Exh 7DAGENDA ITEM # 7D ,
OCTOBER 28, 2002 .
AGENDA ITEM:
DATE:
SUBMITTED BY:
BACKGROUND:
' STAFF REPORT
.City of Atlantic Beach
Commission Meeting
Proposed Revisions for Chapter 5, Municipal Code
October 21, 2002
' David E. Tho ps~hief of Police/DPS
One of the strategic plans identified by the City Commission was the need for updating
the City Code. To that end, the Police Department has reviewed Chapter 5 Beaches and
Parks in the City Code, and has provided recommendations for updates and changes.
These recommendations provide a starting point for the City Commission to update
Chapter 5 of the City Code. It has been more than thirty (30) ,years since most of this
chapter was written, and the City Commission is encouraged to add, delete; or modify
• this section according to the Commission preferences.
Recommended changes include: ~ ~ ~ .
. Section 5-1(b) Closing during Emergencies. The changes proposed in this section are '
_ not substantive changes. They are intended to improve the wording, but not the intent of
the existing section.
Section 5-2 Undressing or changing clothes. The Police Department has ~'
recommended the elimination of this section for two reasons.
1.' .There is a state law that deals with indecent exposure, and it is unnecessary to
duplicate it with a city code..If someone is exposing him herself in an
indecent manner, then there are state laws to address the problem.
2. To, enforce a prohibition against "changing clothes" would be very difficult to
enforce. Every day, people go to the beach and "change clothes." It is
common for people to be wearing a bathing suit under their outer garments,
and these people `.`change clothes" for sunbathing, sports, walking, running, .
bicycling, etc. This is a common practice, and it does not appear to be • -
objectionable.to the majority of people on the beach..
Insert New Section 5-2 Sleeping on the beach. The Police Department recommends
specific language to prohibit people from camping or sleeping on the beach from 11:00
PM to 6:00 AM without receiving permission from the City Manager. This will prohibit
people from camping or sleeping on the beach at night, but it will give the City Manager
::
AGENDA ITEM # 7D
OCTOBER 28, 2002
discretion to approve organizations who may want to have a special event that includes
camping or sleeping on the beach. ~ .
Section 5-3 Picnicking. The Police Department has recommended the elimination of
this section for several reasons.
1. The New Webster's Dictionary defines picnicking as "an outdoor pleasure
excursion, usually with a meal carried along." By this definition, virtually
everyone on the beach is picnicking. The reason most people come to the
beach is to engage in an "outdoor pleasure excursion:"
2. There are already laws to deal with littering and other unacceptable behaviors.
3. There are no public or private facilities to provide. food or drinks for people on' .
the beach. In summer heat, people need food and drinks to avoid heat related
. health problems. ~.
Insert New ~-3 Lighting of Fires. The addition of this .section is~intended to prohibit
fires on the beach. In the past, the City has typically prohibited fires on the-beach .
including charcoal grills, gas grills, and campfires. Under these provisions, no fires would
be allowed on the beach. without the City Manager's permission. The proposed language
provides the City Manager with the discretion to approve special events and activities.
that might include fires on the beach.
. ~ Section 5-4 Littering. The Police Department has added cigarette butts to the list of
- litter and refuse that is unacceptable to leave on the beach. When beach cleanups are
conducted, there are numerous cigarette butts picked up each year. Adding this to the
code makes it clear that cigarette butts are litter, and it is unacceptable to leave them on
the beach.
Section 5-7 Operation of motorized apparatus within two hundred feet of beach:
'~~ Since people are going to launch certain types of watercraft on the beach, the Police
Department wants to make it clear that the only acceptable location for doing so is at the
Atlantic Blvd. ramp, The Police Department and Lifeguards have been encouraging this
practice for several years; and it appears to meet the needs of the boaters and the bathers.
It also keeps people from trying to drive through the other beach accesses to launch
vessels.
'Section 5-8 Parking of sailboats, catamarans, and vessels. Sections (a} and (b) The
• existing requirement for people to obtain permission within twelve (12) hours to leave .
their boats on the beach is difficult to accomplish, especially on weekends and holidays.
. The Police Department recommends extending the time requirement to seventy-two (72)
hours.
