§ 10.05. DEFINITIONS.

The following Definitions shall be used in the City of Delray Beach by all elected and appointed officials, all appointed and elected boards and commissions, employees, outside vendors and consultants, and/or anyone doing business with the City of Delray Beach.

(A)

General Rule. Words and phrases shall be taken in their plain or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(B)

For the purpose of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abuse. Means the intentional, wrongful, or improper use of rank, position, or authority by elected and appointed municipal officials and employees designed to cause the loss or misuse of municipal funds or resources, to adversely affect the rights of any person, or to achieve personal gain or advantage for himself/herself or for any other persons.

City, municipal corporation, municipality or town. The City of Delray Beach, Florida.

Code, this Code, or this Code of Ordinances. This Municipal Code as modified by amendment, revision and adoption of new titles, Chapters or Sections.

County. Palm Beach County, Florida.

Fraud. To commit an intentional violation of law or a deliberate misrepresentation or concealment so as to secure unfair or unlawful financial or personal gain.

May. The act referred to is permissive.

Misconduct. Improper contact (acts or omissions) undertaken with the knowledge that the conduct violates a standard (an identifiable directive, instruction, policy, regulation, rule, statute, or other standard) or undertaken with willful disregard that the conduct violates a standard with the intent to harm or with the purpose of personal profit, advantage or gain.

Mismanagement. Means a continuous pattern of management in such a manner as to create or perpetuate waste, abuse or to contribute to acts of fraud. This term does not include management decisions which are merely debatable, nor does it include action or inaction which is inadvertent, unintentional or insubstantial.

Month. A calendar month.

Oath. 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, office, employee, Commission or department. An officer, office, employee, Commission or department of this municipality unless the context clearly requires otherwise.

Person. Extends to and includes person, persons, firm, corporation, copartnership, trustee, lessee or receiver. Whenever used in any clause prescribing and imposing a penalty, the terms "person" or "whoever" as applied to any unincorporated entity shall mean the partners or members thereof, and as applied to corporations, the officers or agents thereof.

Preceding or following. Next before or next after, respectively.

Shall. The act referred to is mandatory.

Signature or subscription. Includes a mark when the person cannot write.

State. The State of Florida.

Subchapter. A division of a Chapter, designated in this Code by an underlined heading in the Chapter analysis and a capitalized heading in the body of the Chapter, setting apart a group of Sections related by the subject matter of the heading. Not all Chapters have subchapters.

Waste. The extravagant, careless, or needless expenditure of municipal funds or consumption of municipal property that results from deficient practices, systems, controls or decisions. This term does not include management decisions which are merely debatable, nor does it include action or inaction which is inadvertent, unintentional or insubstantial.

Written. Any representation of words, letters or figures, whether by printing or otherwise.

Year. A calendar year, unless otherwise expressed; equivalent to the words "year of our Lord".

(Ord. No. 28-11, § 1, passed 9/20/11)