§ 1.02. Rules of Construction.

In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council:

(1)

Adult Bookstore. "Adult bookstore" is a place where books, magazines, records, photographs or moving pictures are sold, or a part of any business set aside as a place where books, magazines, records, photographs or moving pictures are sold, which has as its principal purpose the offering for sale to adults of books, magazines, records, photographs, moving pictures or other merchandise which have as their dominant or primary theme matters depicting, describing or relating to specified sexual activities.

(2)

Adult Motion Picture Theater. "Adult motion picture theater" is a place where motion pictures are shown, or a section, department, or part of any business set aside for the showing of motion pictures, which has as its principal purpose the offering for viewing to adults of motion pictures which have as their dominant or primary theme matters depicting, describing, or relating to specified sexual activities.

(3)

City. The words "the City" or "this City" shall be construed as if followed by the words "of Orlando, Florida."

(4)

City Attorney. The words "City Attorney" shall include the person designated as head of the Office of Legal Affairs.

(5)

City Health Officer. The words "City Health Officer" shall mean the City physician or such other officer designated as head of the Industrial Medical Unit.

(6)

Code. The words "the Code" or "this Code" shall mean the "Code of the City of Orlando."

(7)

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 counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

(8)

Council. Whenever the words "Council" or "the Council" are used, they shall be construed to mean the City Council of the City of Orlando.

(9)

County. The words "the County" or "this County" shall mean the County of Orange.

(10)

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

(11)

Joint Authority. Unless otherwise specifically provided, all words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

(12)

Keeper, Proprietor and Owner. The words "keeper," "proprietor" and "owner," except as regards ownership of land, shall mean and include persons, firms, associations, corporations, clubs and co-partnerships, whether acting by themselves or through a servant, agent or employee.

(13)

Mayor. The word "Mayor" shall mean the "Mayor-Commissioner" of the City.

(14)

Month. The word "month" shall mean a calendar month.

(15)

Municipal Court. Whenever in this Code the words "municipal court" may be used, same shall be construed to mean and refer to the County Court in and for Orange County, Florida.

(16)

Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing and a word importing the plural number may extend and be applied to a single person or thing.

(17)

Oath. The word "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 words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

(18)

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

(19)

Owner. The word "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 entirety, of the whole or of a part of such building or land.

(20)

Person. The word "person" shall extend and be applied to associations, firms, partnerships, joint adventures, estates, trusts, syndicates, fiduciaries and bodies politic and corporate as well as to individuals.

(21)

Personal Property. "Personal property" includes every species of property, except real property, as herein defined.

(22)

Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.

(23)

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

(24)

Real Property. "Real property" shall include lands, tenements and hereditaments.

(25)

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

(26)

Signature or Subscription. "Signature or subscription" includes a mark when the person cannot write.

(27)

Specified Sexual Activities. "Specified sexual activities" are any one or more of the following:

(a)

Depiction of human genitals in a state of sexual stimulation or arousal.

(b)

Acts of human masturbation, sexual intercourse, sodomy, masochism, sadism or sadomasochism.

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(28)

State. The words "the State" or "this State" shall be construed to mean the State of Florida.

(29)

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, causeways and all other public highways in the City and it shall also be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the City Council.

(30)

Tenant or Occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies, the whole or a part of such building or land, either alone or with others.

(31)

Time. "Time" shall mean words used in the past or present tense include the future as well as the past and present.

(32)

Written or In Writing. "Written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

(33)

Year. The word "year" shall mean a calendar year, except where otherwise provided.

(Code 1948, § 101; Ord. of 6-4-1979, § 1; Ord. of 1-5-1981, § 1; Ord. of 10-11-1982, Doc. #17335)