MUNICIPAL CODE MEDLEY, FLORIDA

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Adopted: October 10, 1992

Effective: October 1, 1992

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Published in 1992 by Order of the Town Council

Republished in 1999

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OFFICIALS

of the

TOWN OF

MEDLEY, FLORIDA

AT THE TIME OF THIS CODIFICATION

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Tobie Wilson

Mayor

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Daniel Meehan

Vice-Mayor

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Patricia Garrett

Jack A. Morrow

Daniel Wilson

Town Council

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Maynard A. "Skip" Gross

Town Attorney

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Ella Jane Wilson

Town Clerk

CURRENT OFFICIALS

of the

TOWN OF

MEDLEY, FLORIDA

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Jack Morrow

Mayor

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Carlos Benedetto

Vice-Mayor

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Eugenio Advincula

Kiki Quin

Mary Tanner

Town Council

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Melvin Wolfe

Town Attorney

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Herlina Taboada

Town Clerk

PREFACE

This Code constitutes the first complete codification of the general and permanent ordinances of the Town of Medley, Florida.

Source materials used in the preparation of the Code were the ordinances adopted by the Town 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.

The Code has been republished in 1999 with the inclusion of ordinances received for codification subsequent to the publication of Supplement No. 1 to the 1992 publication, and this republication constitutes a replacement volume to the prior 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 4 is 4-1. Under this system, each section is identified with its chapter, and at the same time new sections or even whole chapters 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 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. 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. 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.

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.

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE COMPARATIVE TABLE	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 appropriate page or pages affected 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 sheets 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 Mary Rose DiMarco, 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 The Honorable Tobie Wilson, Mayor, and Maynard A. Gross, Town Attorney, 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 town readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the town's affairs.

The republication of the Code was under the direct supervision of Rhonda A. Guthrie, desktop publisher, and credit is gratefully given to the other members of the publisher's staff for their able assistance throughout the project.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

ADOPTING ORDINANCE

ORDINANCE NO. C-246

An Ordinance Adopting and Enacting a New Code for the Town of Medley, Florida; Setting Forth Legislative Intent; Adoption of Codified Ordinances; Repeal of Non-Included Ordinances and Non-Revival of Prior Ordinances; Providing for Amendments and Supplements and the Form of Same; Providing for Citation of Code; Providing for Maintenance of Master Copy of Amendments or Supplements; Construction of Subsequent Ordinances; Providing for Separability; Setting Forth Prior Ordinances Not Affected by Repeal; Providing for Sale and Publication of Code of Ordinances; Repealing Conflicting Ordinances; Providing for Partial Invalidity; Providing for Inclusion in Municipal Code; Setting Forth Penalties; Providing for Amendments or Additions to Code to be Incorporated Therein; Providing for Adoption of Ordinances After Adoption of Code; Providing for an Effective Date.

WHEREAS, the present ordinances of the Town of Medley, Florida, are inadequately arranged with regard to titles, topics and subject matters, inadequately indexed and numbered, and some sections are insufficient in form and substance for the Town to properly and efficiently conduct its official business, and

WHEREAS, the Town Council of the Town of Medley, Florida, after public hearing, has determined that it is necessary for the proper conduct of the Town's business to have its ordinances renumbered, revised, rearranged and codified in a permanent printed form, and

WHEREAS, the Town Council of the Town of Medley, Florida, has contracted with the Municipal Code Corporation for the purpose of having said corporation review all of its ordinances enacted since the incorporation of the Town of Medley for the purpose of accomplishing the desired codifying, renumbering, revising and rearranging of the Town's ordinances which are of a general and permanent nature in order to print said ordinances in book form to serve as the official Code of Ordinances of the Town of Medley, Florida, and

WHEREAS, the Town Council of the Town of Medley, Florida, now wishes to formally adopt and enact a new code for the Town of Medley, Florida, published by the Municipal Code Corporation,

Now, therefore, the Town Council of the Town of Medley hereby ordains:

Section 1. Adoption of Codified Ordinances: The Code entitled "Municipal Code of Medley, Florida," published by the Municipal Code Corporation, consisting of Chapters One through Sixty-Two, each inclusive, is hereby adopted.

Section 2. Repeal of Non-Included Ordinances: All ordinances of a general and permanent nature enacted on or before April 6, 1992 and not included in the Code or recognized and continued in force by reference therein are repealed.

