Fort Walton Beach Ordinance — 1676--Republication of Code — reading text

1\ DING 1U.' 1st ORDINANCE NO. 1676 Ind AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA REPUBLISHING, ADOPTING, AND ENACTING THE CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH FLORIDA 2005; ESTABLISHING A NEW ORGANIZATION AND NEW NUMBERING SYSTEM; AUTHORIZING EDITORIAL AMENDMENTS BY CITY ATIORNEY AND CITY CLERK; AUTHORIZING INCORPORATION INTO CODE BY REFERENCE; PROVIDING FOR CONSTRUcnON OF FUTURE AMENDMENTS; ESTABLISlDNG A GENERAL PENALTY FOR VIOLATION OF THE CODE; AND SETI1NG AN EFFECfIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The authority for enactment oftbis Ordinance is Section 166.021, Florida Statutes ( 2005). SECTION 2. REPUBLICATION, ADOPTION AND ENACTMENT The City Council hereby republishes, adopts, and enacts the " Code of Ordinances, City of Fort Walton Beach, Florida 2005," consisting of four volumes, Volume I, Charter, Volume ll, Code of Ordinances, Volume m, Comprehensive Plan, and Volume IV, Land Development Code, and designated by chapters 1 through 12, inclusive. (" Code") SECTION 3. REORGANIZATION AND NEW NUMBERING SYSTEM OF CODE This republication includes a new subject matter classification and is arranged in four volumes. Volume I is the Charter of the City of Fort Walton Beach. Volume ll, Code of Ordinances, is code provisions other than the Land Development Code. Volume m is Directions The Comprehensive Plan of the City of Fort Walton Beach: 2008. Volume IV is the Land Development Code. The volumes are arranged internally by subject matter and Volume II is further arranged alphabetically. This republication adopts a new numbering system that permits broader expansion of chapters and subsections. A " Title" designates a broad subject-matter classification and is assigned a Roman Number, i.e., " Title I."Titles are intended only as reference and are unnecessary for citation. A "Chapter" will contain a particular subset of the subject matter and be assigned a whole Arabic number beginning with the title number, i.e., " Chapter 5.0, or Chapter 5. 10." A " section" will be the elements of a chapter and will usually correspond to individual sections of ordinances. Each section is assigned a three- factor decimal number which designates its placement within a title and chapter, Le., " section 5. 10.01." This numbering system accommodates future provisions by assigning numbers in tens, and giving the new element an intermediate decimal increment. Thus, a new chapter between 5. 10 and 5. 2, could be assigned " 5. 11," or between 5. 01 and 5. 02, " 5. 011." A new section between 5. 10.01 and 5. 10. 02 can be assigned " 5. 10.011." Toni L. Craig Page 1 1112212005  SECTION 4. AUTHORITY TO AMEND PROVISIONS REGARDING PRIOR ORDINANCES & CODE PROVISIONS This republication is not intended to repeal or invalidate any previously properly adopted ordinance or provision of the prior Code unless such repeal or amendment has been adopted by ordinance prior to or in conjunction with this republication. Therefore, the city attorney, city clerk, and publisher, in conjunction with the city attorney and city clerk, shall have the authority to amend by editorial corrections any provision of this Code if it is detennined by them that any section of any prior Code provision or ordinance adopted before November 8, 2005, was inadvertently omitted, incorrectly edited, or otherwise substantively changed by editing. SECTION 5. PENALTY Unless another penalty is expressly provided, every person convicted of a violation of any provision of the pursuance thereof, shall be punished by a fine not exceeding five hundred dollars 500. 00), or for imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this Section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of license or permits. SECI10N 6. INCORPORATION INTO CODE BY REFERENCE; FUTURE AMENDMENTS Additions or amendments to the Code when passed in the form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Ordinances adopted after November 8, 2005, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of this Code. SECfION 7. EFFECTIVE DATE. This Ordinance and the new Code being adopted shall take effect on January 1, 2006. PASSED AND ADOPTED BY TIlE CITY COUNCIL OF TIlE CITY OF FORT WALTON BEACH,FLORIDA ON TIlE ~ DAY OF / L0t:/~# r-'2005. ~ J ~. kt4 ~ MIKE ANDERSON MAYOR ATTEST: LENASP 1~ ER J4- TONI L. CRAIG CITY CLERK CITY ATIORNEY New language is underlined. Deleted language is stfleea. Toni L.Craig Page 2 1112212005  8", Lc!oy~ falfYf.""f) ~.'~.','' N BEAOf/ ftORtDA. CITY OF FORT WALTON BEACH, FLORIDA NOTICE' OFPUBUC HEARING NOTICE OF PUBLIC HEARING C. ~ on1~~ gw~~ A PUBLIC HEARING will be held on the O~~ following proposed ordinance at 7: 00 p.m. on Tuesday, Nov~~~, iOT~~: 2005, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at whiC} Ch~~ be~ c~.~~~~" dar City Council will consider its adoption into law. The ordinance in its entirety may be inspected at the otJ',' '\, f,, w, " n ea, City Clerk during regular working hours. All interested parties may appear at the meeting and be heard wi :'''~~ 1.!. 4I.~.'.". .', >, M, ~ ag~ l' to this proposed ordinance',~ y, / S~~ crl ORD 1676 '. . ',' in its J entir,"ty pec!ed at the tI$, e. City Clerk j; AN ORDINANCE OF THE CITY OF FORTWALTON BEACH FLORIDA REPUBLISHING, ADOPTll\~='~ ENACTING THE CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH FLORID~,: ' I\ arin~~~~~~~, Q~ ar.~ ESTABLISHING A NEW ORGANIZATION AND NEW NUMBERING SYSTEM; its. o/,. thi, EDITORIAL AMENDMENTS BY CITY ATTORNEY AND CITY CLERK; AUTRC" '.. . '~ a, AUTRC) , ,."'. ,'. ;~ C!,"'. .,"', rdl" nce, to s