ORDINANCE NO. 05-01

 

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO SECTION 17-132 – OUTDOOR CAFES; PROVIDING FOR SEC. 17-132(6)(b) TO EXPIRE ON DECEMBER 31, 2005 UNLESS ADOPTED IN A SUBSEQUENT ORDINANCE; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

WHEREAS,  the Zoning and Planning Board has expressed an interest in improving business opportunities within the Town’s business district; and

WHEREAS, outdoor cafes are permitted within the “C” and “C-1” districts, and

WHEREAS, certain provisions of the current ordinance are considered to be restrictive; and

WHEREAS, Ordinance 03-12 previously  extended the hours of operation of outdoor cafes under certain conditions with a “sunset provision” of December 31, 2004; and

WHEREAS, it is the desire of the Town Council to extend the provisions of Sec. 17-132(6)(b) in order to better review its desirability and effectiveness; and

WHEREAS, the Town Council finds that this ordinance will promote the public safety, welfare and economic order of the community;

 

            NOW, THEREFORE, be it ordained by the Town Council of the Town of Indialantic, Brevard County, Florida that:

 

                SECTION 1.  Expiration Date.  The provisions of Section 17-132(6)(b) shall expire on December 31, 2005.  This provision, commonly known as a “sunset provision,” is included in this ordinance to ensure that this ordinance, its effectiveness and its desirability will be reviewed by the Town Council within a reasonable time after its adoption.

 

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 October, 2004, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of November, 2004.

 

TOWN OF INDIALANTIC

 

 

 

__________________________

Daniel S. Trott

Mayor

ATTEST:      __________________________

Laura Eaton, CMC                        (TOWN SEAL)

Town Clerk