FLAGLER COUNTY CODE

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Published by Order of the Board of County Commissioners, 1990

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Adopted, December 3, 1990
Effective, December 10, 1990

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OFFICIALS

of

FLAGLER COUNTY, FLORIDA

AT THE TIME OF THIS CODIFICATION

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Al Jones

Thomas W. Durrance

James G. Peura

John A. Clegg

Merhl E. Shoemaker

Board of County Commissioners

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James W. Pillon

County Administrator

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Noah C. McKinnon, Jr.

County Attorney

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Shelton B. Barber

Clerk of the Circuit Court

PREFACE

This Code constitutes a complete codification of the general and permanent ordinances of Flagler County, Florida.

Source materials used in the preparation of the Code were ordinances 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 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.

Numbering System

The 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 in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. 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.

Index

The index has 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 index itself 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 the editorial staff 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 Mr. James W. Pillon, County Administrator and Mr. Noah C. McKinnon, Jr., County 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 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

FLAGLER COUNTY ORDINANCE NO. 90-13

An Ordinance Adopting and Enacting a Code For Flagler County, Florida; Providing For the Repeal of Certain Ordinances Not Included Therein; 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 Board of County Commissioners of Flagler County Code:

Section 1. The Code entitled "Flagler County Code," published by Municipal Code Corporation consisting of Chapters 1 through 29, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before November 20, 1989, and not included in the Code or recognized and continued in force by reference therein, 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. Any violation of this Code or any ordinance may be enforced by the Code Enforcement Board and violators may be ordered to pay a civil fine not exceeding two hundred fifty dollars ($250.00) for each day the violation continues past the date set for compliance, and up to five hundred dollars ($500.00) per day for repeat violators. Violators may also be prosecuted criminally and are subject to a fine of up to five hundred dollars ($500.00) and/or up to sixty (60) days in jail for each violation, with each day constituting a separate violation. The County may pursue any other remedies allowed by law, including but not limited to abating a nuisance, seeking injunctive relief and seeking revocation of licenses or permits.

Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the County 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 November 20, 1989 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 of Florida within ten (10) days after enactment, and this ordinance shall take effect upon receipt of official acknowledgment from that office that the ordinance has been filed.

Adopted by the Board of County Commissioners of Flagler County, Florida this 3rd day of December 1990.

Date effective per Florida Statutes 125.66: December 10, 1990.

BOARD OF COUNTY COMMISSIONERS
OF FLAGLER COUNTY, FLORIDA

ATTEST:

/s/	/s/
Shelton B. Barber Clerk and Ex Officio Member of the Board	Al Jones, Chairman

 

(SEAL)