Ord. 12-06 – Approved

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[ Code of Ordinances ]
Ord. 12-06 – Approved

ORDINANCE NO. 12-06

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY FLORIDA, AMENDING SECTION 17-106.3 – PERMITTED TEMPORARY SIGNS; CREATING A NEW SUBSECTION RELATING TO SPECIAL EVENTS; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town of Indialantic will celebrate its 60th birthday this year; and

WHEREAS, the Town Council declares the Town’s birthday celebration as a special event; and
WHEREAS, the Town’s birthday celebration should be festive; and

WHEREAS, allowing flags of various colors can be festive; and

WHEREAS, the Town Code currently prohibits flags except for the State flag and those of various nations; 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, FLORIDA:

SECTION 1. That Sec. 17-106.3 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 17-106.3. Permitted temporary signs.

* * * * *
(8) Special Event: Signs, banners, and flags (without wording or symbols) may be temporarily erected in recognition of Special Events (e.g. town birthdays) as determined by the town council. A non-fee permit must be obtained from the town manager who will be responsible for authorizing the location of such temporary signs, banners, and flags. The signs, banners, or flags cannot extend over a curb or sidewalk in the street and their placement will not be erected for more than two (2) weeks prior to the event and will be removed within forty-eight (48) hours of the conclusion of the event.

SECTION 2. 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 3. 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 4. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of February, 2012, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of March, 2012.

TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor
ATTEST: __________________________
Laura Eaton, CMC (TOWN SEAL)
Town Clerk