Section 5-16 Establishment: hours and period of use. This section has been .
eliminated. When it tivas passed in 1970, motor vehicles had been allowed to drive on the
. AGENDA ITEM # 7D
. OCTOBER 28; 2002
beach. This section was used, in conjunction with 5-17, to prohibit driving on the beach.
The Police Department is not aware of any purpose that is served by having this section ~.
in the City Code.
Section 5-17 Use of vehicles and riding.of animals prohibited. The only
recommended change to this section is the elimination of the reference to Section 5-16.
Section 5-18 Barricades This section directs the City Manager~to. erect.barricades ~ •
. ~ relative to Section 5-16. There are already barricades. in place, and the Police Department
sees no purpose in keeping this section of the City Code. ~ ~ ~ .
BUDGET: No Impact
.RECOMMENDATIONS: For the Commission to review and modify Chapter 5 to ~ .
their preferences. .~
ATTACHMENTS: Chapter 5 Proposals
REVIEtiVED BY CITY MANAGER:
~'
AGEND ITEM NUMBER:
AGENDA ITEM # 7D
OCTOBER 28, 2002
Ordinance No. 95-02-78
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER .~; BEACHES AND PARKS, ARTICLE 1, IN
GENERAL, ARTICLE II, BEACH SAFETY ZONE, ARTICLE III, PUBLIC ~ .
PARKS, .PROVIDING .FOR SEVERABILITY, AND PROVIDING AN
EFFECTNE DATE ~ ~.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE .
OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 5, Beaches and. Parks, Articles I, ~II, `and III of the Code of ~~
Ordinances of the City of Atlantic Beach, Florida; are hereby amended to read as follows:
Chapter 5 .
BEACHES AND PARKS ~.
ARTICLE I. IN GENERAL
Sec. 5-1. Closing during emergencies. -
' ~ (a) During such times as, in the opinion of the director of public safety or, in his absence, .
. the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the '
bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the safety,
life and health of persons using the ocean or beach, or any condition shall exist or threaten~to
. ~ occur that will imperil the peace and'good order of the city, the director of.public safety ;is
authorized to close the ocean or beach or both or any part thereof and prohibit all swimming or
bathing in the ocean~or use of the beach or both in any manner, and require all persons thereon
forthwith to remove themselves therefrom, or ,any part thereof, until the ocean, beach or
dangerous areas are considered safe again for use.
~~_~~_ (b) It shall be unlawful for any person to knowingly use-e~ refuse, when ordered, ao
F•~.
remove~~;~ him herself from any area which has been closed by the director of public
safety. ~ - ,
Sec. ~-2. o b .Sleeping on. the Beach
a a
~e-e~y: It shall be unlawful for anyone to came or sleep. on the beach from 11:00 PM to 6:00
AM. without first receiving permission from the City Manager
Sec. 5-3. ~: Lighting of Fires
~e-e-~ It shall be unlawful for anyone to start, maintain, allow, or have a fire on the beach
without written approval from the City Manager or his designee. This includes but is not limited
to, wood, charcoal or gas whether or not the fire is self-contained or an open fire .
AGENDA ITEM # 7D
OCTOBER 23, 2002
Sec. 5-4. Littering.
It shall be unlawful for ,any person to leave any paper, glass, cans, food, fish,- .crab,
cigarette butts, or other type of refuse upon the beach in the city.
Sec. 5-5. Surfboards.
It shall be unlawful for any person to surf or to use or ride a surfboard in the. surf adjacent
to the beach within the corporate limits of the city at any. time and at any location ,unless the
surfboard has securely fastened to it a tether not exceeding eight ($)- feet in length,, the free end of
which must be securely bound to either the ankle or wrist of the surfer.
Sec. 5-6. Parking of sailboats not to obstruct lifeguard activities.
It shall tie unlawful for any person to park a sailboat or catamaran on.the beach in any
manner which will .obstruct the view of lifeguards performing lifeguard activities.
Sec. 5-7. Operation of motorized apparatus within two hundred feet of beach:
It shall be unlawful for any person to operate any motorized boat or other motorized
apparatus within two hundred (200) feet of the beach. Personal watercraft, sailboats, and similar
watercraft will only be launched at the Atlantic Boulevard ramp. ~ .
Sec. 5-8. Parking of sailboats, catamarans, and vessels.
