2596-82
ORDINANCE NO. 2596-82
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 95. 02, INTENT, AND SECTION 95.04,
PROHIBITIONS, OF CHAPTER 95, LOT CLEARING, OF
TITLE VIII,. PUBLIC HEALTH AND SAFETY, OF -THE CODE
OF ORDINANCES, CITY OF CLEARWATER, TO REMOVE
SIGHT DISTANCE LANGUAGE FROM SUCH SECTIONS
BECAUSE SIGHT DISTANCE CONSIDERATIONS ARE
COVERED UNDER ANOTHER CHAPTER OF THE CODE;
PROVIDING FOR THE REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE DATE
OF THIS ORDINANCE.
WHEREAS, the question of obstructions to sight distance at intersections
is now covered under two chapters, namely Chapter 95, Lot Clearing and
Chapter 124, Obstructions of Drivers' Vision by Trees and Shrubbery; and
WHEREAS, the subject area is best controlled by the Traffic
Engineering Department; and
WHEREAS, it is necessary to amend the code to remove the conflict
that now exists;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Section 95. OZ, Intent, of Chapter 95, Lot Clearing,
of Title VIII, Public Health and Safety, of the Code of Ordinances, City of
Clearwater, be and the same is hereby amended to read as follows:
Sec. 95. 02. Intent.
It is hereby declared, due to the population density of the
city, that the excessive growth or accumulation of weeds,
undergrowth and similar living or dead plant material, or
the accumulation of debris, or other noxious materials upon
property situated in the incorporated limits of the city is
contrary to the public health, safety and general welfare of
the residents of the city in that such growth or accumulation
creates a haven or breeding place for snakes, rats, rodents
and other vermin of like or similar character, or creates a
breeding place for mosquitoes, creates a fire hazard to adjacent
properties or adversely affects and impairs the economic welfare
of adjacent property, e?-reaY,a$-a-t,?a?€ikagard-,a?read-iter-
sestio??s-vt+4tdtin-ths and by reason of such factors is hereby
declared to be a public nuisance. It is, therefore, deemed to be
in the best interest of the health, safety and general welfare of
the citizens of the city that such growths or accumulations, whether
they be in the nature of weeds or other forms of plant life or other
materials, be removed in accordance with the following procedures
of this chapter.
SEE ORDINANCE
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ordinance 2596-82
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Section Z. That subparagraph (b) of Section 95. 04, Prohibitions,
of Chapter 95, Lot Clearing, of Title VIII, Public Health and Safety, of the
Code of Ordinances, City of Clearwater, be and the same is hereby amended
to read as follows:
Sec. 95.04. Prohibitions,
(b) No person shall permit the excessive growth or
accumulation of plant material or the accumulation
of debris or other similar material upon property
situated on street right-o£-way in the incorporated
limits of the city. whieh-condi-tioz*gx%ea-tes-a-xra€€ie
kasard-eifiker}r?x*deatr# or-motortraf#ic?4>5,eb.-
stnHating-the-view-cif-agprsaaking •tra€f4e-io-any-kAexe-
seetioire -attest-its-the-incorporated 4irrita-of-tha-eit;y,
Section 3. All ordinances or parts of ordinances in conflict herewith
or inconsistent with the provisions of this ordinance are hereby repealed
to the-extent of their conflict.
Section 4. Should any section, paragraph, sentence, phrase,
clause, or other part or provision"of this ordinance be declared by any
court to be invalid, the same shall not affect the validity of the ordinance
as a whole,, or any part thereof, other than the part declared to be invalid.
Section 5. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166. 041, Florida Statutes.
Sectiori 6. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING January 21, 1962
PASSED ON SECOND AND FINAL
READING AND ADOPTED February 4, 1982
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Mayor-Commissioner
Attest.,
2 /4/82