HomeMy WebLinkAbout2020-001ORDINANCE NO. 2020- 001
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF
ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF
THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING
AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING
SUPPLEMENT 133 THERETO, READOPTING THE CODE,
DESIGNATING THE CODE 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, 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) of Chapter 100 of 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, Amendment or repeal of ordinances, of The Code of Indian River
County is hereby amended to read as follows:
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additions to existing text.
ORDINANCE NO. 2020-001
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 All chapters, sections, subsections, or paragraphs to be repealed should be
specifically repealed by reference to the chapter, section, subsection, or paragraph as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before or at the time the ordinance repealed or amended took effect.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 the Municipal Code Corporation in The Code of
Indian River County up to and including Supplement No. 4-29 133 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.
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 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.
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additions to existing text.
ORDINANCE NO. 2020-001
This ordinance was advertised in the Indian River Press Journal on the 22nd day of
December, 2019, for a public hearing to be held on the 7th day of January, 2020, at which
time it was moved for adoption by Commissioner o' Bryan , seconded by
Commissioner _Fiescher , and adopted by the following vote:
Chairman Susan Adams AYE
Vice Chairman Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
AYE
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 7th
day of January, 2020.
Attest: JE:firey R. Smith, Clerk and
omptroller
By
eputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA,'--�VVM�>
of . o;.%`,
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Effective Date: Thi rdinance was filed with the Department of State and becomes
effective on the day of January, 2020.
APPROVED AS TO FOPls.
Az -,JD LEGAL SUFFICIENCY
BY ®...��
®PLAN REi"NG0LC
COUNTY ATTORNEY
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