicant must
3 submit both of the two documents. Compare "or" below.
4 City. The words "the city" or "this city" shall be construed as if the words "of Boynton
5 Beach" followed it and shall extend to and include its several officers, agents and employees.
6 City council /commission. Whenever the words "city council" are used, they shall be
7 I construed to mean the city council otcommission of the City of Boynton Beach, and all
8 references within the Charter and Code of Ordinances of the City of Boynton Beach to the
9 term "city council" are henceforth defined as synonymous to the term "city commission "; and
10 further, that any reference to the term "councilman" shall be synonymous to the term
11 "commissioner" as provided for in Ordinance No. 87 -4.
12 Code 1958. Any reference herein to "Code 1958" shall be construed to mean the "Code of
13 Ordinances, City of Boynton Beach, Florida ", adopted October 20, 1958, by Ordinance
14 Number 315, as from time to time amended and supplemented through and including
15 Ordinance Number 77 -37, adopted January 3, 1978.
16 Computation of time. In computing any period of time prescribed or allowed by this Code,
17 the day of the act, event or default from which the designated period of time begins to run
18 shall not be included. The last day of the period so computed shall be included unless it is a
19 Saturday, Sunday or legal holiday in which event the period shall run until the end of the next
20 day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed
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23 County. The words "the county" or "this county" shall mean the county of Palm Beach.
24 Gender A word importing the masculine gender only may extend and be applied to
25 females and to firms, partnerships and corporations as well as to males.
26 Number A word importing the singular number only may extend and be applied to several
27 persons and things as well as to one person and thing.
28 Oath. The word "oath" shall be construed to include an affirmation in all cases in which,
29 by law, an affirmation may be substituted for an oath, and in such cases the words "swear" or
30 "sworn" shall be equivalent to the words "affirm" and "affirmed."
31 Officers, agencies • , , • - . - - . • -
32 .. ' . " -e mayor ". the city -clerk "planning and zoning hoard"', and so forth.
33 such reference shall he construed to mean such officer or age - --
34 the dul■ authorized subordinates or personnel of such officer or agencti .
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1 Or. The word "or' means in the alternative. Example:An applicant must submit a driver's
2 license or birth certification as means of identification. Interpretation: an applicant need only
3 submit one of the two documents.
5 Owner. The word "owner," applied to a building or land, shall include any part owner,
6 joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of
7 the whole or of a part of such building or land.
8 Person. The word "person" shall extend and be applied to associations, clubs, societies,
9 firms, partnerships, co- partnerships, and bodies politic and corporate as well as to individuals.
10 Personal property includes every species of property except real property.
11 Shall. The word "shall is mandatory. When used is connection with action required by the
12 City Commission it denotes required and therefore ministerial action not subject to
13 discretionary application.
14 State The words "the state" or "this state" shall be construed to mean the State of Florida.
15 Tense. Words used in the present or past tense include the future as well as the present or
16 past.
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19 Section 3. Each and every other provision of the City of Boynton Beach Code of
20 Ordinances not herein specifically amended, shall remain in full force and effect as originally
21 adopted.
22 Section 4. If any clause, section, or other part or application this Ordinance shall
23 be held by any Court of competent jurisdiction to be unconstitutional or invalid, such
24 unconstitutional or invalid part or application shall be considered as eliminated and so not
25 affecting the validity of the remaining portions or applications remaining in full force and
26 effect.
27 Section 5. All Ordinances or parts of Ordinances in conflict herewith be and the
28 same are repealed to the extent of such conflict.
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1 Section 6. It is the intention of the City Commission of the City of Boynton Beach
2 that the provisions of this Ordinance shall become and be made a part of the Code of
3 Ordinances of the City of Boynton Beach, Florida, and that the Sections of this Ordinance
4 may be renumbered, or re lettered and the word "Ordinance" may be changed to "Section ",
5 "Article" or such other word or phrase in order to accomplish such intention.
6 Section 7. This Ordinance shall become effective immediately upon its passage
7 and adoption.
8 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
9 BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF
10 JUNE, 2013.
PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, ON THE SECOND AND FINAL READING, THIS 18 DAY OF
JUNE, 2013.
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12 CITY OF BOYNTON BEACH, FLORIDA
13 , i
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15 ayor - J Ta r
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_idic_-_e_eT-e - 4 _4, di
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181 Vi e Mayor - drow L. Hay
19 --
20 C.__
21 Com ' \ \
er - David ' Merk r
22 -
23 k(,
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24 C missio -Mica . Fitzpatrick
25
26 ATTEST:
27 I * • Co issioner- Joe Casello
28 � ' /9LC24-140
29' t M. Prainito, MMC
30 ' ty Clerk
31 ' N O �
32 ', c''-:�''.
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34 ,a
35 „',,
36 • \Or ces \Or e - Rules of Construction of the Code doc
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