ADOPTING ORDINANCE

ORDINANCE NO. 2-2016

AN ORDINANCE OF THE TOWN OF BRINY BREEZES, FLORIDA, ENACTING A CODE OF ORDINANCES FOR THE TOWN OF BRINY BREEZES, FLORIDA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE TOWN OF BRINY BREEZES DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES, AND DECLARING AN EMERGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR AN EFFECTIVE DATE.

   WHEREAS, the present general and permanent ordinances of the Town of Briny Breezes are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and

   WHEREAS, the Acts of the Legislature of the State of Florida empower and authorize the Town of Briny Breezes to revise, amend, restate, codify and compile any existing ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and

   WHEREAS, the Town Council of the Town of Briny Breezes has authorized a general compilation, revision and codification of the ordinances of the Town of Briny Breezes of a general and permanent nature and publication of such ordinance in book form; and

   WHEREAS, it is necessary to provide for the usual daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the municipality that this ordinance take effect at an early date.

   NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ALDERMAN OF THE TOWN OF BRINY BREEZES, FLORIDA:

   Section 1.   The Town of Briny Breezes hereby finds that the recitations contained in the preamble hereof are true and correct and the same are incorporated herein by reference as legislative findings of fact.

   Section 2.   The general ordinances of the Town of Briny Breezes as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the Town of Briny Breezes, Florida."

   Section 3.   That the repeal provided for herein shall not be construed to revive any Ordinance or part thereof that has been repealed by a subsequent Ordinance that is repealed by this Ordinance.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.   That any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the Town Council to make the same a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code" or the "Code of Ordinances of the Town of Briny Breezes, Florida", or similar references, shall be understood and intended to include such additions and amendments.

   Section 5.   This Code of Ordinances as adopted herein shall consist of the following Titles, as well as the Titles added, amended, or revised by the future codification of Ordinances approved after Ordinance 3-2015, effective 8-7-2015.

BRINY BREEZES, FLORIDA

TABLE OF CONTENTS

   Chapter

CHARTER

TITLE I: GENERAL PROVISIONS

      10.   General Code Construction; General Penalty

TITLE III: ADMINISTRATION

      30.   General Provisions

      31.   Employees and Officials

      32.   Elections

      33.   Meetings

      34.   Tax and Finance

TITLE V: PUBLIC WORKS

      50.   Water Shortage

      51.   Water and Sewer Rates

      52.   Sewer Code

TITLE VII: TRAFFIC CODE

      70.   Traffic Regulations

      71.   Traffic Infractions Administrative Hearings

      72.   Bicycles

      73.   Stopping, Standing, Parking

      74.   Impoundment of Vehicles

      75.   Golf Carts

      76.   Traffic Schedules

      77.   Parking Schedules

TITLE IX: GENERAL REGULATIONS

      90.   Animals

      91.   Beaches

      92.   Fire Prevention and Protection

      93.   Streets and Sidewalks

TITLE XI: BUSINESS REGULATIONS

      110.   Alcoholic Beverages

      111.   Amusements

      112.   Telecommunications

TITLE XIII: GENERAL OFFENSES

      130.   General

      131.   Offenses Against Property

      132.   Offenses Against Morals

TITLE XV: LAND USAGE

      150.   Coastal Construction

      151.   Flood Damage Prevention

      152.   Comprehensive Plan

      153.   Land Development Code

TABLE OF SPECIAL ORDINANCES

   Table

      I.   Annexations

      II.   Franchises

      III.   Agreements

PARALLEL REFERENCES

References to Florida Statutes

References to 1977 Code

References to Ordinances

INDEX

Section 6.   All ordinances prior to Ordinance 3-2015, effective 8-7-2015, pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this Ordinance except as they are included and re-ordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this Ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 7.   This Ordinance codifies the Briny Breezes Code of Ordinances through Ordinance 3-2015, passed on 8-7-2015. This Ordinance shall have no effect on the validity of any Ordinance approved after Ordinance 3-2015. Ordinances after Ordinance 3-2015 shall be included in subsequent codification updates of the Briny Breezes Code.

Section 8.   This Code shall be deemed published as of the day of its adoption and approval by the Town Council and the Clerk of the Town of Briny Breezes is hereby authorized and ordered to file a copy of this Code of Ordinances in the Office of the Town Clerk.

Section 9.   This Code shall be in full force and effect as provided herein, and this Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 10.   This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of the Town of Briny Breezes, and shall take effect at the earliest date provided by law.

Section 11.   If any word, phrase, clause, section or portion of this Ordinance or the codification shall be held invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be deemed a separate and independent provision and such holding shall not affect the validity of the remaining portions thereof.

   PASSED AND ADOPTED by the Town Council of the Town of Briny Breezes, Florida, in regular session on first reading on August 18, 2016, and in special session on second reading on September 8, 2016.

   TOWN COUNCIL OF THE TOWN OF BRINY BREEZES

/s/ Michael Hill              /s/ Susan Thaler

MICHAEL HILL, MAYOR               PRESIDENT, SUSAN THALER

                         /s/ Christina Adams

(TOWN SEAL)                  ALDERMAN, CHRISTINA ADAMS

                         /s/ Allen Behringer

                        ALDERMAN, ALLEN BEHRINGER

                         /s/ Robert Jurovaty

                        ALDERMAN, ROBERT JUROVATY

                         /s/ James McCormick

                        ALDERMAN, JAMES McCORMICK

ATTEST:

/s/ Robert Jurovaty

ROBERT JUROVATY, Town Clerk Pro Tem

APPROVED AS TO FORM AND CORRECTNESS:

/s/ John J. R. Skrandel

JOHN J.R. SKRANDEL

Attorney For Town of Briny Breezes