ORDINANCE 07-10
AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, AMENDING SEC. 13-53 – DEFINITIONS – RELATING TO THE MELBOURNE CAUSEWAY; PROVIDING A SEVERABILITY AND INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article III of Chapter 13 establishes regulations governing certain activities on that part of the Melbourne Causeway which is within the corporate limits of the Town; and
WHEREAS, the references to that part of the Melbourne Causeway are either incorrect or unclear; and
WHEREAS, for enforcement and clarification purposes, these references need to be amended;
NOW, THEREFORE, be it resolved by the Town Council of the Town of Indialantic, Brevard County, Florida, as follows:
SECTION 1. That Section 13-53 of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows:
Sec. 13‑53. Definitions.
* * * * * *
Median
strip means that grassy strip and all improvements between that certain
divided highway, State Road 192 US-192 (aka SR-500), within the
restricted area, including, but not limited to,
that portion of the median strip where the relief bridge is located (the river
flows under said bridge at this point on
the causeway, and there is access to the river
from the median strip).
Person means any person, firm, partnership, association, corporation, company or organization of any kind; but specifically doesnot include any authorized agent of the Town of Indialantic, City of Melbourne, County of Brevard, State of Florida, or United States,lawfully pursuing his or her duties for said agencies in said restricted area.
Restricted
area means that part of the Melbourne Causeway lying within the corporate limits of the Town of Indialantic,
Florida. The restricted area lies on either side of State
Road 192 US-192 (aka SR-500), from Riverside
Drive on the east the eastern edge of the easternmost relief bridge (aka
Bridge #700037) which lies approximately 280 feet west of Riverside Place
to the middle of the Melbourne Causeway bridge, a/k/a the Ernest Kouwen-Hoven
Bridge, on the west.
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 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 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 May, 2007, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ______ day of June, 2007.
TOWN OF INDIALANTIC
________________________
Robert L. Cochran, Jr.
Mayor
ATTEST: ________________________ (TOWN SEAL)
Laura Eaton, CMC
Town Clerk