Ordinance 11-02 – Approved

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[ Code of Ordinances ]
Ordinance 11-02 – Approved

ORDINANCE NO. 11-02

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO POLITICAL SIGNS; AMENDING SECTIONS 17-106.3(5)(a)4 AND 17-106.3(5)(b)3 RELATING TO THE TIME FRAME TO DISPLAY SIGNS FOR TOWN ELECTIONS; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Council desires for voters to be aware as to those running for Mayor and Council; and

WHEREAS, current Town political sign regulations restrict the placement of Town Mayor and Council signs to 30 days prior to the elections; and

WHEREAS, the State of Florida sends absentee ballots to voters approximately 45 days prior to the election; and

WHEREAS, the Zoning and Planning Board, sitting as both the Zoning and Planning Board and the Local Planning Agency (LPA), has found this Ordinance to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan; and

WHEREAS, the Town Council adopts the LPA’s findings as its own.

NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Indialantic, Brevard County, Florida:

SECTION 1. That Sec. 17-106.3(5)(a)4 is hereby amended to read:

(5) Political signs.

(a) Temporary political signs on public property. If the sign becomes a hazard to public health and safety, the police, the building official, the public works director, or the code enforcement officer hereby shall have the authority to remove the sign immediately.
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4. For county, state and national elections, no political sign shall be erected or displayed earlier than thirty-five (35) days before the date on which the qualifying period opens for the candidate whose name is advertised on the political sign. In the case of political signs advertising a referendum issue subject to such an election ballot, no such sign shall be erected or displayed earlier than seventy five (75) days before the referendum election at which the referendum issue advertised on said political sign shall be voted upon. For all town elections, no political sign shall be erected or displayed earlier than 45 days prior to the election in which the candidate or referendum issue will be voted on. Political signs which advertise issues or points of view not subject to a referendum election shall not be subject to this sub-paragraph 4.

SECTION 2. That Sec. 17-106.3(5)(b)3 is hereby amended to read:

(b) Temporary political signs on private property.

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3. For county, state and national elections, no political sign shall be erected or displayed earlier than thirty-five (35) days before the date on which the qualifying period opens for the candidate whose name is advertised on the political sign. In the case of political signs advertising a referendum issue subject to such an election ballot, no such sign shall be erected or displayed earlier than seventy five (75) days before the referendum election at which the referendum issue advertised on said political sign shall be voted upon. For all town elections, no political sign shall be erected or displayed earlier than 45  days prior to the election in which the candidate or referendum issue will be voted on. Political signs which advertise issues or points of view not subject to a referendum election shall not be subject to this sub-paragraph 3.

SECTION 3. Severability/Interpretation Clause.

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through and deletions from existing text.
(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 4. Ordinances and Resolutions in Conflict. All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

SECTION 5. Effective Date. This Ordinance shall become effective upon adoption.

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of____________, 2010, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of ____________, 2010.

TOWN OF INDIALANTIC

_________________________
David Berkman
ATTEST: Mayor

__________________________ (TOWN SEAL)
Laura Eaton, CMC
Town Clerk

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