CODE OF ORDINANCES CITY OF SOUTH DAYTONA, FLORIDA
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Adopted October 28, 1980
Effective January 1, 1981____________
Published in 1980 by Order of the City Council
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CURRENT OFFICIALS
of the
CITY OF
SOUTH DAYTONA, FLORIDA____________
William C. Hall
Mayor____________
Lisa O'Neal
Vice-Mayor____________
Brandon Young
Doug Quartier
Ralph Schoenherr
Councilmembers____________
Scott E. Simpson
City Attorney____________
James L. Gillis, Jr.
City Manager____________
Debbie Moore Fitz-Gerald
Deputy City Clerk____________
PREFACE
Part I of this volume contains the Charter of the City, as from time to time amended. Obsolete provisions of the Charter have been deleted in this publication and the deletions appropriately noted. Also, there are frequent notes throughout the Charter directing the user's attention to provisions of general law which should be considered in interpreting the Charter. For a further discussion of the treatment of the Charter, see the footnote at the bottom of page 1.
Part II contains the Code of Ordinances of the City. This Code is a recodification of the ordinances of South Daytona of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto.
The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included.
Source materials used in the preparation of the Code were the 1966 South Daytona Code as supplemented through August 24, 1976 and ordinances adopted subsequent thereto. The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Table appearing in the back of the volume, the reader can locate any section of the 1966 Code as supplemented, and any subsequent ordinance included herein.
Numbering System
The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the sixth section of Chapter 5 is 5-6. New sections or even entire chapters may be inserted in their proper places, in the future simply by using the decimal system for amendments. For example, if new material consisting of three sections that would logically come between Sections 5-4 and 5-5 is to be added, the new sections would be numbered 5-4.1, 5-4.2, 5-4.3 respectively. New chapters may be included by the addition of a decimal after the chapter number. Thus, if the new material is to be included between Chapters 12 and 13 it will be designated as Chapter 12.1. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.
Index
The index has been prepared with the greatest of care. Each item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.
Looseleaf Supplements
A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 6 of the Adopting Ordinance.
The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is recommended by the publishers that all amendments be inserted immediately upon receipt and that all deleted pages be saved and filed for historical reference.
Acknowledgments
The publication of this Code was under the direct supervision of George R. Langford, President, and C. Julian Manson of the editorial staff of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publishers are most grateful to the City Attorney, Mr. Robert Abraham; the City Clerk, Mr. Byron E. Trent; and numerous other city officials for their supervision, cooperation and interest during the progress of the work on this Code.
October, 1980
MUNICIPAL CODE CORPORATION Tallahassee, Florida ORDINANCE NO. 80-12
An Ordinance Revising the Charter and Ordinances of the City of South Daytona, Florida, by Repealing Certain Special Acts and Portions of Special Acts which are No Longer Effective and Adopting and Enacting a New Code of Ordinances of the City; Establishing the Same; Providing for the Repeal of Certain Ordinances not Included Therein; Providing a Penalty; Providing for the Manner of Amending such Code; and Providing when such Code and this Ordinance shall Become Effective.
BE IT ORDAINED BY THE CITY OF SOUTH DAYTONA, FLORIDA:
Section 1. It is hereby found and determined by the City Council, upon the advice of the City Attorney, that the following provisions of the Charter and Special Acts relating to the City, as from time to time amended, have been rendered obsolete by subsequent legislation, or are of no future effect, and said provisions are hereby repealed:
Laws of Fla. 1951, Chapter 27898:
Section 25A, subsections (2) through (9), inclusive (As added by Laws of Fla., Chapter 65-2284, Section 1)
Sections 26 and 27
Sections 29 through 33, inclusive
Sections 35 through 40, inclusive
Section 76
Sections 79 through 85, inclusive
Sections 89 through 93, inclusive
Sections 95 through 98, inclusive
Sections 100 through 104, inclusive
Sections 136 through 140, inclusive
Section 151
Sections 153 and 154
Sections 156 through 157A, inclusive.
Laws of Fla., Chapter 59-1885, in its entirety.
Provided, that this repeal shall not affect any act done or obligation included prior to the adoption of this ordinance.
Section 2. The Code of Ordinances, consisting of Chapters 1 to 20, each inclusive, is hereby adopted and enacted as the "City of South Daytona, Code of Ordinances," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all general and permanent ordinances of the City adopted on or before December 11, 1979, to the extent provided in Section 3 hereof.
Section 3. All provisions of such Code shall be in full force and effect from and after the 1st day of January, 1981, and all ordinances of a general and permanent nature of the City of South Daytona, adopted on final passage on or before December 11, 1979, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the 1st day of January, 1981.
Section 4. The repeal provided for in Section 3 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
Section 5. The violation of, or failure to comply with, any provision of such Code, or the commission of any act declared to be a misdemeanor by such Code, shall constitute an offense against the City of South Daytona, and where no specific penalty is provided therefor, shall subject the offender, upon conviction, to a fine of not to exceed five hundred dollars ($500.00), or imprisonment for a period of not to exceed sixty (60) days, or to both such fine and imprisonment; as provided in section 1-9 of such Code.
Section 6. Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part of such Code, shall be deemed to be incorporated in such Code so that reference to the "City of South Daytona, Code of Ordinances," shall be understood and intended to include such additions and amendments.
Section 7. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 5 of this ordinance and Section 1-9 of such Code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another section, such other penalty shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.
Section 8. A copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code, when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may from time to time be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same.
Section 9. It shall be unlawful for any person to change or amend, by additions or deletions, any part of such Code, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of South Daytona to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 5 of this ordinance.
Section 10. This ordinance shall become effective on the 1st day of January, 1981.
PASSED upon first reading at the regular meeting of the City Council held in the City of South Daytona, Florida, on the 14th day of October, 1980.
PASSED AND ADOPTED upon second and final reading at the regular meeting of the City Council held in the City of South Daytona, Florida, on the 28th day of October, 1980.
/s/ Edgar Bennett
Mayor-CouncilmanATTEST: /s/ Richard F. Quigley
City Manager/Clerk