AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, AMENDING CHAPT. 6 AND CHAPT. 8; CHANGING THE TERM “OCCUPATIONAL LICENSE” TO “BUSINESS TAX” OR “BUSINESS TAX RECEIPT,” PROVIDING A SEVERABILITY AND INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

              WHEREAS, House Bill No. 1269 was enacted during the 2006 legislative session changing the name of the item issued by local governments from occupational license tax to local business tax to help eliminate some fraudulent misrepresentations; and

 

       WHEREAS, Ordinance No. 06-14, adopted by the Town Council on October 17, 2006, changed the reference to occupational licenses in Chapter 9 of the Town code; and

 

       WHEREAS, Chapter 6 relating to alarm permits and Chapter 8 relating to dumpsters also contain references to occupational licenses;

 

       NOW, THEREFORE,  be it resolved by the Town Council of the Town of Indialantic, Brevard County, Florida, as follows:

 

       SECTION 1.  That Sec. 6-169 of the Indialantic code of ordinances is hereby amended to read as follows:

 

Sec. 6‑169. Permits required; fee; renewal.

 

(a) It shall be unlawful for any person subject to occupational license business tax regulation to operate an alarm system in the town with­out a valid permit, regardless of whether said operator is also the owner or merely the user of such alarm system in a rental or lease situation. Operation of an alarm system without a permit shall be grounds for a hearing before the code enforcement board.

 

(b) A permit fee of ten dollars ($10.00) per year shall be levied on each and every business alarm system installed and in use within the town and on every residence alarm system that is directly connected with the town communication system. If a business has one (1) or more alarm systems protecting two (2) or more separate structures having different addresses, a separate permit shall be required for each structure.

 

(c) All alarm permits will expire on the thirtieth day of Sep­tember of each year and must be renewed not later than the first day of October of each year. Renewal permits for businesses will be issued at the same time that occupational licenses business tax receipts are issued.

 

        SECTION 2.  That Sec. 8-12.1(d) of the Indialantic code of ordinances is hereby amended to read as follows:

 

Sec. 8-12.1.  Dumpsters.

*     *     *     *     *

(d) Enclosures shall shield all four (4) sides of dumpsters except for dumpsters used while construction is in progress. The enclosures shall be in place, for any activity that requires the use of a dumpster, upon completion of new structures, or remodeling of existing structures, or upon request for an occupational license a business tax receipt or upon renewal of an occupational license a business tax receipt.  Enclosures shall comply with the following standards:

 

                    SECTION 3.  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 provision of this Ordinance, the following rules and symbols shall apply:

(1)Words underlined are additions to existing text.

(2)Words stricken through are 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 4.  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 5.  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 ______________, 2007, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ______ day of _______________, 2007.

 

                                                                           

TOWN OF INDIALANTIC

 

 

 

                                                                                    ________________________

                                                                                    Robert L. Cochran, Jr.

                                                            Mayor

 

ATTEST:                  ________________________                                                (TOWN SEAL)

                  Laura Eaton, CMC

      Town Clerk