Adopting Ordinance

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Tallahassee, FL



WHEREAS, the present Code of Ordinances of the Town of Indian River Shores is inadequately arranged in regard to titles, topics, and subject matter, some sections being now insufficient in form and substance for the proper preservation of the public peace, health, safety, and welfare of the Town and for the proper conduct of its affairs, and,

WHEREAS, American Legal Publishing Company has completed the recodifying, renumbering, revising and rearranging of the general and permanent ordinances of the Town in printed form pursuant to an agreement with said Company, and

WHEREAS, the recodification has been on file with the office of the Town Clerk and subject to public inspection, and,

WHEREAS, in the interest of certainty with respect to ordinance provisions and to comply with law, it is deemed necessary forthwith to publish such recodification, renumbering, revision and rearrangement of said ordinances in book form as the Code of Ordinances.

NOW THEREFORE, be it ordained by the Town Council of the Town of Indian River Shores, Florida;

section 1. Revision and recodification. The general and permanent ordinances of the Town are revised, rearranged, recompiled and renumbered as to sections into the following component titles; I, General Provisions; III, Administration; V, Public Works; VII, Traffic; IX, General Regulations; XI, Business Regulations; XIII, General Offenses; XV, Land Use.

section 2. Adoption of Codified Ordinances. The general and permanent ordinances of the Town, so revised, rearranged, recompiled and renumbered as to section and recodified, in form the same as that on file in the office of the Clerk, bearing the number the same as this ordinance, are hereby approved, adopted, and enacted, and the same shall be printed and published in book form in the manner provided in section 12 hereof as the Code of Ordinances of the Town of Indian River Shores, Florida, and when so printed, published and assembled in book form and certified as correct by the Clerk of the Town shall be admitted in evidence and accepted by the courts and all persons as to the existence, effectiveness, and regularity of all enactments so published in said book form, as of the effective date designated herein.

One copy of the Code of Ordinances, upon certification as to the correctness thereof in such book form by the Clerk of the Town shall be kept in its initial form on file in the office of the Clerk and retained as a permanent ordinance record of the Town.

section 3. Effective Date. The Code of Ordinances, consisting of the various titles as hereinbefore and therein designated, and all provisions thereof, shall take effect and be in force, at, on and after 12:01 a.m. Eastern Standard Daylight Savings time on May 27, 1982.

section 4. Other Amendments and Supplements. The Code of Ordinances may be amended or supplemented at any time and, when any amendment or supplement is adopted in such form as to indicate the intention of this Council to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the Code of Ordinances so that any reference to the Code of Ordinances shall be understood and construed as including the Code of Ordinances, and any and all such amendments and supplements thereto.

section 5. Form of Amendment or Supplement. All amendments and supplements enacted as a part of the Code of Ordinances shall be integrated therewith by following the form of arrangement and plan hereby and therein adopted. Each title shall be subdivided into chapters, and each chapter shall be subdivided into sections.

section 6. How Known and Cited. This adopting ordinance, the Code of Ordinances of the Town of Indian River Shores, Florida, hereby adopted and any and all amendments and supplements which may be adopted shall be known and referred to either as the Code of Ordinances, which shall be known and referred to as "the code," "this code," "component code," or as designated in section 1 hereof.

section 7. Master Copy. The Clerk of the Town in addition to the book form copy in its initial form to be kept on file in the Clerk's office, pursuant to section 2 hereof, shall keep a complete master copy in book form and in connection therewith or attached thereto in such form and manner as the Clerk may determine to be most easily available for most easy reference, a copy of all amendments and supplements bearing such title, chapter or section designations as may be proper. If in doubt as to such designation, the Clerk of the Town shall be guided by the advice of the Town Attorney.

section 8. Interpretation. In the interpretation of any provision of the Code of Ordinances, or of any ordinance amending or supplementing the same, general terms, phrases, and expressions therein shall be liberally construed so as to carry out the intent and meaning of this Council, and shall have the meaning commonly ascribed thereto, unless a different meaning is required by the context or to give effect to such ordinance.

The headings of sections contained in the Code of Ordinances shall be printed in all capital letters [bold face type, commencing with Supplement No. 7] and are to be deemed to be in the nature of "catch words," and in case of conflict between such heading and the contents of any section, the contents of the section shall control, notwithstanding such headings.

section 9. Separability. Each section and each part of each section of the Code of Ordinances is hereby declared to be an independent section or part of a section and notwithstanding any other evidence of legislative intent that if any such section of part of a section, or any provisions thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that the Code of Ordinances would have been adopted independently of such section, sections, or part of a section so held to be invalid.

section 10. Repeal of Prior Ordinances. The Code of Ordinances contains all of the provisions of general and permanent nature pertaining to the subjects therein enumerated and embraced. All prior ordinances, part of ordinances, and section of the prior Code of Ordinances in force, which are incorporated in or pertain to the subjects enumerated and embraced in the Code of Ordinances of the Town are hereby repealed as of 12:01 a.m. Eastern Daylight Savings Time on May 27, 1982.

section 11. Prior Ordinances not Affected by Repeal. The repeal of ordinances and Code of Ordinances sections as provided in section 10 hereof shall not affect:

(1) All ordinances of a temporary or special nature, and all other ordinances pertaining to subjects not enumerated and embraced in the Code of Ordinances;

(2) Any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accruing before May 27, 1982;

(3) Any ordinance or resolution, promising or guaranteeing the payment of money to or by the Town, authorizing the issuance of any bonds or notes of the Town or any other evidence of the Town's indebtedness, or any contract or obligation assumed by the Town;

(4) Any right or franchise conferred by any ordinance or resolution of this Council to any person or corporation;

(5) Any ordinance which may be adopted by Council after May 27, 1982.

section 12. Publication. The Clerk of the Town is authorized to sell to the public to the extent they are not needed by the Town organization, the complete set of books comprising of the Code of Ordinances, separately by volume, or by the component title, as well as supplements hereafter published, at such prices as the Clerk of the Town may from time to time determine, considering overhead, handling, and other related costs of the Town.

section 13. That this ordinance shall take effect and be in full force in the manner provided by law.

I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the Town Council on the 20 day of May 1982.

Edward J. Nolan



Virginia L. Gilbert
Town Clerk

1st Reading 22 April, 1982

2nd Reading 20 May, 1982
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