HomeMy WebLinkAboutO-97-03
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ORDINANCE NO. 0-97-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 98-36 OF THE CITY OF
SEBASTIAN CODE OF ORDINANCES ENTITLED "PARKING IN
RESIDENTIAL DISTRICTS AND ON STREET RIGHTS OF WAY";
PROVIDING THAT IT IS UNLAWFUL TO PARK VEHICLES IN A
RESIDENTIAL DISTRICT FOR THE PURPOSE OF MAINTENANCE OR
REPAIR, UNLESS THE VEHICLE IS REGISTERED IN THE NAME OF
THE OWNER AND/OR RESIDENT OF THE PROPERTY ON WHICH THE
VEHICLE IS PARKED; 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 being repaired for
profit in residential neighborhoods without the requisite licenses
and/or approvals; and
WHEREAS, the city council desires to outlaw the repair of
vehicles in residential neighborhoods, unless said activity,
involves a vehicle owned by the resident of the property on which
the vehicle is being repaired.
NOW, THEREFORE, BE IT ORDAINED BY the city Council of the
city of Sebastian, Florida, as follows:
Section 1: Section 98.36 of the Code is hereby amended by
adding a new subsection which reads as follows:
Sec. 98.36(f) A motor vehicle otherwise lawfully parked
in a residential district shall not be dismantled for the
purpose of maintenance, service, or repair, unless the
vehicle is registered in the name of the owner and/or
resident of the property on which the vehicle is parked.
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.
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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.
Seotion 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
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The motion was seconded by
councilmember
and, upon being put into a
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 Mayor thereupon declared this Ordinance duly passed and
adopted this ~ttaay of
JS,L,,//~j , 1991.
CI YOF SEBASTIAN, FLORIDA
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1se R. car~;rght71M~yor
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valerie F. settles,
and Content:
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City Attorney