ORDINANCE NO. 05-06

 

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, EXTENDING THE “SUNSET PROVISION” EXPIRATION DATE OF ORDINANCE 03-10 REGARDING SECTION 13-3 - OUTDOOR DISPLAY OF GOODS -  UNTIL DECEMBER 31, 2005 UNLESS ADOPTED IN A SUBSEQUENT ORDINANCE; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

            WHEREAS, the Town is desirous of testing the expanded use of permitting the outdoor display of merchandise in the C-2 zoning district of the Town as evidenced by the adoption of Ordinance 02-20; and

 

            WHEREAS, Ordinance 03-10 was adopted to extend the “sunset provisions” until  December 31, 2004; and

 

            WHEREAS, it is the desire of the Town Council to extend the provisions of Sec. 13-3 allowing for the outdoor display of goods under certain circumstances;

 

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

 

            SECTION 1. That Section 2 of Ordinance 02-20 is hereby amended to read:

 

            SECTION 2.  Expiration Date.  This ordinance shall expire on December 31, 2004 5.  This provision, commonly known as a “sunset provision,” is included in this ordinance to ensure that this ordinance, its effectiveness and its desirability will be reviewed by the Town Council within a reasonable time after its adoption.

 

            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 November, 2004, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of December, 2004.

 

TOWN OF INDIALANTIC

 

 

 

__________________________

Daniel S. Trott

Mayor

ATTEST:      __________________________

Laura Eaton, CMC                                              (TOWN SEAL)

Town Clerk