HomeMy WebLinkAboutO-03-04ORDINANCE NO. 0-03-4
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING CODE OF ORDINANCES
SECTION 26-6, HOURS OF CONSTRUCTION LIMITATIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABIL1TY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, residential construction, by necessity, brings activities of a commercial
nature into the residential neighborhoods of the City; and
WHEREAS, the peaceful enjoyment and tranquility of the citizens in their homes can
best be protected by limiting the hours that such construction activities can take place; m~d
WHEREAS, the traditional Monday through Friday work week is still the norm for a
significant number of Sebastian citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended to create Section 26-6 Hours of Construction Limitations which shall read as
follows:
Sec. 26-6. Hours of construction limitations.
Construction activities within the city limits shall only be allowed
during the hours of 7 a.m. to 7 p.m., Monday through Friday, and 8
a.m. to 5 p.m. on Saturday and Sunday.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.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.
Section4. EFFECTIVE DATE. This Ordinance shall take effect
immediately upon its adoption by the City Council.
The
Hill
Coniglio
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:
Mayor Walter Barnes aye
Vice-Mayor Ray Coniglio aye
Councilmember Joe Barczyk aye
Councilmember Jan~es Hill aye
Councilmember Nathan B. McCollum aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 23ra day of
April, 2003.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
City Clerk
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, Cit A)Q~mey