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HomeMy WebLinkAboutO-01-11ORDINANCE NO. O-01-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-3, LOCATION OF PORTABLE SANITARY FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, limitations on portable sanitary facilities at construction sites being located in the swales of the right-of-way needed modification to be workable NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of(_)rdinances, City of Sebastian, Florida, section 26-3, is hereby amended to read as follows: Sec. 26-3. Location of portable sanitary facilities. It shall be a condition of every building permit that any temporary sanitary facilities, such as portable toilets, be located at the construction site b_ut shall not be placed within a public right-of-way i_.n_ a_..manner that imped_~ the normal flow __o_f traffic or obstruc~t.s sidewalks, or within ten (10) feet of' a waterway,~ .~;,~...~,~ .... Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember "]~],,gJ,__~ ~ The motion was seconded by Councilmember d ' ~t~Jt~AP__~g~ and, upon being put to a vote, the vote was as follows: - ('J/q~ ay°r Walter Barnes ~ Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of May, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: SallyA M' ,CMC t ally _A., .~ City Clerk only: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian Rich Stringer,"~iy t~rney