[HISTORY: Adopted by the Town Commission of the Town of Zolfo Springs as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-22-2007 by Ord. No. 2006-19]
The ordinances of the Town of Zolfo Springs of a general and permanent nature adopted by the governing body of the Town of Zolfo Springs, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 300, together with the Town Charter and an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Zolfo Springs," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances adopted and enacted by the governing body prior to the adoption and enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or are continued in force and effect for any reason.
A copy of the Code in loose-leaf form has been filed in the office of the Town Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Town, as provided by law, and such certified copy shall remain on file in the office of the Town Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Zolfo Springs" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto.
The Clerk of the Town of Zolfo Springs, pursuant to law, shall cause to be published, in the manner required, a notice of the adoption of this ordinance in a newspaper of general circulation in the Town of Zolfo Springs. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk's office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Town Commission. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Zolfo Springs to be misrepresented thereby.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. Should any section or provision of any codified ordinance or any portion thereof, the deletion of which would not adversely affect (in the general sense) the remainder, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part thereof, other than the part declared to be invalid.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. Should any section or provision of this ordinance or any portion thereof, the deletion of which would not adversely affect (in the general sense) the remainder, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part thereof, other than the part declared to be invalid.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided.
The provisions of this ordinance and the provisions of the Code adopted hereby shall be liberally construed to effect their purpose.
This ordinance shall take effect upon adoption by the Commission as provided by law and signed by the Mayor and Town Clerk as provided by ordinance, or upon adoption without said Mayor's approval pursuant to the Town Charter.
The adoption of this Code and the repeal of ordinances provided for in § 1-11 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to January 11, 2005.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance, or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision, or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending, or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Town of Zolfo Springs' indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
The levy or imposition of taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any ordinance relating to or establishing a pension or retirement fund for Town employees.
Any ordinance establishing or amending the Zoning Map or the Comprehensive Plan.
Ordinance No. 95-2, the Unified Development Code, and all amendments thereto, and any ordinance specifically saved from repeal in Ordinance No. 95-2.
The Town Charter of the Town of Zolfo Springs approved at the June 27, 2006 election and all amendments thereto.
Ordinance No. 94-2, regarding lobbying activities.
Ordinance No. 95-1, regarding water distribution and wastewater collection (as it is cited as follows in Section 13, Industrial Wastes, of Ordinance No. 2003-5: "The provisions of Ordinance 95-1 shall remain in force until amended or repealed.").
The Personnel Policy Manual adopted by Ordinance No. 96-2 and all amendments thereto.
Ordinance Nos. 96-3 and 96-6, which were not reviewed for the codification.
In compiling and preparing the ordinances for publication as the Code of the Town of Zolfo Springs, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Town Commission that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
The changes, amendments, additions or revisions described in Schedule A attached hereto and made a part hereof are adopted herewith, to become effective upon the effective date of this ordinance.
Editor's Note: In accordance with § 1-15B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Ch. 1, General Provisions, Art. I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 1-22-2007 by Ord. No. 2006-19." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
Nomenclature. References throughout the Code which previously read "City" have been revised to read "Town" where referring to the Town of Zolfo Springs. Likewise, references to "City Council" have been revised to read "Town Commission."
[Adopted 9-21-2009 by Ord. No. 2009-03]
Whenever in this Code, or in any ordinance of the Town, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this Code, or in any ordinance of the Town, the doing of any act is required or the failure to do any act is declared to be unlawful, an offense or misdemeanor, the violator of any such provision, section or chapter of this Code shall be a violation of this Code, and unless otherwise stated in this Code, be punished by a fine not exceeding $500 or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment, in the discretion of the Judge. The imposition of a penalty does not prevent Code enforcement by alternative procedures or the imposition of a civil fine or civil penalty, so long as such enforcement actions do not impose duplicate penalties for the same violation. Each day any violation of any provision, section or chapter of this Code shall continue or be omitted, if required and neglected, shall constitute a separate offense, and subject such violator to a separate fine or imprisonment, or both, for each such separate offense. Fines of more than $500 may be imposed when allowed by law and specifically described in Town Code or ordinances.
In addition to the penalties provided in Subsection A, the Town may enjoin or abate any violation of this Code by appropriate action, proceed through administrative enforcement alternatives provided in Chapter 162, Florida Statutes, or pursue enforcement by any other lawful means. Except where prohibited by law, the Town shall be entitled to attorney fees and costs for enforcement of its Code, including counterclaims and appeals.
"Violation of this Code" means:
Doing an act that is prohibited or made or declared unlawful, an offense or a violation by ordinance or by rule or regulation authorized by ordinance.
Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
Failure to perform an act if the failure is declared a violation or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
"Violation of this Code" does not include the failure of a Town officer or Town employee to perform an official duty unless it is provided in this Code that failure to perform the duty is to be punished.
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise.
Violations of this Code that are continuous with respect to time are public nuisances and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.
Failure to pay a lawfully imposed fine shall be a separate violation of this Code, and such fines shall accrue with interest until paid.