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ORDINANCE NO. 5382-93
lY
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE; READOPTING,
RATIFYING, AND CONFIRMING SUBSECTION (1) OF SECTION
44.31, CODE OF ORDINANCES, RELATING TO SIGN PERMITS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the provisions of Section 134.013(a) of the Clearwater Code of
Ordinances of 1980 (the "1980 Code") have been declared invalid by the Eleventh
Circuit Court of Appeals in Dimmitt v. City of Clearwater, Case Dumber 92--2060
(March 23, 1993), which decision is not yet final; and
WHEREAS, the entire Code of Ordinances of the City of Clearwater has been
recodified, and the recodified Code of Ordinances (the "1992 Code") was adopted
on February 4, 1993, by the adoption of Ordinance 5334-93; and
WHEREAS, Section 134.013 in the 198D Code has been renumbered as Section
44.31 in the 1992 Code; and
WHEREAS, Section 134.008(18) of the 1980 Code contained a government-flag
limitation on the flag exemption from the sign permit requirement, which the
Court of Appeals found to be the basis for declaring Section 134.008(18) invalid,
but Ordinance 5257-92 removed the government-flag limitation; and
WHEREAS, the court found Section 134.013(x) of the 1980 Code (now Section
44.31(1) of the 1992 Code) invalid only because otherwise the court believed that
the plaintiff would be in a worse position than if the City had prevailed in the
lawsuit; and
WHEREAS, the City Commission finds that the readoption of Section 44.31(1)
of the 1992 Code is necessary to the enforcement and implementation of the sign
regulations of the City; and
. WHEREAS, the City Commission finds and declares that this ordinance is
consistent with the Comprehensive Plan of the City; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Subsection (1) of Section 44.31, Code of Ordinances, formerly
subsection a) of Section 134.013, Code of Ordinance, which reads now as follows,
is hereby readopted, ratified, and confirmed in all respects:
Sec. 44.31. Permit.
(1) Required; exceptions. No sign shall be located, placed, erected,
constructed, altered or extended without first obtaining a sign permit therefor,
with the exception of the following actions which shall not require a permit:
(a) Changing the advertising copy, announcement or message on a marquee
or changeable copy sign board so designed to alter such copy;
(b) Cleaning, painting, or electrical or comparable general maintenance
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or repair of a sign that does not alter any regulated feature of
such sign;
(c) Locating a sign which is specifically exempt from the otherwise
applicable permitting requirements in accord with section 44.08.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _ May 20, __1993
PASSED ON SECOND AND FINAL. READING
AND ADOPTED June 3, 1993
Attest:
Q.tiNL_ M?
Cynt a E. (you eau .
C i t,y 1 erk
Approved as to form and correctness:
I'll? , a
i
S
F
M. A. Galbraith( it
City Attorney L/
2
Kira uarvey
Mayor-Commissioner
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