HomeMy WebLinkAboutO-01-17ORDINANCE NO. O-01-17
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CODE OF ORDINANCES TO CREATE SECTION 50-54 CERTAIN MULCH
MACHINES PROHIBITED; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, it is the finding of the City Council that commercial-type mulching
machines are a health and safety threat to the citizens and are not conducive to an urban setting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the (.',ode of Ordinances, City of Sebastian, Florida, is hereby
amended by adding a section, to be numbered 50-54, which said section shall read as
follows:
Sec. 50-54 Certain mulching machines prohibited.
It shall be unlawful to operate within the City limits any tub
grinder, or any other mulching machine, having a tub or otherwise
exposed chopping area with a diameter in excess of four feet.
CONFLICT. All ordinances or parts of ordinances in conflict
Section 2.
herewith are hereby repealed.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.
immediately upon its adoption by the City Council.
This Ordinance shall take effect
The
Majcher
Hill
Mayor Walter Barnes
Vice-Mayor Ben A. Bishop
Councilmember Joe Barczyk
Councilmember Edward J. Majcher, Jr.
Councilmember James Hill
foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
aye
absent
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 8th day of
August, 2001.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A.~4fiio~ CMC
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian:
~n~ger,~City tt~omey