HomeMy WebLinkAboutO-89-25
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ORDINANCE O-S9-lL_
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE; AMENDING SECTION 20A-12.2 TO
PROVIDE FOR ADDITIONAL DEFINITIONS; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 20A-12. 2 is hereby amended by adding a definition
for the term "Amusement device", and amending the existing
definition of the term "Commercial amusement, enclosed" in its
entirety to read as follows:
"Amusement device. Any video machine, pinball machine, pool
table, bumper pool table, billiard table, ping pong table, or
arcade-type entertainment equipment or device, including a device
which is activated or operated by means of a coin, token or
similar medium of exchange.
Commercial amusement enclosed.
A commercial amusement
establishment, the operations of which are conducted entirely
within the confines of an enclosed building or structure,
excluding necessary off-street parking facilities.
This
definition includes, but is not limited to, the following:
bowling alleys, billiard and pool establishments, skating rinks,
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video arcades and indoor theatres. A commercial establishment
which offers, displays, furnishes or otherwise makes available
two or more amusement devices or utilizes more than forty square
feet of floor space for amusement devices for use by the general
public or business invitees shall be considered a commercial
amusement establishment. A facility used exclusively as a
warehouse, garage or other distribution facility, the primary
purpose of which is to provide a place for the storage or repair
of amusement devices, shall not be deemed to be a commercial
amusement establishment."
section 2. CODIFICATION. It is the intention of the
city council of the city of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Land Development
Code of the City of Sebastian, Florida; that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention; and the word "Ordinance" may be change to "section",
"Article" or other appropriate designations.
section 3. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 4. 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
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assumed that the city Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
section 5.
EFFECTIVE DATE.
This Ordinance shall take
effect immediately upon final passage.
The foregoing Ordinance was moved for adoption by councilman
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vote, the vote was as fol ows:
The
motion
was
seconded
by
Councilman
and,
upon being put to a
Mayor Richard B. Votapka
Vice-Mayor Robert Mccarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this 10</1-- day of ~/ ,1990.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:/2LJt(~
Richard B. Votapka, Mayor
_~) Jl). {)//( j!p~~--_
O'Halloran, CMC/AAE
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hear~ng w.as held on
this Ordinance at 7:00 p.m. on the 1..Jl!!::: day Of"-,}:U_1U.ILil1 ' 1990,
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and that following said pUblic hearing this Ordinance was passed
by the city Council.
APprove~ ~o Form and Content:
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Charles Ian Nash, City Attorney
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