This chapter is chapter 62 of the Code of Ordinances of Brevard County, Florida, notwithstanding the fact that it is published in a separate volume from the remainder of such Code.

In the construction of this chapter, the rules and definitions set out in this section shall be observed, unless such construction would be inconsistent with the manifest intent of the board of county commissioners. The rules of constructions and definitions set out in this section shall not be applied to any section of this chapter which shall contain any express provisions excluding such construction, or where the subject matter or context of such section may be repugnant thereto.

Generally. All general provisions, terms, phrases and expressions contained in this chapter shall be liberally construed in order that the true intent and meaning of the board of county commissioners may be fully carried out. Terms used in this chapter, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the state for such terms. In the interpretation and application of any provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this chapter imposes greater restrictions upon the subject matter than the general provision imposed by this chapter, the provision imposing the greater restriction or regulation shall be deemed to be controlling. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, map, chart, summary table or illustrative table, the text shall control.

Clerk of the board of county commissioners. "Clerk of the board of county commissioners" means the clerk of the circuit court of the 18th Judicial Circuit in and for Brevard County.

State Law reference— Clerk of circuit court to be clerk to board of county commissioners, F.S. § 125.17.

Clerk of the circuit court and county clerk. "Clerk of the circuit court" and "county clerk" mean the clerk of the circuit court of the 18th Judicial Circuit in and for Brevard County.

Code. "Code" means the Code of Ordinances of Brevard County, Florida, as designated in section 1-1.

Computation of time. The time within which an act is to be done shall be computed as provided in the Florida Rules of Civil Procedure (RCP).

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

(1)

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

(2)

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

(3)

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

County. "County" means Brevard County, Florida.

Delegation of authority. Whenever a provision appears requiring the head of a department or some other county officer or county employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

F.A.C. "F.A.C." means the Florida Administrative Code, as amended.

F.S. "F.S." means the latest edition of Florida Statutes, as amended.

Gender. Words importing the masculine gender shall include the feminine and neuter.

Includes and including. "Include" and "including" shall not be construed to limit a term to the specified examples, but are intended to extend the meaning of the term to all instances or circumstances of a like kind or character.

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. "Keeper" and "proprietor" mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.

May. "May" is to be construed as being permissive.

Month. "Month" means 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 or thing. The use of the plural number shall be deemed to include any single person or thing.

Oath. "Oath" includes 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."

Officer and official. Whenever reference is made to any officer or official, the reference will be taken to be to such officer or official of Brevard County, Florida.

Ordinance. "Ordinance" means any ordinance of Brevard County and all amendments thereto.

Owner. "Owner," applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

Person. "Person" shall extend and be applied to individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and legal entities or combinations thereof.

Property. "Property" includes real and personal property.

Shall. "Shall" is to be construed as being mandatory.

Sidewalk. "Sidewalk" means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

State. "State" means the State of Florida.

Street. "Street" means any street, avenue, boulevard, road, alley, viaduct or other public highway in the county.

Tenant and occupant. "Tenant" and "occupant," as applied to a building or land, include any person holding a written or oral lease of or occupying the whole or part of such building or land, either alone or with others.

Transit stop. A site designated and approved by a public transit agency (other than that used for the transportation of children to and from school) for the purpose of an area where passengers wait for, board, alight, and transfer between transit vehicles. Such sites shall include, but not be limited to, designated Space Coast Area Transit bus stops.

Week. "Week" means seven days.

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

Year. "Year" means a calendar year, unless a fiscal year is indicated.

(Ord. No. 2023-28, § 1, 10-24-23; Ord. No. 2024-19, § 1, 8-27-24)

(a)

The catchlines of the several sections of this Code set in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, or any part of such sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(b)

The history notes or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect, but are merely intended to indicate the sources of matter contained in the section. Cross references, editor's notes and state law references which appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.

(c)

All references to chapters, articles or sections are to the chapters, articles and sections of this Code unless otherwise specified.

Pursuant to F.S. ch. 163, pt. II (F.S. § 163.3161 et seq.), also known as the Local Government Comprehensive Planning and Land Development Regulation Act, and F.S. ch. 125, entitled "County Government," the county is hereby authorized and empowered to adopt and enforce land development regulations for the unincorporated areas of the county which are based on, related to and serve as a means of implementation of the county comprehensive plan.

(Code 1979, § 14-1)

(a)

In this section, the term "violation of this Code" or "violation" means:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the term "violation of this Code" or "violation" does not include the failure of a county officer or county employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.

(c)

Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for a term not exceeding 60 days, or by both such fine and imprisonment. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

(d)

The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise, the imposition of civil fines or other administrative actions, including action pursuant to F.S. ch. 162.

(e)

The board of county commissioners is authorized and empowered to institute legal proceedings in the circuit court of the county for the purpose of obtaining injunctive relief and such other relief as may be proper under the law against violators of this Code.

(Code 1979, § 14-9)

State Law reference— Penalty for ordinance violations, F.S. § 125.69.

The violation of any of the codes, regulations, restrictions and limitations promulgated under the provisions of article VI of this chapter, pertaining to zoning, article VII of this chapter, pertaining to subdivisions, or article IX of this chapter, pertaining to signs, may be restricted by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law, and such suit or action may be instituted and maintained by the board of county commissioners, by any taxpayer within the county or by any person affected by the violation of any such regulation, restriction or limitation.

(Code 1979, § 14-10)

It is declared to be the intent of the board of county commissioners that if any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this chapter, and it shall be construed to have been the legislative intent to pass this chapter without such unconstitutional, invalid or inoperative part therein, and the remainder of this chapter, after the exclusion of such part or parts, shall be deemed and held to be valid as if such part or parts had not been included in this chapter. If this chapter or any provision thereof shall be held inapplicable to any person, group of persons, property or kind of property, or circumstances or set of circumstances, such holding shall not affect the applicability of this chapter to any other person, property or circumstances.

The provisions appearing in this chapter, so far as they are the same as those of ordinances existing at the time of the adoption of this chapter, shall be considered as a continuation thereof and not as new enactments.