(a) It shall be unlawful for any person to park or leave unattended a sailboat, catamaran, or
other vessel on the beach for mole than ~h~l~-) seventy-two ~ (72) hours without .first
notifying and receiving permission from the chief of police or his designee. A ~e sailboat,
catamaran, or vessel shall only be allowed to park 1~`~ over seventy-two~(72) ~"
- hours .. ~„~T-~ '. ~ ~ between May 1 to ~Septemtier 30 of each year. At no time will any
sailboat,~catamaran, or other vessel be allowed to park west of the dune line, on a beach access,
`~'~ or public right-of--way. ~ ~ ~ ~ ~ ~ .
r,.:
~. (b) Befoie the chief of police or his designee gives permission for the owner of tie a sailboat,
catamaran, or other vessel to be parked over seventy-two (72) ~~ep~e-~I~ hours on the beach,
the owner must provide proof of ownership, description,, serial number,. hull number or other
identification number, and the location desired for parking .same. Permission . to park, and the
~ location requested, is at the sole discretion of the .chief of police. The chief of police may
develop additional rules to govern such parking to protect the public's safety. ~ . -
(c) Any person who parks a sailboat or catamaran or other vessel in violation of this section
is subject.to having such sailboat, catamaran, or other vessel towed at the owner's expense. .
Secs. 5-9-5-~ 16. Reserved.
. Page 2 of 4
Ordinance No. 95-02-78
. ~ AGENDA ITEM # 7D
OCTOBER 28, 2002
ARTICLE II.
BEACH SAFETY ZONE
.. .7 O 7
~ D
b
~ .7
7 b ~
Sec. 5-17. Use of vehicles and riding of animals prohibited.
It shall be unlawful for any person to propel, operate .or drive any motorized vehicle or
any vehicle drawn by a draft animal or to ride any animal at any time on ~,~:*"~~ '"^* ^Y°^ °~the
ocean beach s^° ~~°~ ^a *' ~ ~ ~ ~~
• ~ o
d
Secs: 5318---5-30. Reserved. ~ ..
~~~.~ ~ ARTICLE IIT. PUBLIC PARKS ~ ~ .
Sec. 5-31. Public parks use prohibited after dark. ~ ~ .
It shall be unlawful for any person or groups of persons. to congregate in or about or traverse
through any public parks:
(a) Between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever is later,
except as follows:
(1) When using lighted public facilities in public parks, such as ball fields and tennis
courts, provided such use shall never be Iater than 10:00 p.m.;
Page 3 of 4
Ordinance No. 95-02-78
AGENDA ITEM # 7D
OCTOBER 23, 2002
(2) When an organized event has been approved by the parks and recreation
department.
(b) .When a park or parks have been officially, closed by the city for maintenance,
construction, repairs, and the like, and has been so posted. .
SECTION 2. Severability.
. If any section, sentence, clause, word or phrase of this ordinance is held to be invalid or
unconstitutional by a.court of competent jurisdiction, then said.holding shall in no way affect the
validity of the remaining portions of this ordinance. "
SECTION 3: This ordinance shall become effective immediately upon final passage..
PASSED by the City Commission on first reading this day of , 2002.
PASSED by the City. Commission on second and final reading this day of ~ ,
2002.
Approved as to form and correctness:.
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
MAUREEN KING
City Clerk
JOHNS. MESERVE
. Mayor
Page 4 of 4
Ordinance No. 95-02-78
,.
AGENDA ITEM ~ 7D
' , OCTOBER 28, 2002 .
STAFF REPORT
.~ .City of Atlantic Beach ~ ~ '
. Commission Meeting
AGENDA ITEM: , Proposed Revisions for Chapter 5, .Municipal Code
DATE: ~ October 2l, 2002. ~ .
SUBMITTED'BY: David E. Tho ps~hief of Police/DPS~ ~ .
BACKGROUND: ~ ~ ~.
One of the strategic plans identified by the City Comrission was the need for updating.
..the City Code. To that end, the Police Department has reviewed Chapter 5 Beaches and
Parks in the City Code, and has provided recommendations for updates and changes.
These recommendations provide a starting point for the City Commission to update
Chapter S of the City~Code. It has been more than thirty (30) years since mast of this
chapter was written, and the City Commission is encouraged to add, delete; or modify
this section according to the Commission preferences. ~ .
