CODE OF ORDINANCES

Latest version.

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Published by Order of the City Commission

____________ Published by American Legal Publishing Company, 1987
Republished by Municipal Code Corporation, 2001

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CITY OFFICIALS

FRUITLAND PARK, FLORIDA

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ELECTED OFFICIALS

Mayor	William R. White
Commissioner	Chris Bell
Commissioner	Joe A. Grubb
Commissioner	John L. Gunter, Jr.
Commissioner	Sharon A. Kelly




MUNICIPAL OFFICIALS

City Manager	Bruce D. Banning
City Clerk	Linda S. Rodrick
City Attorney	Gary J. Cooney
City Treasurer	Elizabeth P. Palmer
Police Chief	J. M. Isom, Sr.
Fire Chief	Thomas L. Gamble
Building and Zoning Director	Marian A. Scalzo
Librarian	Maria Schofield
Public Works Director	Norman M. Varnum, Jr.

PREFACE

This volume contains the City Charter and the Code of Ordinances of the City of Fruitland Park, Florida. The Code of Ordinances is a codification of all ordinances of a general and permanent nature. All obsolete, illegal, or superseded ordinances have been repealed as part of the codification. The Code has been adopted by the mayor and commission through the enactment of a single ordinance and thus constitutes the general body of ordinance enactments of the city.

The Code includes several features that will facilitate its use. The table of contents, with a complete outline of title and chapter order, will often provide sufficient reference points for the reader, in addition, the reader may consult the index at the end of the volume. At the beginning of each Title there is an analysis of chapters within the Titles. There is also a complete section analysis at the beginning of each chapter title.

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 title of the Code, the number to the left of the colon indicates the number of the title. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
INDEX	IX:1

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.

Republication

The republication of this Code in 2001 reformatted the pages to an 8½ × 11 double column size to reduce the bulk of the volume and simplify photocopying of pages. Point-numbered pages, short pages and blanks were eliminated but no other substantive changes were made to the 1987 Code. The new format replaces the 8½ × 11 single column version.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and Fruitland Park, Florida. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and Fruitland Park, Florida.

ORDINANCE NO. 87-008

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF FRUITLAND PARK, FLORIDA; RECODIFYING, RENUMBERING, REVISING AND REARRANGING SECTIONS OF THE CODE OF ORDINANCES AND OTHER EXISTING ORDINANCES OF THE CITY; ADDING NEW MATTER AND REPEALING VARIOUS ORDINANCES.

WHEREAS, the present Code of Ordinances of the City of Fruitland Park is inadequately arranged in regard to titles, topics, and subject matter, some sections being now insufficient in form and substance for the proper preservation of the public peace, health, safety, and welfare of the City and for the proper conduct of its affairs, and,

WHEREAS, American Legal Publishing Company has completed the recodifying, renumbering, revising and rearranging of the general and permanent ordinances of the City in printed form pursuant to an agreement with said Company, and,

WHEREAS, the recodification has been on file with the office of the City Clerk and subject to public inspection, and,

WHEREAS, in the interest of certainty with respect to ordinance provisions and to comply with law, it is deemed necessary forthwith to publish such recodification, renumbering, revision and rearrangement of said ordinances in book form as the Code of Ordinances,

NOW THEREFORE, be it ordained by the City Commission of the City of Fruitland Park, Florida:

Section 1. Revision and recodification. The general and permanent ordinances of the City are revised, rearranged, recompiled and renumbered as to sections into the following component titles:

I	—	General Provisions
III	—	Administration
V	—	Public Works
VII	—	Traffic Code
IX	—	General Regulations
XI	—	Business Regulations
XIII	—	General Offenses
XV	—	Land Usage
Table of Special Ordinances

Section 2. Adoption of codified ordinances.

The general and permanent ordinances of the City, so revised, rearranged, recompiled and renumbered as to section and recodified, in form the same as that on file in the office of the Clerk, bearing number the same as this ordinance, are hereby approved, adopted, and enacted, and the same shall be printed and published in book form in the manner provided in Section 12 hereof as the Code of Ordinances of the City of Fruitland Park, Florida, and when so printed, published and assembled in book form and certified as correct by the Clerk of the City shall be admitted in evidence and accepted by the courts and all persons as to the existence, effectiveness and regularity of all enactments so published in said book form, as of the effective date designated herein.

One copy of the Code of Ordinances, upon certification as to the correctness thereof in such book form by the Clerk of the City shall be kept in its initial form on file in the office of the Clerk and retained as a permanent ordinance record of the City.

