CODE OF ORDINANCES CITY OF CLEARWATER, FLORIDA

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Published by Order of the City Commission

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Adopted February 4, 1993
Effective Februrary 4, 1993

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OFFICIALS

of the

CITY OF

CLEARWATER, FLORIDA

AT THE TIME OF THIS CODIFICATION

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Rita J. Garvey

Mayor

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Richard A. Fitzgerald

Sue Berfield

Arthur X. Deegan, III

Lee Regulski

City Council

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Michael J. Wright

City Manager

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M. A. Galbraith, Jr.

City Attorney

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Cynthia E. Goudeau

City Clerk

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of the City of Clearwater, Florida.

Source materials used in the preparation of the Code were the 1980 Code, as supplemented through September 20, 1990, and ordinances subsequently adopted by the city commission. 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 1980 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of Part II, Subpart A, of the Code have been conveniently arranged in alphabetical order, but the chapters of Part II, Subparts B and C, are not in alphabetical order. 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 decimal point refers to the chapter number, and the figure after the decimal point refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1.02, and the first section of chapter 8 is 8.01. Under this system, each section is identified with its chapter, and at the same time new sections or even whole chapters 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 3.01 and 3.02 is desired to be added, such new section would be numbered 3.015. 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, where appropriate, when including new chapters. 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.

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.

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 TABLES	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 appropriate page or pages affected 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 sheets 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 Linda Davis, Senior 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 M. A. Galbraith, Jr., City Attorney; Cynthia E. Goudeau, City Clerk; and Mary K. Diana, Assistant City Clerk, 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 city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

ADOPTING ORDINANCE
ORDINANCE NO. 5334-93

An Ordinance of the City of Clearwater, Florida, Relating to the City Code of Ordinances; Adopting and Enacting a New Code of Ordinances; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing for the Manner of Amending Such Code; Providing for Severability; and Providing An Effective Date.

Be It Ordained by the City Commission of the City of Clearwater, Florida:

Section 1. The Code of Ordinances, consisting of Chapters 1 through 55, inclusive, together with the Appendix thereto, entitled "Code of Ordinances, City of Clearwater, Florida," published by Municipal Code Corporation of Tallahassee, Florida, and dated 1992, a copy of which accompanies this ordinance, is hereby adopted and enacted as the Code of Ordinances of the City of Clearwater, Florida. The Code of Ordinances may be referred to as the "Code of Ordinances," the "City Code," the "Clearwater Code," the "Code of 1992," or by any other informal name, provided that the context establishes that the reference is to the Code of Ordinances adopted by this ordinance or as the same may be amended from time to time.

Section 2. The Code of Ordinances shall be treated and considered as a new and original comprehensive ordinance which shall supersede all general and permanent ordinances of the City adopted on or before October 1, 1992, subject to the reservation of rights, obligations and liabilities as set forth in Section 5, below. All provisions of the Code of Ordinances shall be in full force and effect from and after February 4, 1993. All ordinances of a general and permanent nature of the City of Clearwater, adopted on final passage on or before October 1, 1992, and not included in the Code of Ordinances or recognized and continued in force by reference therein, are hereby repealed from and after February 4, 1993, except as provided in Section 1.10 of the Code of Ordinances and in Section 5 of this ordinance. Provided, however, that:

(1)

The repeal provided for in this section shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance; and

(2)

The repeal provided for in this section shall not be construed to repeal any ordinance which may be determined to be of a general and permanent nature and not protected by Section 1.10 of the Code of Ordinances, but which was not delivered to Municipal Code Corporation for codification in the Code of Ordinances or any earlier edition of the Code of Ordinances.

Section 3. Unless another penalty is expressly provided, a violation of any provision of the Code of Ordinances, or any provision of any rule or regulation adopted or issued pursuant thereto, shall be punished as provided in Sections 1.12 and 1.13 of the Code of Ordinances.

Section 4. Any and all additions and amendments to the Code of Ordinances, when passed in such form as to indicate the intention of the City Commission to make the same as part of the Code of Ordinances, shall be deemed to be incorporated in the Code of Ordinances so that reference to the "Code of Ordinances, City of Clearwater" shall be understood and intended to include such additions and amendments.

Section 5. Neither the adoption of the Code of Ordinances nor the repeal of any ordinance as provided by Section 2 shall affect any right, obligation or liability accrued before the effective date of this ordinance, or any right, obligation or liability to be determined and established where a lawsuit, administrative proceeding, or claim is pending, including but not necessarily limited to any indebtedness, resolution, administrative rule or regulation, right of franchise, special assessment, land use or zoning regulation, or violation of the former Code of Ordinances or any part thereof, which rights, obligations and liabilities are preserved. In any action, administrative hearing, contract, ordinance, resolution, citation or notice to appear, correspondence, or other matter in which a reference has been made to the former Code of Ordinances or to any part thereof by chapter, article, or section number, such reference shall be deemed amended by inference to the corresponding chapter, article, or section number in this Code of Ordinances.

Section 6. A copy of the Code of Ordinances shall be kept on file with the other public records maintained by the City Clerk, in looseleaf form or in such other form as the City Clerk may consider most expedient. It shall be the duty of the City Clerk, or someone authorized by the City Clerk, to insert in their designated places all amendments or ordinances which indicate the intention of the City Commission to make the same a part of the Code of Ordinances, when the same have been printed or reprinted in page form, and to extract from the Code of Ordinances all provisions which may from time to time be repealed by the City Commission. This copy of the Code of Ordinances shall be available for inspection by all persons desiring to examine the same, during the normal business hours of the City.

Section 7. It shall be unlawful for any person to change or amend, by additions, deletions, or otherwise, any provision of the Code of Ordinances or any portion thereof, or otherwise to alter or tamper with the Code of Ordinances in any manner which will cause the law of the City of Clearwater to be misrepresented thereby. Any person violating this section shall upon conviction be punished by a fine not to exceed $500.00 plus court costs.

Section 8. Should any part of this ordinance be declared invalid by any court, such declaration shall not affect the validity of the ordinance as a whole or any part thereof other than the part declared invalid, and for that reason this ordinance is declared severable.

Section 9. This ordinance shall become effective on February 4, 1993.

PASSED ON FIRST READING       January 21, 1993

PASSED ON SECOND AND FINAL READING AND ADOPTED February 4, 1993

	/s/         Rita Garvey       Mayor-Commissioner

Attest:

/s/         Cynthia E. Goudeau       City Clerk

Approved as to form and correctness:

/s/         M. A. Galbraith, Jr.       City Attorney