CODE OF ORDINANCES TOWN OF SEWALL'S POINT, FLORIDA
____________
Adopted: February 29, 2000
____________
Published in 2000 by Order of the Town Commission
____________
OFFICIALS
of the
TOWN OF
SEWALL'S POINT, FLORIDA
AT THE TIME OF THIS CODIFICATION
____________
Jon E. Chicky, Sr.
Mayor
____________
Robert M. Wienke
Vice Mayor
____________
Dawson C. Glover, III
Cyrus Kissling
Donald B. Winer
Town Commission
____________
Tim B. Wright
Town Attorney
____________
Joseph C. Dorsky
Town Manager
____________
Joan H. Barrow
Town Clerk
CURRENT OFFICIALS
of the
TOWN OF
SEWALL'S POINT, FLORIDA
____________
Robert M. Wienke
Mayor
____________
Marc S. Teplitz
Vice Mayor
____________
Dawson C. Glover, III
Thomas P. Bausch
E. Daniel Morris
Town Commission
____________
Tim B. Wright
Town Attorney
____________
Joseph C. Dorsky
Town Manager
____________
Joan H. Barrow
Town Clerk
PREFACE
This Code constitutes a recodification of the general and permanent ordinances of the Town of Sewall's Point, Florida.
Source materials used in the preparation of the Code were the 1978 Code, as supplemented through November 8, 1995, and ordinances subsequently adopted by the town commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1978 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 CHARTER COMPARATIVE TABLES CHTCT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Susan K. Glant, J.D., Supervising Editor, and Connie Timmons, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Donald B. Winer, Town Commissioner, Joan H. Barrow, Town Clerk and Tim B. Wright, Town Attorney for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the town readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the town's affairs.
ORDINANCE NO. 282
AN ORDINANCE OF THE TOWN OF SEWALL'S POINT, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE TOWN OF SEWALL'S POINT, FLORIDA; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; PROVIDING FOR SEPARATION IN THE EVENT A SECTION OR PORTION IS DECLARED TO BE UNCONSTITUTIONAL; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Sewall's Point, Florida, has contracted with Municipal Code Corporation to analyze its Code, restructure the Code and reorganize the Code so the Code is easier to read and understand; and
WHEREAS, it is in the interest of the health, safety, and welfare of the Town of Sewall's Point, Florida, to have a well organized, readable, and understandable Code.
NOW, THEREFORE, BE IT ENACTED BY THE TOWN COMMISSION OF THE TOWN OF SEWALL'S POINT, FLORIDA, AS FOLLOWS:
The draft of the Code of Ordinances attached to this Ordinance as Exhibit "A," is hereby adopted and enacted as the "Town of Sewall's Point Code of Ordinances" and shall be treated and considered as a new and original comprehensive ordinance which shall supercede all other general and permanent ordinances passed by the Town on or before February 29, 2000, except those ordinances and resolutions which are expressly saved from repeal or continued in force and effect as provided in Exhibit "A."
SEPARATION.
If any section, sentence, clause, phrase or word of this Ordinance 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 Ordinance, and it shall be construed to have been the intent of the Board to adopt this Ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Ordinance 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 herein. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, groups of persons, property, kind of property, circumstances or set of circumstances, such holdings shall not affect its applicability to any other person, property or circumstances.
REPEAL.
Town ordinances and Town resolutions, or parts thereof, in conflict with this Ordinance are hereby abolished and repealed to the extent of such conflict.
INCORPORATION IN TOWN CODE.
Provisions of this Ordinance shall be incorporated in the Town Code and the word "Ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this Ordinance may be renumbered or relettered to accomplish such intention.
EFFECTIVE DATE.
This Ordinance shall become effective immediately upon adoption.
Commissioner Winer, offered the foregoing Ordinance, and moved its adoption. The motion was seconded by Commissioner Glover and upon being put to a vote, the vote was as follows:
AYE NAY JON E. CHICKY, SR., Mayor ;check; _____ ROBERT M. WIENKE, Vice Mayor ;check;; _____ DAWSON C. GLOVER, III, Commissioner ;check; _____ CYRUS KISSLING, Commissioner ;check; _____ DONALD B. WINER, Commissioner ;check; _____ Passed first reading at the regular meeting of the Town Commission held on the 15th day of February, 2000.
The foregoing Ordinance was offered for its second reading, and being put to a vote, the vote was as follows:
AYE NAY JON E. CHICKY, SR., Mayor ;check; _____ ROBERT M. WIENKE, Vice Mayor ;check; _____ DAWSON C. GLOVER, III, Commissioner ;check; _____ CYRUS KISSLING, Commissioner ;check; _____ DONALD B. WINER, Commissioner ;check; _____ Passed second reading at the regular meeting of the Town Commission held on the 29th day of February, 2000.
The mayor thereupon declared the Ordinance 282 approved and adopted by the Town Commission of the Town of Sewall's Point on this 29th day of February, 2000.
TOWN OF SEWALL'S POINT, FLORIDA /s/ Jon E. Chicky
Jon E. Chicky, Sr., MayorATTEST: /s/ Joan H. Barrow
Joan H. Barrow, Town Clerk/s/ Tim B. Wright
Town Attorney
Approved as to form and legal sufficiency(TOWN SEAL)