Section 3. Effective date. The Code of Ordinances, consisting of the various titles as hereinbefore and therein designated, and all provisions thereof, shall take effect and be in force, at, on and after 12:01 A.M. Eastern Standard Daylight Savings Time on September 11, 1987.

Section 4. Other amendments and supplements. The Code of Ordinances may be amended, supplemented or corrected at any time and, when any amendment or supplement in such form as to indicate the intention of this Commission to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the Code of Ordinances shall be understood and construed as including the Code of Ordinances, and any and all such amendments and supplements thereto.

Section 5. Form of amendment or supplement. All amendments, supplements and corrections enacted as a part of the Code of Ordinances shall be integrated therewith by following the form of arrangement and plan hereby and therein adopted. Each title shall be subdivided into chapters, and each chapter shall be subdivided into subchapters, and each chapter shall be subdivided into sections.

Section 6. How known and cited. This adopting ordinance, the Code of Ordinances of the City of Fruitland Park, Florida, hereby adopted and any and all amendments and supplements which may be adopted shall be known and referred to as the Code of Ordinances shall be known and referred to either as "the code", "this code", "component code", or as designated in Section 1 hereof.

Section 7. Master copy. The Clerk of the City in addition to the book form copy in its initial form to be kept on file in the Clerk's office, pursuant to Section 2 hereof, shall keep a complete master copy in book form and in connection therewith or attached thereto in such form and manner as the Clerk may determine to be most easily available for most easy reference, a copy of all amendments and supplements bearing such title, chapter or section designations as may be proper. If in doubt as to such designation, the Clerk of the City shall be guided by the advice of the City Attorney.

Section 8. Interpretation.

In the interpretation of any provision of the Code of Ordinances, or of any ordinance amending or supplementing the same, general terms, phrases, and expressions therein shall be liberally construed so as to carry out the intent and meaning of this Commission, and shall have the meaning commonly ascribed thereto, unless a different meaning is required by the context or to give effect to such ordinance.

The headings of sections contained in the Code of Ordinances shall be printed in all capital letters and are to be deemed to be in the nature of "catch words", and in case of conflict between such headings and the contents of any section, the contents of the section shall control, notwithstanding such headings.

Section 9. Separability. Each section and each part of each section of the Code of Ordinances is hereby declared to be an independent section or part of a section and notwithstanding any other evidence of legislative intent that if any such section or part of a section, or any provision thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that the Code of Ordinances would have been adopted independently of such section, sections, or part of a section so held to be invalid.

Section 10. Repeal of prior ordinances. The Code of Ordinances contains all of the provisions of a general and permanent nature pertaining to the subjects therein enumerated and embraced. All prior ordinances, parts of ordinances and sections of the prior Code of Ordinances in force on January 8, 1987, which are incorporated in or pertain to the subjects enumerated and embraced in the Code of Ordinances of the City are hereby repealed as of 12:01 A.M. Eastern Daylight Savings Time on September 11, 1987.

Section 11. Prior ordinances not affected by repeal. The repeal of ordinances and Code of Ordinances sections as provided in Section 10 hereof shall not affect:

(1)

All ordinances of a temporary or special nature, and all other ordinances pertaining to subjects not enumerated and embraced in the Code of Ordinances;

(2)

Any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accruing before the 11th day of September, 1987;

(3)

Any ordinance or resolution, promising or guaranteeing the payment of money to or by the City, authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or any contract or obligation assumed by the City;

(4)

The administrative ordinances or resolutions of this Commission not in conflict or inconsistent with the provisions of the Code of Ordinances;

(5)

Any right or franchise conferred by any ordinance or resolution of this Commission to any person or corporation;

(6)

Any ordinance naming, relocating or vacating any street or public way, or any ordinance identifying stop streets at intersections, one-way streets or any other traffic regulations;

(7)

Any ordinance levying or imposing taxes, assessments, or charges;

(8)

Any ordinance fixing salaries, wage rates, fringe benefits or other emoluments or compensation of City officers and employees;

(9)

Any prosecution, suit or other proceeding pending, or any judgment rendered on or prior to the 11th day of September, 1987;

(10)

Any ordinance which was adopted by the Commission after the 8th day of January, 1987;

(11)

Any ordinance previously adopted and not repealed pertaining to offenses against property which were omitted from this Code through publication error.

Section 12. Publication.

The Clerk of the City, having caused the titles of the Code of Ordinances with their component chapters and sections to be printed, having assembled all of such titles as the Code of Ordinances of the City of Fruitland Park, Florida, for certification as correct by the Clerk of the City, shall have on file one such complete set of the Code of Ordinances in its initial form with this Adopting Ordinance as provided in Section 7

The Clerk of the City is authorized to sell to the public to the extent they are not needed by the City organization, the complete set of books comprising of the Code of Ordinances, separately by volume, or by the component title, as well as supplements hereafter published, at such prices as the Clerk of the City may from time to time determine, considering overhead, handling and other related costs of the City. The Clerk of the City is also authorized to exchange copies of the Code of Ordinances with City Attorneys of other cities as may be directed by the City Attorney extending like courtesy to the City of Fruitland Park's City Attorney.

