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HomeMy WebLinkAboutO-92-11ORDINANCE NO. O-92-3.1 ~ ORDINANCE OF THE CITY OF SEBASTI~.N, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PUBLIC PARKS ~%ND PUBLIC RECREaTIONaL F~CILITIES; AMENDING CHAPTER 18 OF THE CODE OF ORDINANCE8 OF THE CITY OF SEBaSTIaN; ~IENDING SECTION 18-1 TO REDUCE THE HOURS THaT THE CREATIVE PLAYGROUND PUBLIC RECREaTIONaL F~CILITY KS OPEN FOR PUBLIC USE; PROVIDING FOR REPE~L OF ORDINANCES OR P~RTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION iN THE CODE OF ORDIN~.I~CES; PROVIDING FOR SEVEI~BILITY; AND PROVIDING FOR~,N EFFECTIVE D~TE. BE IT ORD&INED BY THE CITY COUNCIL OF THE CITY OF SEB~STI~%N, INDIAN RIVER COUNTY, FLORID~ that~ SECTION 1. Section 18-1 of the Code of Ordinances of the city of Sebastian is hereby amended in its entirety to read as follows: "Seo. 18-1. Open hours. (a) Except as specifically provided by in subsection (b) of this Section 18-1 or as specifically set forth by Resolution of the City Council adopted from time to time, or unless special permission is granted by the City Council on a case by case basis, all public parks and public recreational facilities operated by the City shall be open to the public from one-half hour before sunrise until 10:00 p.m. (b) The Creative Playground public recreational facility, located at Barber Street and Tulip Street, shall be open to the public from sunrise until sunset, unless special permission is granted by the City Council on a case by case basis." SECTION 2. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. 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 Code of Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the words "ordinance" may be changed to "section", "article", or other appropriate designation. 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 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. 2 The foregoing Ordinance was Member / Council Member moved for adoption by Council . The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Council Member Carolyn Corum Council Member Peter R. Holyk Council Member George G. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of ~...~ , 1992. ATTEST= · Kathry~/M. o'~a~loran, CMC/AAE city CIerk · (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one p~b~ic hearingj was held on this Ordinance at 7:00 p.m. on the ~- fay of ~ , 1992, and that following said public hearing this Ordin~nc~ was passed by the ~.._~~Council. ~thr¥~/M. O'Halloran, CMC/AAE City CYerk Approved as to Form and~~tent: · Charles Ian Nash, City Attorney