[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:
A.
Any ordinance adopted subsequent to January 11, 2005.
B.
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.
C.
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.
D.
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.
E.
Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F.
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.
G.
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.
H.
Ordinances authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
I.
The levy or imposition of taxes, assessments or charges.
J.
The annexation or dedication of property or approval
of preliminary or final subdivision plats.
K.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L.
Any ordinance relating to or establishing a pension
or retirement fund for Town employees.
M.
Any ordinance establishing or amending the Zoning
Map or the Comprehensive Plan.
N.
Ordinance No. 95-2, the Unified Development Code,
and all amendments thereto, and any ordinance specifically saved from
repeal in Ordinance No. 95-2.
O.
The Town Charter of the Town of Zolfo Springs approved
at the June 27, 2006 election and all amendments thereto.
P.
Ordinance No. 94-2, regarding lobbying activities.
Q.
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.").
R.
The Personnel Policy Manual adopted by Ordinance No.
96-2 and all amendments thereto.
S.
Ordinance Nos. 96-3 and 96-6, which were not reviewed
for the codification.
A.
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.
B.
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.[1]
[1]
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.
C.
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]
A.
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.
B.
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.
C.
"Violation of this Code" means:
(1)
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.
(2)
Failure to perform an act that is required to be performed by ordinance
or by rule or regulation authorized by ordinance.
(3)
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.
D.
"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.
E.
The imposition of a penalty does not prevent revocation or suspension
of a license, permit or franchise.
F.
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.
G.
Failure to pay a lawfully imposed fine shall be a separate violation
of this Code, and such fines shall accrue with interest until paid.
