ORDINANCE NO. 05-02

 

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO TRANSIENT SIGNS; PROVIDING FOR THE AMENDMENT TO SECTION 17-106.4(6)(f)1. 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 Town Council adopted Ordinance 02-07 in an attempt to promote the aesthetics of the community by limiting the amount of transient signs and avoiding sign clutter within the community; to promote the public safety by limiting the amount of signs that may distract motorists and pedestrians within the public right-of-way; to promote the economic order of the community by providing for a more desirable shopping and commercial/tourist environment; and to provide reasonable  content neutral standards for signs to protect freedom of speech and U.S. Constitutional First Amendment freedoms; and

 

            WHEREAS, the Town Council has determined that the regulation limiting the amount of transient signs could be less restrictive; and

 

            WHEREAS, Ordinance 04-01 amended the provisions of Section 17-106.4(6)(f)1. with a sunset provision which expires on December 31, 2004; and

 

            WHEREAS, it is the desire of the Town Council to extend the provisions of Sec. 17-106.4(6)(f)1.  in order to better review its desirability and effectiveness; and

 

     WHEREAS, the LPA finds that this Ordinance will promote the economic order, public safety, and aesthetics of the community; 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.  Expiration Date.  The provisions of Section 17-106.4(6)(f)1.a. 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. 

 

            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:

 

 

__________________________                                                        (TOWN SEAL)

Laura Eaton, CMC

Town Clerk