HomeMy WebLinkAboutO-97-02ORDINANCE NO. 0-97-02
AN ORDINANCE OF THE CITY OF COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION
6-1 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES ENTITLED
"POSTING SIGNS" PROVIDING THAT IT IS UNLAWFUL TO PARK,
STORE, OR LEAVE MOTOR OR OTHER VEHICLE ON PUBLIC PROPERTY
FOR THE PURPOSE OF ADVERTISING SAID VEHICLE FOR SALE;
PROVIDING EXCEPTION; ESTABLISHING PRESUMPTION; PROVIDING
FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian has
expressed concern that a number of vehicles are placed in City
parking and public area for the purpose of offering said vehicle
for sale, thereby depriving citizens of parking; and
WHEREAS, the city Council desires to outlaw this activity, so
that the citizens of Sebastian will have adequate parking available
to them within the city.
NOW, THEREFORE, BE IT ORDAINED BY the city Council of the
city of Sebastian, Florida, as follows:
Section 1: Section 6-1 of the Code relating to the posting of
signs is hereby amended as follows:
Sec. 6-1 Posting signs, etc;, to poles, etc; advertising
vehicles for sale on public property.
c) It shall be unlawful for any person to park, store,
or leave any motor or other vehicle on public property in
the City, for the purpose of advertising that said
vehicle is being offered for sale, unless it is in
connection with a purpose or business enterprise lawfully
situated and licensed. For purposes of this section, it
shall be presumed that a vehicle is being offered for
sale if a sign or other written advertisement is
prominently displayed thereon. For purposes of this
section, the term "Vehicle" shall include, but shall not
be limited to trailers, motorcycles, boats and all other
types of water craft.
Section 3: If any section or part of a section of this
Ordinance is declared invalid or unconstitutional, the validity,
force and effect of any other section or part of a section of this
Ordinance shall not thereby be affected or impaired unless it
clearly appears that such other section or part of a section of
this Ordinance is wholly or necessarily dependent upon the section
or part of a section so held to be invalid or unconstitutional.
Section 4: This Ordinance shall prevail over all other
Ordinances which are in conflict with this Ordinance. If any
clause, section or other part or application of this Resolution
shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part
or application shall be considered as eliminated and in no way
affecting the validity of the remaining portions or applications
remaining in full force and effect.
Section 5: This Ordinance shall go into effect immediately
upon its passage and adoption and authentication by the signature
of the presiding officer and the Clerk of the City Council.
The foregoing Ordinance was moved for adoption by
Councilmember '~~j
Councilmember
vote, the vote was as follows:
Mayor Louise R. Cartwright
Vice-Mayor Walter Barnes
Councilmember Norma J. Damp
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The motion was seconded by
and, upon being put into a
The Mayor thereupon declared this Ordinance duly passed and
adopted this _~ day of
CITY OF SEBASTIAN, FLORIDA
Car%wright, ~Mayor
ATTEST:
Kathry~f.~ O'Halloran, CMC/AAE
ApproVed as to Form and Content:
Valerie F. Settles
City Attorney