Recommended changes include:
Section 5-1(b) Closing during Emergencies. The changes proposed in this~section are
not substantive changes. They are intended to improve the wording, but not the intent of ~ ~~
the existing section. ~ ~ ~ ~ .
Section 5-2 Undressing or changing clothes. The Police Department has ~'
recommended the elimination of this section for two reasons.
~::
1.' . There is a state law that deals with indecent exposure, and it is unnecessary to
. duplicate it with ~a city code. ,.If someone is exposing~him/herself in an
indecent manner, then there are state laws .to address the problem.
. ~ 2. To enforce a prohibition against "changing clothes" would be very difficult to ..
enforce. Every day, people go to the beach and "change clothes." 'It is
common for people.to be wearing a bathing suit under their outer garments,
.. and these people "change clothes" for sunbathing, sports, walking, running, .
bicycling, etc. This is a common practice, and it does not appear to be
' objectionable.to the majority of people on the beach..
Insert New Section 5-2 Sleeping on the beach. The Police Department recommends ,
specific language to prohibit people from camping or sleeping on the beach from 11:00
PM to 6:00 AM without receiving permission from the City Manager. This will prohibit
people from camping or sleeping on the beach at night, but it will give the City Manager
• AGENDA ITEM tt 7D
. OCTOBER 28, 2002 ' •
. discretion to approve organizations who may want to have a special event that includes •
camping or sleeping on the beach.. ~ ~ •. '
• .Section ~-3 Picnicking. The Police Department has recommended the elimination of •
this section for several reasons.
I. The New Webster's Dictionary defines picnicking as. "an outdoor pleasure -•
~ ~ excursion, usually with a meal carried along." By this definition, virtually .
everyone on the beach is picnicking. The reason most people come to the
beach is to engage in an "outdoor pleasure excursion:" .~ .. '
2. There aze already laws to deal with littering and other, unacceptable behaviors.
3. There are no public or private facilities to provide.food or drinks for people on' •
the beach. In summer heat, people need food and drinks to avoid heat related
. health problems. •. ~ ~ ~ , • •
Insert New 5-3 Lighting of Fires: The addition of this.section is~intended to.prohibit .. .•
.fires on the beach. In the past, the City has typically prohibited. fires on the beach . • ..
including charcoal grills, gas grills, and.campfires. Under these provisions,.no fires would
• be allowed on the beach without the City Manager's permission. The proposed language • • .
provides the City Manager with the discretion to approve special events and activities. •
that might include fires on the beach. . ~ ., ~ _ • . '. ~ • '
• Section 5-4 Littering. The Police Department has added cigazette butts to the list of
. .. - litter and refuse that is unacceptable to leave on the~beach. When beach cleanups are
conducted, there are numerous cigarette butts picked up each year. Adding this to the .
.code makes it clear that cigarette butts aze litter, and it is unacceptable to leave them on
the beach: ~ ~ ~ ~ '
~:• • ~ Section 5-? • Operation of motorized apparatus within two hundred feet of beach: ~ ~ ~ •
!`. ~ Since people are going to launch certain types of watercraft on the beach, the Police
Department wants to make it clear that the only acceptable location for doing so is at the
• ~ Atlantic Blvd, ramp, The Police Department and Lifeguards have been encouraging this '
practice for several yeazs; and it appears to meet the needs of the boaters,and the bathers.
It also keeps people-from trying to_drive through the other beach accesses to launch '
• vessels.
' ~ Section S-8 Parking of sailboats, catamarans, and vessels. Sections (a) and (b) The
' existing requirement for people to obtain permission within twelve (12) hours.to leave ~ _
their boats on the beach is difficult to accomplish, especially on weekends and holidays. •
The Police Department recommends extending the time requirement to seventy-two (72} . •
hours. .. •
Section 5-16 Establishment: hours and period of use. This section has been
eliminated. When it was passed in 1970, motor vehicles had been allowed to drive on the
• AGENDA ITEM # 7D
OCTOBER 28; 2002
~.. beach. This section was used, in conjunction with 5-17, to prohibit driving on the beach. ~ .
The Police Department is not aware of any purpose that is served by having this section
:. in the City Code. ~ •
Section 5-I7 .Use of vehicles and riding.of animals prohibited. The only •
recommended change to this section is the elimination of the reference to Section 5-16. •.
