ORDINANCE NO. 07-07

 

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO CHAPTER 5 – BEACHES, BOATS, PARKS & RECREATION – CREATING A NEW SEC. 5-7 PROHIBITING FIRES IN OR ON ANY PARK STRUCTURE; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

            WHEREAS,  the Town of Indialantic has numerous parks within the Town’s boundaries; and

 

            WHEREAS, these parks are maintained by the Town at a cost to local taxpayers and park users; and

 

            WHEREAS, the Town has an investment as to the value of structures within these parks; and

 

            WHEREAS, the Town has a responsibility to protect the Town’s investment; and

 

            WHEREAS, these park structures could be damaged if fires were established on or in such park structures;

 

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

             

             SECTION 1. That a new section 5-7 be added as follows:

 

Sec. 5-7.  It shall be unlawful to build a fire, open flame or containerized (e.g. in or on a grill or hibachi), in or on any park structure (e.g. gazebo, pier, boardwalk, parking lot).

 

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 April, 2007, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of May, 2007.

 

 

TOWN OF INDIALANTIC

 

 

__________________________

Robert L. Cochran, Jr.

Mayor

ATTEST:       __________________________

Laura Eaton, CMC                        (TOWN SEAL)

Town Clerk