CODE OF ORDINANCES VILLAGE OF PALM SPRINGS, FLORIDA
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Published in 2005 by Order of the Village Council
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>CURRENT OFFICIALS
of the
VILLAGE OF
PALM SPRINGS, FLORIDA
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Bev Smith
Mayor
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Joni Brinkman, Vice Mayor
Patti Waller, Mayor Pro Tem
Doug Gunther, Council Member
Gary Reade, Council Member
Village Council
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Richard R. Reade
Village Manager
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Kimberly M. Wynn
Village Clerk
PREFACE
This Code constitutes a recodification of the general and permanent ordinances of the Village of Palm Springs, Florida.
Source materials used in the preparation of the Code were the 1994 Code, as supplemented through January 10, 2002, and ordinances subsequently adopted by the village council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1994 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 RELATED LAWS RL:1 CHARTER COMPARATIVE TABLE CHTCT:1 RELATED LAWS COMPARATIVE TABLE RLCT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Brad Christy, Vice President, Codes, Roger Merriam, Senior Code Attorney, and Leesa Hampton, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to the village staff, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the village readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the village's affairs.
ORDINANCE NO. 2006-09
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA ADOPTING AND ENACTING A NEW MUNICIPAL CODE FOR THE VILLAGE OF PALM SPRINGS, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, pursuant to Article VIII, §2(b) of the Constitution of the State of Florida and Chapter 166, Florida Statutes, the Village of Palm Springs, Florida (the "Village") has the governmental and corporate powers of a duly constituted municipality; and
WHEREAS, the Village Council has adopted general and permanent ordinances which up until now were codified in the 1994 Code of Ordinances, and which 1994 Code has been supplemented with ordinances that were subsequently adopted by the Village Council; and
WHEREAS, Village staff and representatives of the Municipal Code Corporation have identified a need to update and re-codify the 1994 Code, in order to correct inconsistencies within the Code, conform provisions of the Code to state and judicial law, and to create a new Code which will reflect the existing and active law of the Village; and
WHEREAS, Village staff has recommended to the Village Council that it adopt the new 2005 Code of Ordinances and provide for an effective date therefore; and
WHEREAS, the Village Council has considered the recommendations of Village staff, and deems it in the best interests and in support of the general health, safety and welfare to adopt the 2005 Code of Ordinances for the Village of Palm Springs.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PALM SPRINGS, FLORIDA:
Section 1. The 2005 Municipal Code entitled "Code of Ordinances, Village of Palm Springs, Florida," (hereinafter referred to as the "Code") published by Municipal Code Corporation, consisting of Chapters 1 through 82, each inclusive, is hereby adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before October 13, 2005, and not included in the Code, or recognized, or continued in force by reference therein, are hereby repealed.
Section 3. The repeal provided for in Section 2 hereof, shall not be construed to revive any ordinance or part thereof, that has been repealed by a subsequent ordinance that is repealed by this Ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code, or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than $500.00, imprisonment for a term not exceeding 60 days, or any combination thereof. Each act of violation and each day upon which any such violation shall continue or occur, shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the Village may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
Section 5. Additions or amendments to the Code, when passed in such form as to indicate an intention to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after October 13, 2005, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.
Section 7. This Ordinance shall become effective upon adoption.
Council Member ___________, offered the foregoing Ordinance, and moved its adoption. The motion was seconded by Council Member ________, and upon being put to a vote, the vote was as follows:
Aye Nay Absent JOHN M. DAVIS, MAYOR JONI BRINKMAN, VICE MAYOR PATTI WALLER, MAYOR PRO TEM CHET OSBORNE, COUNCIL MEMBER BEV SMITH, COUNCIL MEMBER The Mayor thereupon declared the Ordinance duly passed and adopted this 1st day of January, 2006.
VILLAGE OF PALM SPRINGS, FLORIDA
BY: _____
JOHN M. "MIKE" DAVIS, MAYORFirst Reading: _______
Second Reading: _______
ATTEST:
BY: _______
VIRGINIA WALTON, VILLAGE CLERKREVIEWED FOR LEGAL FORM AND SUFFICIENCY
BY: _______
KAREN E. ROSELLI, VILLAGE ATTORNEY