CODE OF ORDINANCES TOWN OF ORCHID, FLORIDA
____________
Published by Order of the Town Council
____________
OFFICIALS
of the
TOWN OF
ORCHID, FLORIDA
MAY 2001
____________
C. Warren Crandall
Mayor
____________
Barbara Greenbaum
Vice Mayor
____________
Vernon Daniel
Charles Pistole
W. Lynn Velde
Town Council
____________
Ernest Polverari
Town Manager
____________
Maryann C. Harty, CMC
Town Clerk
____________
Bruce Barkett
Town Attorney
CURRENT OFFICIALS
of the
TOWN OF
ORCHID, FLORIDA
____________
Harold Ofstie
Mayor
____________
Robert J. Gibbons
Vice Mayor
____________
Michele A. Henry
Paul Knapp
Howard A. Thrailkill
Town Council
____________
Noah M. Powers, III
Town Manager
____________
Cherry D. Stowe
Assistant to the Town Manager/Town Clerk
____________
PREFACE
This Code constitutes a complete codification of the general and permanent ordinances of the Town of Orchid, Florida.
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 any ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order within each subpart, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together have been included.
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 in the same manner. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5 or 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 TABLE CCT: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 Bill Carroll, Vice President, 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 Mr. Ernest Polverari, Town Manager, and Ms. Maryann C. Harty, CMC, Town Clerk, 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. 99-3
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE TOWN OF ORCHID, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
NOW, THEREFORE, BE IT ORDAINED BY THE Town Council of the Town of Orchid, Florida, that:
Section 1. The Code entitled "Code of Ordinances, Town of Orchid, Florida" published by Municipal Code Corporation, consisting of chapters 1 through 86, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before March 10, 1999, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 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 Town Council may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of Town 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.
Section 6. Ordinances adopted after March 10, 1999, 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 the Code.
Section 7. This ordinance shall become effective upon adoption.
This ordinance was read the first time on the 4th day of February, 1999, and was advertised in the Vero Beach Press Journal on the 3rd day of March, 1999, for a second reading, at which time it was moved for adoption by Councilmember Charles Pistole, seconded by Vice Mayor Barbara Greenbaum and adopted by the following vote:
Mayor Yes Vice Mayor Yes Councilmember Yes Councilmember Yes Councilmember Yes ATTEST: TOWN OF ORCHID, FLORIDA, /s/ Maryann C. Harty, CMC
Town Clerk, Maryann C. Harty, CMC/s/ C. Warren Crandall
Mayor, C. Warren CrandallApproved as to form and legal sufficiency:
/s/ Bruce Barkett
Town Attorney, Bruce Barkett