CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA VOLUME I

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Published 1993 by Order of the Board of County Commissioners

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Adopted February 8, 1994
Effective February 16, 1994

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OFFICIALS

of

BREVARD COUNTY, FLORIDA

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Truman Scarborough, Jr.
(District 1)

Ron Pritchard
(District 2)

Nancy Higgs
(District 3)

Sue Carlson
(District 4)
Jackie Colon
(District 5)

Board of County Commissioners

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Tom N. Jenkins

County Administrator

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Scott Knox

County Attorney

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Scott Ellis

Clerk to the Board of County Commissioners

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of Brevard County, Florida.

Source materials used in the preparation of the Code were the 1979 Code, as supplemented through October 6, 1992, and ordinances subsequently adopted by the board of county commissioners. The source of each section is included in 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 tables appearing in the back of this Code, the reader can locate any section of the 1979 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. 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 shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix.

CODE	CD1:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Roger D. Merriam, Supervising Editor, and Laura Johnson, Editor, 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 publisher is most grateful to former Assistant County Attorney Tom Lanham, Acting County Attorney Lisa Troner and County Attorney Scott Knox for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the county readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the county's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

Adopting Ordinance
Ordinance No. 94-04

An Ordinance Adopting and Enacting a "Code of Ordinances of Brevard County, Florida" as the Annual Current Codification of Ordinances Required Under Section 125.68(1), Florida Statutes; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for Preservation and Maintenance of the Code by the Clerk; and Providing When Such Code and This Ordinance Shall Become Effective.

Whereas, Section 125.68(1), Florida Statutes requires current codification of ordinances on an annual basis; and

Whereas, the Municipal Code Corporation has compiled all county ordinances promulgated during the current year and republished a new code of ordinances in a two-volume set; and

Whereas, the Board of County Commissioners desires to adopt the two-volume set as the current codification of Brevard County ordinances.

Now, Therefore, Be It Ordained by the Board of County Commissioners of Brevard County, Florida:

Section 1. The Code entitled "Code of Ordinances of Brevard County, Florida" published by Municipal Code Corporation consisting of Chapters 1 through 122, each inclusive, is hereby adopted as the current codification of ordinances required under section 125.68(1), Florida Statutes. Said Code may be referred to and cited in any formal proceeding involving an ordinance including, but not limited to, proceedings involving the enforcement, interpretation or validity of an ordinance. The Code may be cited as the "Brevard County Code."

Section 2. All ordinances of a general and permanent nature enacted on or before May 24, 1993, and not included in the Code or recognized and continued in force by reference therein, are repealed.

The adoption of any present or future edition of the "Brevard County Code" or any supplements thereto shall not be deemed to repeal any ordinance which is not of a general and permanent nature or to affect in any way whatsoever any of the following:

(a)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or occurring prior to the effective date of adoption of said Code or supplement thereto.

(b)

Any ordinance of Brevard County, Florida, promising or guaranteeing the payment of money by or to Brevard County, Florida, or authorizing the issuance of any bonds of Brevard County, Florida, or evidencing any indebtedness of or any contract or obligation assumed by Brevard County, Florida.

(c)

Any right of franchise, and any amendment or modification thereto, granted to any person, form [firm] or corporation by any ordinance of Brevard County, Florida.

(d)

Any ordinance dedicating, establishing, locating, relocating, vacating or abandoning any road, street, or highway located in Brevard County, Florida.

(e)

Any ordinance levying or imposing taxes; creating impact fees; establishing any municipal service taxing or benefit unit; or establishing water, sewer or other utility regulations or fees.

(f)

Any ordinance providing for local improvements or assessing the costs thereof.

(g)

Any ordinance providing for the rezoning of private property or the enactment or the amendment of any land use plan.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuant thereof, shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for a term not exceeding 60 days or by both such fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section or ordinance whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the county may pursue other remedies including, but not limited to, abatement of nuisances, code enforcement board action, injunctive relief, and revocation of licenses or permits.

Section 5. Ordinances enacting additions or amendments to the provisions of the Code, when passed in a form as to indicate the intention of the board of county commissioners to make the same a part of the code, shall be deemed to be incorporated in the Code so that reference to the Code includes any such additions and amendments.

Section 6. Ordinances adopted after May 24, 1993, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to applicable provisions of the Code. Such ordinances shall be deemed incorporated in the Code for all purposes.

Section 7. Preservation and Maintenance of Code. A copy of said Code shall be kept on file in the Office of the Clerk of the Circuit Court and preserved in loose-leaf form, or such other form as the Clerk of the Circuit Court, in his sole discretion, may consider most expedient. It shall be the express duty of the Clerk of the Circuit Court or his designated representative to insert in their designated places, all amendments, or additions to said Code and to extract from same all provisions which may from time to time be repealed by the Board of County Commissioners of Brevard County, Florida. A copy of said Code shall be available for public inspection and shall be considered as the Official Code of Brevard County, Florida.

Section 8. This ordinance shall become effective as provided by law.

Done and adopted in regular session this 8th day of February, 1994.

ATTEST:
BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA

/s/ Sandy Crawford       Sandy Crawford, Clerk

By:

	/s/ Truman G. Scarborough, Jr.       Truman G. Scarborough, Jr., Chairman       (as approved by the Board on 2-8-94)