Chapter 1 - GENERAL PROVISIONS

Transcription

1 New Port Richey, Florida - Code of Ordinances >>PART II - CODE OF ORDINANCES >> Sec Designation and citing of Code. The ordinances embraced in the following chapters and sections shall constitute and be designated the New Port Richey City Code and may be so cited. (Code 1964, 1-1) Editor's note For description of corporate limits, see description and map on file in office of city clerk. Charter reference Title of city code, 2.16(c). Sec Definitions and rules of construction. In the construction of this Code and of all ordinances, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council: Chief of police. Whenever the words "chief of police" are used herein, they shall refer to the chief of public safety in his capacity as chief of police of the City of New Port Richey. Chief of the fire department. Whenever the words "chief of the fire department" or "fire chief" are used in this Code, they shall refer to the chief of public safety in his capacity as chief of the fire department of the City of New Port Richey. City. The word "city" shall be construed as if the words "of New Port Richey" followed it. State law reference Boundaries of Pasco County, F.S City attorney. The words "city attorney" shall be construed to mean the city attorney of the City of New Port Richey. City clerk. The words "city clerk" shall be construed to mean the city clerk of the City of New Port Richey. 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 not 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. State law reference Similar provisions, Florida Rules of Civil Procedures, Rule 1.090(a). New Port Richey, Florida, Code of Ordinances Page 1

2 Council. Whenever the words "council" or city council are used, it shall be construed to mean the city council of the City of New Port Richey. County. The word "county" shall mean the County of Pasco. F.S. The abbreviation "F.S." shall refer to the latest official statutes of the State of Florida, as adopted by the legislature. Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males. Interpretation. In the interpretation and application of any provisions of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee. Mayor. Whenever the word "mayor" is used, it shall be construed to mean the mayor of the City of New Port Richey. Month. The word "month" shall mean a calendar month. Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; however, technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one (1) person and thing. Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." 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 a part of such building or land. Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals or groups of individuals. Public place. The term "public place" shall mean any street, park, cemetery, schoolyard, beach, canal, lake or other land owned or used for public purposes. State. The word "state" shall be construed to mean the State of Florida. Street. The word "street" shall be construed to embrace streets, alleys, lanes, viaducts, roads and other public highways in the city. Tense. Words used in the present or past tense include the future as well as the present or past. (Code 1964, 1-2) New Port Richey, Florida, Code of Ordinances Page 2

3 Sec Catchlines of sections. PART II - CODE OF ORDINANCES The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be the titles of such sections, nor as any part of the section, nor shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted, unless expressly so provided. (Code 1964, 1-3) Sec History notes. The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Sec Notes; references. The editor's notes and state law references appearing in the Code are merely information to assist the user of the Code and are of no legal effect. Sec Additions and amendments deemed incorporated in Code. Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city to make it a part of this Code, shall be deemed to be incorporated in the Code, so that reference to the Code shall be understood and intended to include such additions and amendments. Sec Amendments to Code. (a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect the same, may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. (b) Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: "That section of the Code of New Port Richey, Florida, is hereby amended to read as follows:." The new provisions shall then be set out in full as desired. (c) If a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of New Port Richey, Florida, is hereby amended by adding a section, to be numbered, which said section reads as follows:." The new section shall then be set out in full as desired. (d) All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be. (Code 1964, 1-6) Charter reference Ordinance amendment procedure, 2.12 et seq. New Port Richey, Florida, Code of Ordinances Page 3

4 Sec Effect of repeal of ordinances. (a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. (b) The repeal of an ordinance 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 or cause of action arising under the ordinance repealed. (Code 1964, 1-4) Sec Supplementation of Code. (a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the town council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement. (b) In the preparation of a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages. (c) When preparing a supplement to this Code, the codifier, meaning the person, agency or organization authorized to prepare the supplement, may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections to," inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code; and (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code. Charter reference Codification, 2.16(c). New Port Richey, Florida, Code of Ordinances Page 4

5 Sec Prior offenses, penalties and rights not affected by Code. Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code. State law reference No bill of attainder, ex post facto law or law impairing the obligation of contracts shall ever be passed, Fla. Const. Art. I, 10. Sec 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: (1) Any ordinance promising or guaranteeing the payment of money by the city, or authorizing the issuance of any bonds of the city, or any evidence of the city's indebtedness; (2) Any ordinance providing for public improvements and assessments therefor; (3) Any zoning or land use ordinance or any ordinance regulating or otherwise relating to the subdivision of land or the zoning map or any amendments thereto; (4) Any appropriation ordinance or ordinance providing for an annual budget or for the transfer of funds; (5) Any ordinance annexing territory to the city or discontinuing territory as a part of the city; (6) Any ordinance granting any franchise, permit or other right; (7) Any ordinance approving, authorizing or otherwise relating to any contract or agreement; (8) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the city; (9) Any ordinance dedicating or accepting any plat in the city; (10) Any rezoning ordinance; (11) Any ordinance prescribing traffic and parking regulations for specific streets; (12) Any personnel regulations; (13) Any ordinance regarding the provisions of the firefighters' pension plan including the administration, benefits and all provisions regarding such plan; (14) Any ordinance regarding the provisions of the police officers' pension plan including the administration, benefits and all provisions regarding such plan; (15) Any administrative ordinance. All such ordinances or regulations are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. New Port Richey, Florida, Code of Ordinances Page 5

6 Sec Altering Code. It shall be unlawful for any person 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 except by ordinance or resolution or other official act of the city council. (Code 1964, 1-7) State law reference Falsifying public records, F.S Sec Severability of parts of Code. The sections, paragraphs, sentences, clauses and phrases of this Code are severable and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. (Code 1964, 1-5) Sec General penalty; continuing violations. It shall be unlawful for any person to violate or fail to comply with any provision of this Code and, where no specific penalty is provided therefor, the violation of any provisions of this Code shall be punished by: (1) A fine pursuant to the uniform fine schedule prescribed in Pasco County Administrative Order Number 00-05, or any amendment thereto, or (2) Imprisonment for a term not exceeding sixty (60) days, or (3) Both such fine and imprisonment. In the event Pasco County Administrative Order Number 00-05, or any amendment thereto, fails to prescribe a penalty for violation of a specific provision herein, the violation of any such provision shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days or by both such fine and imprisonment. Notwithstanding the foregoing, each day that a violation of any provision of this Code continues shall constitute a separate and distinct offense for the purpose of this section. (Code 1964, 1-8; Ord. No. 1546, I, ) Cross reference Penalty for violation under the Code Enforcement Act, 2-90; miscellaneous offenses, Ch. 14; additional assessment as a court cost to be used for police training, State law reference Fines and forfeitures in county court payable to municipality, F.S ; punishment for misdemeanors, F.S , New Port Richey, Florida, Code of Ordinances Page 6