The Clerk of the City shall prepare and distribute periodically, the amendments and supplements to the Code of Ordinances, which shall be prepared and published no less than once per year insofar as is possible and practicable.

The Clerk of the City shall file the Code of Ordinances with the Clerk of the Lake County Commission and the Clerk of the Circuit Court of the Fifth Judicial Circuit of the State of Florida, in and for Lake County.

Section 13. That this ordinance shall take effect and be in full force in the manner provided by law.

PASSED AND ADOPTED by the City Commission of the City of Fruitland Park this 24th day of August, 1987.

/s/ J. A. Grubb
Mayor

ATTEST:

/s/ Lisa A. Graham
City Clerk

1st reading: 8/13/87
2nd reading: 8/27/87

CERTIFICATION

I, MORTON D. AULLS, City Attorney of the City of Fruitland Park, declare that I have examined the Code of Ordinances prepared and furnished to the City of Fruitland Park by American Legal Publishing Company as a true and accurate record of the currently existing Code of Ordinances of the City of Fruitland Park.

Further, I have caused this document to be thoroughly examined and certify that it is a true and accurate record, except for that certain publication error omitting portions of Section 131.01, 131.02 and 131.03, containing the general and permanent ordinances of the City so revised, rearranged, recompiled and renumbered as to section and recodified form as to correctly reflect all ordinances adopted and amended by the City of Fruitland Park through and including Ordinance Number 86-009 which was adopted by the City Commission on January 9, 1987. I have directed the City Clerk to bring said publication error to the attention of the American Legal Publishing Company for correction at the time of publishing amendments and/or supplements to this Code.

It is expressly stated that new and/or amending ordinances have been adopted since the printing of this document beginning with Ordinance Number 87-001 which will have to be supplemented to this Code of Ordinances; however, the document presented to Commission for enactment this 10th day of September, 1987, is a complete and accurate record as hereinabove described, and it is correct and appropriate for the City Clerk to so certify as required by the adopting ordinance presented for Commission consideration this date.

/s/ Morton D. Aulls
City Attorney

Addendum to Ord. 87-008

ORDINANCE NO. 89-005

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF FRUITLAND PARK AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 1989 S-1 Supplement to the Code of Ordinances of the City of Fruitland Park, Florida, which supplement contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and

WHEREAS, said American Legal Publishing Corporation has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make references to sections of the Florida Statutes; and

WHEREAS, it is the intent of the Commission to accept these updated sections in accordance with the changes of the law of the State of Florida;

NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Fruitland Park, State of Florida:

Section 1. That the 1989 S-1 Supplement to the Code of Ordinances of the City of Fruitland Park, Florida, as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2. That this ordinance shall become effective upon adoption.

PASSED AND ADOPTED at a Regular Meeting of the City Commission of the City of Fruitland Park, Florida, this 8th day of June, 1989.

/s/ Timothy I. Sullivan
Mayor

ATTEST:

/s/ Linda I. Sparks
City Clerk

1st Reading May 11, 1989
2nd Reading June 8, 1989

Approved as to form and legality:

/s/ Richard W. Boylston, Esq.
City Attorney

ORDINANCE NO. 90-008

AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF FRUITLAND PARK, FLORIDA.

WHEREAS, American Legal Publishing Corporation of Cincinnati, Ohio, has completed the 1990 S-2 Supplement to the Code of Ordinances of the City of Fruitland Park, Florida, which supplement contains all ordinances of a general nature enacted since the prior supplement to the Code of Ordinances of this municipality; and

WHEREAS, it is the intent of the Commission to accept these updated sections in accordance with the changes of the law of the State of Florida;

NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Fruitland Park, State of Florida:

Section 1. That the 1990 S-2 Supplement to the Code of Ordinances of the City of Fruitland Park, Florida, as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, be and the same is hereby adopted by reference as if set out in its entirety.

Section 2. That this ordinance shall take effect and be in force from and after its date of adoption.

PASSED AND ADOPTED at a regular meeting of the City Commission of the City of Fruitland Park, Florida, this 10th day of May, 1990.

/s/ Timothy I. Sullivan
Mayor

ATTEST:

/s/ Linda I. Sparks
City Clerk

1st Reading April 26, 1990
2nd Reading May 10, 1990

                    
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