Section 3. Prior Ordinances Not Revived: 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. Other Amendments and Supplements: The Code may be amended or supplemented at any time, and when any amendment or supplement is adopted in such form as to indicate the intention of the Town Council of the Town of Medley to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of the Code of Ordinances so that any reference to 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 and supplements enacted as a part of the Code 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 sections.

Section 6. How Known and Cited: This adopting ordinance and the Municipal Code of Medley, Florida, are hereby adopted and any and all amendments and supplements which may be adopted in the future shall be known and referred to as the Municipal Code of Medley, Florida, and shall be known and referred to as either "The Code", "this Code" or the "Municipal Code of Medley, Florida".

Section 7. Master Copy of Amendments and Supplements: The Clerk of the Town of Medley, in addition to maintaining a copy of the Code in its initial book form in the Clerk's Office and shall keep a complete master copy in such form and manner as the Clerk may determine to be the most available for the easiest reference, a copy of all amendments and supplements bearing such title, chapter or section designations as may be proper. In addition, all such amendments and supplements shall be sent to the Municipal Code Corporation to be reproduced in printed form so that same can be added to the book form of the Code herein adopted. Additionally, all such additions or supplements to the Code when passed in the form as to indicate the intention of the Town Council of the Town of Medley, Florida, 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 8. Construction of Subsequent Ordinances: All ordinances adopted after October 1, 1992 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 9. Separability: Each section and each part of each section of the Code is hereby declared to be an independent section or part of a section and if any such section or part of a section or any paragraph, sentence, phrase, clause or other part of a provision of the Code is declared to be invalid or unconstitutional by a court of competent jurisdiction, the remaining sections, parts of sections and all other provisions of the Code shall not be affected by such a declaration and the validity of the remaining portions of the Code shall remain valid.

Section 10. Prior Ordinances Not Affected by Repeal: The repeal of ordinances as provided for in Section 2 of this ordinance shall not affect the following:

A.

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

B.

The administrative ordinances of the Town Council of the Town of Medley not in conflict or inconsistent with the provisions of the Code;

C.

Any right or franchise conferred by any ordinance of the Town Council of the Town of Medley to any person or corporation;

D.

Any ordinance naming, relocating or vacating street or public way or any ordinance identifying stop streets at intersections, one-way streets or any other traffic regulations; any ordinance or resolution levying or imposing taxes, assessments, millage rates or other matters related to ad valorem taxes or the Town's budget or any other charges, license fees, permit fees or similar assessments;

E.

Any ordinance fixing salaries, wage rates, fringe benefits, pension rights or other emoluments or compensation for employees and officials of the Town of Medley;

F.

Any ordinance which may be adopted by the Town Council of the Town of Medley after October 1, 1992.

Section 11. Sale and Publication of Code of Ordinances: The Clerk of the Town of Medley, Florida, is authorized to sell to the public, to the extent that they are not needed by the Town of Medley, a complete set of books comprising the Code, including any and all amendments and supplements thereto at such price as the Town Council may from time to time determine, considering overhead, handling, cost of printing and other related costs of the Town.

Section 12. Conflicting Ordinances: That all ordinances and parts of ordinances in conflict with this ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith.

Section 13. Partial Invalidity: Should any section, paragraph, sentence, phrase, clause or other part of any provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not affect the validity of the ordinance as a whole or any part thereof and to that extent, the terms of this ordinance are hereby declared to be severable.

Section 14. Inclusion in Municipal Code: It is the intention of the Town Council of the Town of Medley, Florida that this adopting ordinance shall be included in the Municipal Code of Medley, Florida.

Section 15. Penalties: 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 pursuance thereof shall be punished by a fine not to exceed $500.00 or by imprisonment for a term not to 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, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the Town of Medley may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits or any and all other remedies as allowed by law.

Section 16. Additions or Amendments to Code: Additions or amendments to the Code, when passed in the form as to indicate the intention of the Town of Medley 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 17. Ordinances Adopted After April 6, 1992: Ordinances adopted after April 6, 1992, 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 18. Effective Date: The Municipal Code of Medley, Florida, herein adopted, consisting of the various titles as designated therein and all provisions thereof, shall take effect and be in force at, on and after 12.01 a.m. on October 1, 1992.

PASSED BY VOTE OF THE TOWN COUNCIL on first reading in full this 8th day of September, 1992.

PASSED AND ADOPTED BY VOTE OF THE TOWN COUNCIL on second reading this 5th day of October, 1992.

;sigr;  \Tobie Wilson, Mayor

;sigl;  \Ella Jane Wilson, Town Clerk