ADOPTING ORDINANCE

ORDINANCE NO. 96-02

   AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, ENACTING A RECODIFIED CODE OF ORDINANCES FOR THE CITY OF PALM BAY; REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY PERTAINING TO SUBJECTS EMBRACED IN SAID CODE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

   WHEREAS, certain existing general ordinances of the city of Palm Bay are obsolete or superseded by law, and the manner of arrangement, classification and indexing of the ordinances within the Code are insufficient to meet the immediate needs of the City, and

   WHEREAS, the acts of the state legislature of the state of Florida empower and authorize the governing body of the municipality to revise, amend, restate, codify and to compile any existing ordinance or ordinances and all new ordinances not heretofore adopted or published and to incorporate said ordinances into one ordinance in book form, and

   WHEREAS, the City Council of the City of Palm Bay has authorized a general compilation, revision and codification of the ordinances of the City of a general and permanent nature and publication of such ordinances in book form.

   NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows:

   Section 1. The general ordinances of the City of Palm Bay, consisting of ordinances as herein revised, amended, restated, codified and compiled in book form are adopted as and shall constitute the “Code of Ordinances of the City of Palm Bay, Florida”. The Code shall be treated and considered as a new, original comprehensive ordinance which consists of all general and permanent ordinances of the City of Palm Bay, Florida, enacted up to and including Ordinance No. 95-38.

   Section 2. Any and all additions and amendments to such Code when passed in such form as to indicate the intention of the City Council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the “Code of Ordinances of the City of Palm Bay, Florida”, shall be understood and intended to include such additions and amendments.

   Section 3. A copy of the Code shall be kept on file in the Office of the City Clerk preserved in looseleaf form or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or designee, to insert in their designated places all amendments, ordinances, or resolutions which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same.

   Section 4. It shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in such manner whatsoever which will cause the laws of the City of Palm Bay to be misrepresented thereby. Any person violating this section shall be punished as provided in Chapter 10, of the Code of Ordinances of the City of Palm Bay, Florida.

   Section 5. Whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor by the City Council, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the City Council and no specific penalty is provided therefore, the violation of any such provision of such Code shall be punished as provided in Chapter 10, § 10.99.

   Section 6. In the case of an amendment of any section of such Code by the City Council, for which a penalty is not provided, the general penalty as provided in Chapter 10, § 10.99, shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

   Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect.

   Section 8. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof.

   Section 9. This Ordinance shall take effect immediately upon its enactment.

   Read in title only at Meeting No. 96-01, held on January 4, 1996; and read in title only and duly passed and adopted at Meeting No. 96-02, held on January 18, 1996.

                     Melton E. Broom /s/
                     MAYOR

ATTEST:

Alice Passmore /s/
CITY CLERK