Chapter 1 GENERAL PROVISIONS

Sec. 1-1. How Code designated, cited.
Sec. 1-2. Definitions, rules of construction.
Sec. 1-3. Certain ordinances not affected by Code.
Sec. 1-4. Catch lines; internal citations.
Sec. 1-5. Effect of repeals.
Sec. 1-6. Severability.
Sec. 1-7. Amendments to code.
Sec. 1-8. Altering code.
Sec. 1-9. General penalty; continuing violations.
Sec. 1-10. Court costs for law enforcement education.
Sec. 1-11. Garage sales.Sec. 1-12.  Non-regulation by ordinances of firearms and ammunitions.

Sec. 1-1. How Code designated, cited.

The ordinances embraced in the following chapters and sections shall constitute and be designated the “Code of Ordinances of Indialantic, Florida,” and shall be so cited. (Code 1962, 1‑1)

Sec. 1-2. Definitions, rules of construction.

In the construction of this Code the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the council:

General rule. All words and phrases shall be construed and understood according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.

Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Council. The words “town council” or “council” shall be construed to mean the town council of the town of Indialantic.

County. The words “the county” or “this county” shall mean Brevard County, Florida.

Gender. The masculine includes the feminine and neuter and vice versa.

Interpretation. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision imposes greater restrictions upon the subject matter than the general provisions imposed by this Code, the provision imposing the greater restriction or regulation shall be controlling.

Joint authority. All words purporting to give a joint authority to three (3) or more city officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared.

Number. The singular includes the plural and vice versa.

Oath includes affirmations.

Officers, departments, agencies. Whenever reference is made herein to any office, officer, department or agency, it shall mean such office, officer, department or agency of the town and shall include the duly authorized personnel and subordinates of such office, officer, department or agency.

Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of part of such building or land.

Person. The word “person” includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

Personal property. Personal property shall extend and be applied to every species of property except real property.

Reasonable time. In all cases where any provisions shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.

Shall, may. “Shall” is mandatory; “may” is discretionary.

State. The words “the state” or “this state” shall mean the State of Florida.

Statutory citations. Citations herein, unless otherwise specified, are to Florida Statutes, 1979, and are intended and shall be construed merely as a convenience to the user of this Code. The fact that a citation herein may be rendered no longer appropriate or correct because of subsequent enactments of the legislature shall not invalidate or otherwise affect the meaning of the provision in which the citation appears, and such citation shall be deemed to refer to the appropriate provisions under such subsequent legislation.

Tense. The present tense includes the past and future and vice versa.

Town. The words “the town” or “this town” shall be construed as if the words “of Indialantic” followed the word “town,” and shall extend to and include its several officers, agents and employees.

Week. The word “week” shall be construed to mean seven (7) days; but publication in a newspaper or any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion in each week, unless specifically stated to be for each day of the week or for more than one day in each week. (Code 1962, 1‑2)

State law reference‑‑Statutory definitions and rules of construction, F.S. Ch. 1.

Sec. 1-3. Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:

(a)  Any ordinance promising or guaranteeing the payment of money for the town, or authorizing the issuance of any bonds of the town or any evidence of the city’s indebtedness;

(b)  Any appropriation ordinance or ordinance providing for the levy of taxes or adopting or amending a budget;

©   Any ordinance annexing territory to the town or excluding territory therefrom, or otherwise affecting the corporate limits;

(d)  Any ordinance granting any franchise, permit or other right;

(e)  Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument;

(f)   Any administrative ordinance not inconsistent with this Code;

(g)  Any ordinance accepting, dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating or repairing any street or public way;

(h)  Any ordinance regulating or prohibiting traffic or parking on specific streets or in specific locations;

(I)   Any ordinance calling or relating to a specific election;

(j)   Any ordinance providing for local improvements or providing for special assessments therefor;

(k)  Any ordinance accepting any dedication of public works or facilities or accepting or approving any plat or subdivision in the town;

(l)   Any ordinance zoning or rezoning specific property;

(m)  Any ordinance providing for the compensation of officers and employees;

(n) Any temporary or special ordinance;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.

Sec. 1-4. Catch lines; internal citations.

 

In addition to the rules of construction set out in section 1‑2, the following rules shall be observed in the construction of this Code:

(a)  Catch lines. The Catch lines of the several sections of this Code are intended as mere catchwords to indicate the contents of the sections they precede and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the Catch lines are amended or re‑enacted.

(b)          Internal citations. All references to chapters or sections are to the chapters and sections of this Code unless otherwise specified. (Code 1962, 1‑4)

Sec. 1-5. Effect of repeals.

When any ordinance repealing a former ordinance, clause or provision of this Code, shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision of this Code, unless it is expressly so provided.

The repeal of an ordinance, clause or section of this Code, shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance, clause or section repealed. (Code 1962, 1‑5)

State law reference‑‑Repealed statute not repealed by implication, F.S. 2.04.

 

Sec. 1-6. Severability.

 

If any phrase, clause, sentence, paragraph, section or subsection of this Code shall be declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such unconstitutionality, invalidity or a unenforceability  shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections or subsections of this Code. (Code 1962, 1‑6)

Sec. 1-7. Amendments to code.Sec201-6

All ordinances passed subsequent to this Code which amend, repeal or in any way affect any section or subsection of this Code, shall be numbered in accordance with the numbering system of this Code and printed for inclusion herein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions shall be excluded from said Code by omission from reprinted pages. The subsequent ordinances, as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as this Code and subsequent ordinances numbered or omitted are re‑adopted as a new code by the town council.

Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section, subsection, paragraph or clause of this Code in the following language: “That Section (or subsection, paragraph or clause) ________ of the Code of Ordinances of Indialantic, Florida, is hereby amended to read as follows: . . . . .” The new provisions shall then be set out in full.

In the event a new provision not heretofore existing in the Code is to be added, the following language may be used: “That the Code of Ordinances of Indialantic, Florida, is hereby amended by adding a new section, to be numbered section (subsection, paragraph or clause) ______, which said section (subsection, paragraph or clause) reads as follows: . . . . .” The new provision shall then be set out in full.

All sections, articles, chapters or provisions desired to be repealed may be specifically repealed by section, article or chapter number in the following language: “That Section (Chapter or Article) ____ of the Code of Ordinances of Indialantic, Florida is hereby repealed.” (Code 1962, 1‑7)

Sec. 1-8. Altering code.

It shall be unlawful for any person in the town to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Town of Indialantic to be misrepresented thereby. (Code 1962, 1‑8)

Sec. 1-9. General penalty; continuing violations.

 

(a) Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code shall be punished as follows:

Unless otherwise specifically authorized and provided for by law, a person convicted of violating a provision in this Code or other town ordinance may be sentenced to pay a fine, not to exceed $500, and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as authorized by law.

(b) Each day a violation of any provision of this Code shall continue shall constitute a separate offense, and each act in violation of the provisions of this Code shall be considered a separate and distinct offense.

© In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be, by the town, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense. (Code 1962, 1‑9; Ord. No. 254, 2, 5‑15‑79; Ord. No.96-3, 4, 11-14-95)

Sec. 1-10. Court costs for law enforcement education.

 

There shall be assessed, in addition to the normal fine, an additional two dollars ($2.00) for each fine imposed for an offense within the town, for the law enforcement education expenditures of the town. In addition, one dollar ($1.00) from every bond estreature or forfeited bail bond collected shall be used as aforesaid. The provisions of this section shall not apply to parking violations. (Res. No.11‑76, 1, 12‑26‑76; Ord. No. 82‑306, 1, 2‑16‑82)

State law reference‑‑Court costs for law enforcement education, F.S. 943.25(5).

Sec. 1-11. Garage sales.

 

(a) Garage sales shall be defined as the casual nonbusiness related sale of personal property on the premises of the resident. Such definition includes the words “carport sale,” “yard sale” and other titles indicating the same activity, but shall not include “sidewalk sales,” which are strictly prohibited under this section.

(b) Each person desiring to hold a garage sale must reside at the site of the sale, but no garage sale may occur in a commercial zone without a permit from the town manager.

(c) The person holding a garage sale may place signs advertising the garage sale as permitted by section 17‑106 of this Code.

(d) The number of garage sales per residence shall be limited to two (2) in any one calendar year, each such sale to last no longer than three (3) days.

(e) It shall be the responsibility of the person or persons holding a garage sale to ensure that neither public property nor private property is damaged or destroyed due to the garage sale. It shall further be the responsibility of such person or persons to ensure that attendees of the garage sale do not trespass upon the property and/or encroach upon the privacy of other residents. Evidence of violation of these obligations shall be grounds for revocation of this authorization to hold the garage sale.

(f) If the Indialantic Police Department receives a complaint or witnesses a violation of the provisions of subsection (d) or (e) above, said department shall issue a warning, and if prompt compliance does not result, then said department is authorized to either issue a citation to appear before the code enforcement board or take whatever other steps are necessary and proper under the circumstances to enforce the ordinance. (Ord. No. 85‑5, 1, 4‑16‑85)

Sec. 1-12. Non-regulation by ordinances of firearms and ammunition.

 

As established by §790.33, Florida Statutes, including amendments thereto enacted by Laws of Florida chapter 2011-109, except as expressly provided by the Florida Constitution or by general law, the Florida Legislature has occupied the entire field of the regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage and transportation thereof, to the exclusion of all existing and future county, city, town or municipal ordinances and any administrative regulations or rules adopted by local or state government relating thereto.  Accordingly, all ordinances, regulations and rules set forth in or contemplated by this code which in any manner regulate firearms or ammunition to the extent that the subject matter thereof has been properly occupied by, reserved to, or preempted by the Florida Legislature:  (i) are hereby declared to be null and void; and (ii) shall not be interpreted, construed, implemented, enforced or the like in any manner so as to conflict with, be inconsistent with, or violate §790.33, Florida Statutes, including any subsequent amendments thereto.

The Town acknowledges that with certain statutorily provided exceptions, the entire field of regulation of firearms and ammunition, including any components thereof, has been occupied by the Florida Legislature and that, except as expressly provided by the Florida Constitution or by general law, the Town is preempted from adopting, enacting, implementing, or enforcing any ordinances, regulations and rules pertaining thereto to the extent that the subject matter thereof has been preempted by the Florida Legislature.  Accordingly, as a rule of construction and interpretation applicable to all provisions of this code, it is hereby directed that no provision of this code shall be deemed or interpreted in any manner to that violates state law, including §790.33, Florida Statutes; operates in a manner that would permit a violation of state law, including §790.33, Florida Statutes; or that would operate in any manner as a regulation of firearms or ammunition, except as permitted by §790.33 or other applicable state law.  The provisions of this code shall be interpreted and construed in a manner so as to not cause or result in a violation of state law, including §790.33, Florida Statutes, and to indicate that any violation is negligent and not knowing, willful, or intentional. (Ordinance No. 11-18, 1, 10-18-11)