HomeMy WebLinkAbout2003-003ORDINANCE 2003- 003
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 90-17, CODIFYING AND
PUBLISHING THE ORDINANCES PUBLISHED IN THE
CODE OF INDIAN RIVER COUNTY UP TO AND
INCLUDING SUPPLEMENT 44 THERETO, READOPTING
THE CODE OF INDIAN RIVER COUNTY, DESIGNATING
THE CODE OF INDIAN RIVER COUNTY AS THE BEST
EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER
COUNTY, FLORIDA, AND PROVIDING FOR
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, Section 125.68(1)(a), Florida Statutes (2002), requires counties to
maintain a current codification of all ordinances; and
WHEREAS, Section 125.68(1)(a), Florida Statutes (2002), requires annual
publication of such codification by the Board of County Commissioners; and
WHEREAS, Municipal Code Corporation publishes periodic supplements to The
Code of Indian River County more often than annually on behalf of the Board of County
Commissioners; and
WHEREAS, Subsection 100.03(1), The Code of Indian River County, provides,
The Code when adopted by the commission shall be the
best evidence of the current law of the county. It shall be kept
current by periodic supplements. Supplements to the Code
shall be prima facie evidence of the current law of the county;
however, the ordinances themselves shall be the best
evidence until the Code is readopted,
Be it Ordained by the Board of County Commissioners of Indian River County, as
follows:
SECTION 1. CODIFICATION AND PUBLICATION,
Section 100.03 of Attachment "A" of Section 1 of Ordinance No. 90-17, which
provides,
Section 100.03 Amendment or Repeal of Ordinances
1. The Code when adopted by the commission shall be the best
evidence of the current law of the county. It shall be kept current by periodic
supplements. Supplements to the Code shall be prima facie evidence of the
ORDINANCE 2003- 003
current law of the county; however, the ordinances themselves shall be the
best evidence until the Code is readopted.
2. All chapters, sections, subsections, or paragraphs to be
repealed should be specifically repealed by reference to the chapter, section,
subsection, or paragraph as appropriate.
3.
The
repeal or amendment of
an ordinance
shall
not revive any
ordinance
in force before or at the time the
ordinance
repealed
or amended
took effect,
is hereby amended to read as follows:
Section 100.03 Amendment or Repeal of Ordinances
1. The Code when adopted by the commission shall be the best
evidence of the current law of the county. It shall be kept current by periodic
supplements. Supplements to the Code shall be prima facie evidence of the
current law of the county; however, the ordinances themselves shall be the
best evidence until the Code is readopted.
2. All chapters, sections, subsections, or paragraphs to be
repealed should be specifically repealed by reference to the chapter, section,
subsection, or paragraph as appropriate.
3. The repeal or amendment of an ordinance shall not revive any
ordinance in force before or at the time the ordinance repealed or amended
took effect.
4. All ordinances published by Municipal Code Corporation in The
Code of Indian River County up to and including Supplement No. 44 thereto
are hereby deemed to be codified and published. The Code of Indian River
County, including such supplements, is hereby readopted, and The Code of
Indian River County, as readopted, shall be the best evidence of the current
law of Indian River County, Florida.
SECTION 2. SEVERABILITY.
If any section, sentence, paragraph, phrase, or word of this ordinance is held by a
court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance not having been held by a court of
competent jurisdiction to be unconstitutional, inoperative or void, which shall remain in full
force and effect.
SECTION 3. CODIFICATION
The amended language contained in Section 1 of this ordinance shall be codified
as Section 100.03 of The Code of Indian River County. Additional codification,
renumbering or relettering of this ordinance is left to the discretion of Municipal Code
Corporation.
SECTION 3. EFFECTIVE DATE.
A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the
Office of the Secretary of State of the state of Florida within ten days after enactment, and
this ordinance shall take effect upon filing with the Secretary of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 4th day of February , 2003.
This ordinance was advertised in the Vero Beach Press -Journal on the 24th day
of January 2003, for a public hearing to be held on the 4th day of
February 2003, at which time it was moved for adoption by
CommissionerNeuberger seconded by Commissioner Ginn
and adopted by the following vote:
Chairman Kenneth R. Macht Aye
Vice Chairman Caroline D. Ginn Aye
Commissioner Fran B. Adams Aye
Commissioner Arthur R. Neuberger Aye
Commissioner Thomas S. Lowther A
The Chairman, thereupon declared the ordinance duly passed and adopted this
4th day of February.,- , :2003
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`R ' BOARD OF COUNTY COMMISSIONERS
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Attest: .:INDIAN RIVER COUNTY, FLORIDA
J. K. Bartop;'C.lerk- of Circuit Court
By JLO-* W
enneth R. Macht, Chairman
Effective date:: This ordinance was filed with the Department of State and
effective on the day of 12003,
ROVED.3FYAP
ministrator
County Att rev ---r