Ord. No. 14-11 – Approved

This material was filed under
[ Code of Ordinances ]
Ord. No. 14-11 – Approved

ORDINANCE NO. 14-11

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO CHAPTER 5.5 – BEAUTIFICATION; AMENDING SECTION 5.5-68(a) – LANDSCAPING; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the area referred to as “streets” within the Town includes the entire area of the right-of-way which includes the paved driving portion; and

WHEREAS, the placement of material in the right-of-way can pose a hazard to motorists and bicyclists; and

WHEREAS, it is the intent of Council to ensure that rights-of-way provide maximum protection and safety to all users of the right-of-way; and

WHEREAS, some material might wash away after a rain event and eventually into the Indian River Lagoon; and

WHEREAS, Council desires to protect the Indian River Lagoon;

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

SECTION 1. That Sec. 5.5-68(a) of the Code of Ordinances of Indialantic, Florida is hereby amended to read as follows:

Sec. 5.5-68. Landscaping.

(a) Exterior of premises. Every owner or occupant in a single-family, duplex-, multifamily, residential-, professional-, tourist-, or church-district shall be required to maintain, with driveways, a front-yard area extending to the street pavement that is covered by a lawn, gravel, or ornamental plants, shrubs, or trees. Vegetation or any other material placed in the street other than a lawn requires authorization from the town public works director. Gravel or ornamental stone in the street is prohibited. Such areas in commercial and shopping center districts, if not paved, shall be maintained as above. Corner lots shall have two (2) such “front-yard” areas extending to each street paving for the purposes of this section.

SECTION 2. Severability Clause. 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.

SECTION 3. Effective Date. This Ordinance shall be effective upon adoption.

Passed on first reading this __th day of ________, 2014 and on final reading this __th day of ________, 2014.
TOWN OF INDIALANTIC

_____________________
David Berkman
Attest: __________________________ Mayor
Laura Eaton, CMC
Town Clerk