CODE OF ORDINANCES COUNTY OF VOLUSIA VOLUME I
____________
Adopted: April 20, 1995
Effective: May 1, 1995____________
Published in 1994 by Order of the County Council
pursuant to F.S. § 125.68 and Charter § 308.1____________
OFFICIALS
of the
COUNTY OF
VOLUSIA
AT THE TIME OF THIS CODIFICATION
____________
Freddye C. Moore, Chairman, District #3
Patricia Northey, Vice-Chairman, District #5
Phil Giorno, At-Large
R. H. "Pat" Patterson, District #1
Lynne Plaskett, District #2
R. Stanley Rosevear, District #4
Robert E. Tuttle, At-Large
County Council
____________
Richard M. Kelton
Acting County Manager
____________
Daniel D. Eckert
County Attorney
PREFACE
This Code constitutes a complete codification of the general and permanent ordinances of the County of Volusia.
Source materials used in the preparation of the Code were the ordinances adopted by the county council. 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 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. 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:
CHARTER CHT:1 CHARTER COMPARATIVE TABLE CHTCT:1 CODE CD1:1 SPECIAL ACTS SA1:1 CODE APPENDIX CDA:1
CDB:1
CDC:1CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi: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 Connie Timmons, 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 County Attorney Dan Eckert, Deputy County Attorney and Deputy County Manager Ray Pennebaker, and Assistant County Attorney Doug Weaver, 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. 95-10
An Ordinance of the County Council of the County of Volusia Adopting and Enacting a Code Providing for Chapters 1 Through 126, Each Inclusive, for the County of Volusia; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing for Certain Regulations Affecting the Use of Land; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.
Be it Ordained by the County Council of Volusia County, Florida, as follows:
Section 1. The Code entitled, "Code of Ordinances, County of Volusia" published by Municipal Code Corporation consisting of Chapters 1 through 126, each inclusive, attached hereto and by reference made a part thereof, is adopted. Such Code makes certain changes in county ordinances; the substantive changes are as outlined in the attached memorandum.
Section 2. All ordinances of a general and permanent nature enacted on or before June 16, 1994, and not included in the Code or recognized and continued in force by reference therein, are repealed. All resolutions adopted on or before June 16, 1994, in conflict with the Code are repealed.
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.
(a)
In this section, the phrase "Violation of this Code" means any of the following:
(1)
Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.
(2)
Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
(3)
Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
(b)
In this section, the phrase "violation of this Code" does not include the failure of a county officer or county employee to perform an official duty unless the context requires otherwise.
(c)
Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00, by imprisonment in the county jail for a term not exceeding 60 days, or by both such fine and imprisonment. For violations for this Code that are continuous with respect to time, each day the violation continues is a separate offense in the absence of provisions to the contrary.
(d)
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise, the imposition of civil penalties or other administrative actions.
(e)
Violations of this Code may be abated by injunctive or other equitable or civil relief, and no bond shall be required nor proof of intent or scienter. The imposition of a penalty does not prevent equitable relief. Violations of this Code are also subject to code enforcement board action.
Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the city council 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 the additions and amendments.
Section 6. Ordinances adopted after June 16, 1994, that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.
Section 7. A certified copy of this Ordinance shall be filed in the Office of the Secretary of State by the County Manager within ten (10) days after adoption, and shall not take effect until receipt of official acknowledgement from that office that said Ordinance has been filed.
Adopted in open meeting duly assembled in council chambers in the Volusia County Administration Center, DeLand, Florida, on this 20th day of April, A.D., 1995.
County Council
Volusia County, Florida/s/ Freddye C. Moore
Chairman/s/ Richard M. Kelton
Acting County Manager