Ordinance 12-11 – Approved

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[ Code of Ordinances ]
Ordinance 12-11 – Approved

ORDINANCE NO. 12-11

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY FLORIDA, RELATING TO  SKATEBOARD RAMPS; AMENDING SEC. 17-112 TO ALLOW SKATEBOARD RAMPS IN CERTAIN ZONING DISTRICTS UNDER CERTAIN CONDITIONS; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

   WHEREAS, enabling the use of skateboards on private property may alleviate the use of skateboards within the street; and

   WHEREAS, removing skateboard use from streets lessens the potential for skateboard and motor vehicle conflicts; and

   WHEREAS, some people desire to use skateboards as a form of recreation; and

   WHEREAS, Council desires to maintain a sense of quiet in the community at certain hours;

    NOW, THEREFORE, BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, FLORIDA:

     SECTION 1.  That Sec. 17-112 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

 17-112.  Skateboard ramps.

 (1)            Skateboard ramps are not permitted in the R-1-A, R-1-B, R-2, R-3 and R-P zoning districts.  Skateboard ramps must meet the following conditions:

(a)   are restricted to use only between the hours of 8:00 a.m. and 9:00 p.m. Eastern time;

(b)   are allowed, when in use, only in front of the front structure line and in the side yard if maintained a minimum of ten (10) feet from the side lot lines;

(c)   may be stored, when not in use, in a side or rear yard without restriction as to setback;

(d)   are allowed in front of the front structure line only during permitted hours of use;

(e)   will not be allowed in the paved street or public right-of-way;

(f)     will not be illuminated;

(g)   will be in good repair and not be in a deteriorated state; and

(h)   will not exceed four (4) feet in height.

(2)        In all other districts, skateboard ramps shall be placed far enough from public sidewalks and public streets so as to prevent the user of the skateboard ramp from moving onto said sidewalk or street as a partial or complete result of the momentum generated by the use of the ramp.  No person shall allow the erection, placement or maintenance of a skateboard ramp on his property in violation of this Section. 

(3)            Violation of this provision shall be enforced by the Indialantic Code Enforcement Board pursuant to its rules and procedures in accordance with Florida Statutes Chapter 162.

             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.  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 July, 2012, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of August,  2012.

 TOWN OF INDIALANTIC

 

__________________________

David Berkman

Mayor

ATTEST:                     __________________________

Laura Eaton, CMC                       

Town Clerk