MUNICIPAL CODE CORPORATION
Tallahassee, FL
ADOPTING ORDINANCE
ORDINANCE NO. 275
AN
ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF INDIAN RIVER
SHORES, FLORIDA; RECODIFYING, RENUMBERING, REVISING AND REARRANGING
secTIONS OF THE CODE OF ORDINANCES AND OTHER EXISTING ORDINANCES OF THE
TOWN; ADDING NEW MATERIAL AND REPEALING VARIOUS ORDINANCES.
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
____________________
Mayor
SEAL
ATTEST:
Virginia L. Gilbert
____________________
Town Clerk
1st Reading 22 April, 1982
2nd Reading 20 May, 1982
