CODE OF ORDINANCES CITY OF INDIAN HARBOUR BEACH, FLORIDA
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Published in 1981 by Order of the City Council
Republished in 2014
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OFFICIALS
of the
CITY OF INDIAN HARBOUR BEACH, FLORIDA
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DAVID A. PANICOLA
Mayor
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SCOTT NICKLE
Deputy Mayor
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FRANK GUERTIN
GENE NEWBERRY
JAMES NOLAN, SR.
City Council
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MARK RYAN
City Manager
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KARL BOHNE
City Attorney
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SUE FRANK
City Clerk
PREFACE
This Code constitutes a republication of the general and permanent ordinances of the City of Indian Harbour Beach, Florida.
Source materials used in the preparation of the Code were the 1981 Code, as supplemented through July 2013, and ordinances subsequently adopted by the city council. 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 1981 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 TABLE CHTCT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATUTORY 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 Dennis Sinnett, Vice President, and Kelly B. Cribbs, 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 Deborah Maliska, City Clerk, for her 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 city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.
ORDINANCE NO. 81-12
An Ordinance Adopting and Enacting a new Code for the City of Indian Harbour Beach, Florida; Establishing the Same; Providing for the Repeal of Certain Ordinances not Included Therein; Providing a Penalty; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.
Be It Ordained by the City Council of the City of Indian Harbour Beach, Brevard County, Florida, That:
Section 1. That the Code of Ordinances, consisting of Chapters 1 to 20, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Indian Harbour Beach, Florida" which Code shall supersede all general and permanent ordinances adopted on or before February 9, 1981, to the extent provided in Section 2 hereof.
Section 2. That all provisions of such Code shall be in full force and effect from and after November 1, 1981, and all ordinances of a general and permanent nature of the City of Indian Harbour Beach, adopted on final passage on or before February 9, 1981, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of such Code.
Section 3. That the repeal provided for in Section 2 hereof shall not be construed to revive any ordinances or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
Section 4. Whenever in such Code any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of such provision of said Code shall be punished as follows:
1)
If such act or omission also constitutes a violation of any law of the State of Florida, it shall be punished in the same manner and within the limits established for violation of the comparable state law.
2)
If such act or omission does not also constitute a violation of a law of the State of Florida, it shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment, in the discretion of the court.
Each day any violation of any provision of such Code shall continue shall constitute a separate offense.
In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any provision of such Code shall be deemed a public nuisance and may be, by the City, abated as provided by law.
The provisions of this section shall not be construed to limit the remedies of the City in the event of the violation of such Code, and the City may seek specific relief from violation of such Code by injunction, restraining order, or otherwise.
Section 5. Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part of such Code, shall be deemed to be incorporated in such Code, so that reference to such Code shall be understood and intended to include such additions and amendments.
Section 6. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty, as provided in Section 4 of this ordinance and in Section 1-11 of such Code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically declared inapplicable.
Section 7. A copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by her, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code, when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may from time to time be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same.
Section 8. It shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of such Code, or to alter or tamper with such Code in any manner whatsoever will cause the law of the City of Indian Harbour Beach to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.
Section 9. This ordinance shall become effective on the 1st day of November, 1981.
PASSED AND ADOPTED by the City Council of the City of Indian Harbour Beach, Brevard County, Florida, at a meeting held on the 25th day of August, 1981.
/s/ Thomas L. Goodin
Mayor
ATTEST:
/s/ Ruth H. Grigsby
City Clerk
First Reading: August 11, 1981
Second Reading: August 25, 1981