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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,
j 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continued in force by reference therein, are hereby repealed from and after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:
.5r33V - ,Q3
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{ "--+......:,....»•...:.°: ?........-_?... _ .....? .. . z . J i,f tr. v... ..a-,_ -.H"f,'s: '!yt..d.!"y=t a+t"ialCt+C.?C`? ?` . "T'?; 117 Rris-':y .,f•.
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(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revive any ordinance or part thereof that has been repealed by a subsequent
ordinance which is repealed by this ordinance; and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 1.14 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
2
5-331- 93
•4:: rv? Jar. n,. . .
T-17 r7
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.
f
Section b. 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
ip, 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 v, !idity of the ordinance as a whole
3
53351- Y,3
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
Rita Garver" -
Mayor-Commissioner
Attest:
Cyn is E. Gou eau
City lent
Approved as to orm acid correctness:
M. A. Galbraith, Jr
City Attorney
P
5?53?t- 93