• ~ Section 5-18 Barricades This section directs the City Manager to. erect barricades•
relative to Section 5-16. There are already barricades.in place, and the Police Department ••
sees no purpose in keeping this section of the City Code. ~ ... '
'' :..
BUDGET: ~ No Impact ~ :•
• ,RECOMMENDATIONS: For the Commission to review and modify Chapter 5 to •• • •
. ~ their preferences. .. •
• ~ ATTACHMENTS: ~ Chapter 5 Proposals
REVIEWED BY CITY MANAGER: ~.
~•• ~ ~ •.
• . AGEND ITEM NUMBER: - •
,.
• ~~ .. .
AGENDA ITEM ~ 7D
OCTOBER 28, 2002
Ordinance No. 95-02-78 '
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 5; BEACHES AND PARKS; ARTICLE I, IN
GENERAL, ARTICLE II, BEACH SAFETY ZONE, ARTICLE III, PUBLIC ~ .
PARKS, PROVIDING ••FOR SEVERABILITY, AND PROVIDING AN
EFFECTIVE DATE ~ : ,
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE .
OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: ~ ~ ~ ~.
SECTION 1. Chapter 5, Beaches and. Parks, Articles I, II, 'and III of the Code of ~•
Ordinances of the City of Atlaritic Beach, Florida; are hereby amended to read as follows: ~ •
• ~ ~ ~ Chapter S ~ ' .
• BEACHES AND PARKS ~ •
ARTICLE I. IN GENERAL
Sec. 5-7. Closing during emergencies.
(a) During such times as, in the opinion of the director of public safety or, in his absence,
. .the city manager, swimming or bathing in the Atlantic Ocean or use of the beach between the
. bulkhead and the waters of the Atlantic Ocean is deemed dangerous and hazardous to the safety,
life and fiealth of persons using the ocean or beach, or any condition shall exist or threaten~to
occur that will imperil the peace arid'good order of the city, the director of.public safety ~is
authorized to close the ocean or beach or both or any part thereof and prohibit all swimming or
,bathing in the ocean~or use of the beach or both in any manner, and require all persons thereon
forthwith to remove themselves therefrom, or any part thereof, until the ocean; beach or ~ ~..
dangerous areas are considered safe again for use. ~ ~ ~ ~ : .
,..
t., . (b) It shall be unlawful for any person to knowingly u~e~ refuse, when ordered, to '
~~.
' removeT};.z, him herself from any area which has been closed by the director of public
safety. .~
• 'Sec. 5-2. T'~„I~~,.n~~~ sb ~~~; Sleeping on. the Beach ~ ~ .
• ~ a
~e-c~: It shall be unlawful for anvone to camp or sleep on the beach from 1 I.00 PM to 6.00. •'
AM. without first receiving permission from the City Manager .
Sec. S-3. ~~;;~ b LiQhtin~ of Fires
~e-e-~t3F: It shall be unlawful for anvone to start, maintain, allow or have a fire on the beach
without written approval from the City Manager or his designee This includes but is not limited
to, wood, charcoal or eas whether or not the fire is self-contained or an open fire
AGENDA ITEM # 7D
OCTOBER 23, 2002
Sec. 5-4. Littering.
It shall be unlawful for ,any person to Leave any paper, glass, cans, food, fish, .crab,
cigarette butts, or other type of refuse upon the beach in the city. ~ ~ .
Sec. 5-5. Surfboards.
It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent
to the beach within the corporate limits of the city at any: time and at any location unless the
surfboard has securely fastened to it a tether not exceeding eight (8)• feet in length,• the free end of
which must be securely bound to either the ankle or wrist of the surfer.
Sec: 5-6. Parking of sailboats not to obstruct lifeguard activities.
It shall lie unlawful for any person to park a sailboat or catamaran on the beach in any
manner which will.obstruct the view of lifeguards performing lifeguard activities.
Sec. 5-7. Operation of motorized. apparatus within two hundred feet of beach:
It shall be unlawful far any, person to operate any motorized boat or other motorized ~ . ~ '
apparatus within two hundred (204). feet of the beach. Personal watercraft, sailboats, and similar
watercraft will only be launched at the Atlantic Boulevard ramg;
Sec. 5-8. Parking of sailboats, catamarans,~and vessels..• ~ .. .•
_ (a) It shall be unlawful for.any person to park or leave unattended a sailboat, catamaran, or'
other vessel on the beach for more • than *~•*~••~ seventy-two •(72) hours without frst
. notifying and receiving permission from the chief of police or his designee. A ~e sailboat, ~ .
