HomeMy WebLinkAbout2008-005ORDINANCE NO. 2008- 005
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2003-03, CODIFYING AND PUBLISHING THE
O RDINANCES PUBLISHED IN THE CODE OF INDIAN RIVER
COUNTY UP TO AND INCLUDING SUPPLEMENT 65 THERETO,
READOPTING THE CODE OF INDIAN RIVER COUNTY,
D ESIGNATING THE CODE OF INDIAN RIVER COUNTY AS THE
B EST 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, requires counties to maintain a
current codification of all ordinances; and
WHEREAS, Section 125 68(1)(a), Florida Statutes, 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. 2003-03, 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 current law of the county; however, the
ordinances themselves shall be the best evidence until the Code is readopted.
ORDINANCE NO. 2008-005
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 All chapters, sections, subsections, or paragraphs to be repealed should be
specifically repealed by reference to the chapter, section, subsection, or paragraph as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before or at the time the ordinance repealed or amended took effect.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 the Municipal Code Corporation in The Code of
Indian River County up to and including Supplement No. 44 thereto are 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.
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. 65 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.
2
ORDINANCE NO. 2008- CO5
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 relettenng of this ordinance is left to the discretion of Municipal Code
Corporation.
SECTION 4 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 19th day of February 2008.
This ordinance was advertised in the Vero Beach Press Journal on the 8th day of
February 2008, for a public hearing to be held on the 19th day of
February , 2008, at which time it was moved for adoption by Commissioner
Peter D. O'Bryan , seconded by Commissioner Joseph E. Flescher and adopted by
the following vote:
Chairman Sandra L Bowden
Vice Chairman Wesley S. Davis
Commissioner Joseph E Flescher
Commissioner Peter D. 0 Bryan
Commissioner Gary C. Wheeler
Yea
Absent
Yea
Yea
Yea
The Chairman thereupon declared the ordinance duly passed and adopted this
19th day of February 2008.
Attest: J. K. Barton, Clerk
Bye -w --r
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
eir tun
WILLIAM G. COLLNS II
COUNTY ATTORNEY
BCiARDOF COUNTY COMMISSIONERS
cif.NDIAN RIVER COUNTY, FLORIDA
•
Effective Date: This ordinance was filed with the Department of State and becomes
effective on the /1/4 day of /4 A,_CH , 2008.
3