• catamaran, or vessel shall only be allowed to park par-1Ee~f~ over•seventy-two•(72) ~e}•~e-{-1-?3
- ~ hours ~; iti °°--~'~ ' ~' ~ between May. 1' to September 30 of each year, At no time will any •~
sailboat,•catamaran, or other vessel be allowed to park west of the dune line; on a beach access,
`~'` or public right-of--way. ~ ~ ~ .
~:-
- (b) Befoie the chief of police or his designee gives permission for the owner of #lte a sailboat, •
catamaran, or other vessel to be•parked over seventy-two (721'~~~z.~.'~~~°-'~'~ hours on the beach,
. the owner must provide proof of ownership, description,, serial number,. hull number or other •
identification number, and the location desired for parking same. Pennission.to park, and the
. ~ location requested, is at the sole discretion 'of the .chief of police. The chief of police may
develop additional rules to govern such parking to protect the public's safety.
(c) Any person who parks a sailboat or catamaran or other vessel in violation of this section
is subject,to having such sailboat, catamaran, or other vessel towed at the owner's expense.
Secs. 5-9-5-X5.16. Reserved.
• Page 2 of 4
~'~ Ordinance No. 95-02-78
• •. • . AGENDA ITEM # 7D
• OCTOBER 28, 2002
ARTICLE II.
BEACH SAFETY ZONE
- --- ------ - ---,...._, ...._., _~- r----- -- ----
D f O J •
• O p f
b b .
b
' ~ ~ f f ' f ~
f J ' ,
J O Df bf .7 f .7 .
n r~ _
Sec. 5-17. Use of vehicles and riding of animals prohibited.
• It shall be unlawful for any person to ,propel, operate .or drive any motorized vehicle or • , • ~ •
any vehicle drawn, by a draft animal or to ride any animal at any time on ^~~*'~~~ `'~^* ^~~^ ^~'the • •
,ocean beach sY,:,.;~;°a : ~ ,. ~ , ~, ^,.,,..,, . .
s c yQ ~
• ter--. .~. r~~~T • , •
. ~ P P
*r~ ffir ~nrnh it '+ a t, +~. • ,+' ~ ~ ~ •
. r u~z~a-arcz~rc-
Secs: 5-X318--5-30. Reserved. • . •
,...;:
I •-;' ARTICLE IIT. PUBLIC PARKS • • .
Sec. 5-3I.• Public parks use prohibited after dark.
It shall be unlawful for any person or groups of persons, to congregate in or about or traverse •
through any public parks: . , ~ •
(a) Between the hours of sunset and sunrise or 8:00 p.m. and 6:00 a.m., whichever is Iater,
except as follows:
(1) When using lighted public facilities in .public parks, such as ball fields and tennis
courts, provided such use shall never be later than 10:00 p.m.;
Page 3 of 4
Ordinance No. 95-02-?8 •
. AGENDA ITEM # 7D
OCTOBER 28, 2002
.I
(2) When an organized event has been approved by the parks and recreation
department.
(b) .When a park or parks have been officially, closed by the city ,for maintenance,
construction, repairs, and the like, and has been so. posted. ~ ~ ~.
SECTION 2: Severability. ~ ~ ~, ~ .
. If any section, sentence, clause, word or phrase of this ordinance is held to be invalid or
unconstitutional by a•court of competent jurisdiction, then said.holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 3: This ordinance shall become effective immediately upon final passage:. ~ • . .
• PASSED by the City Commission on first reading this ~ day of , 2002.
.PASSED by the City Commission on second and final reading this day of
2002.
. ~ ~ JOHN S. MESERVE .
~. .Mayor
Approved as to form and correctness:. ~ ~ .
ALAN C. JENSEN, ESQUIRE ~ ~ .
City Attorney ~ ~~
. Attest:
. MAUREEN KING ~ ~ ~~ ~ . .
. ~ ~ City Clerk
Page 4 of 4 ~ ,
• Ordinance No. 95.-02-78
__ __ ~