HomeMy WebLinkAboutO-11-20ORDINANCE NO. 0 -11 -20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RELATING TO THE STORAGE
OF "JUNK "; AMENDING SEC. 86.46, AND SEC. 86-47,
ARTICLE III "JUNK" OF THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN, FLORIDA; PROVIDING
DEFINITIONS; REPEALING CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA:
Section 1. Sec. 86 -46 and Sec. 86 -47, Article III "Junk" of the Code of Ordinances of
the City of Sebastian are hereby amended as follows:
Sec.86 -46. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates
different meaning:
Junk means and includes all junked or discarded auto-me-Wes, machinery,
a) "Junk" shall include, without limitation: old and dilapidated motor
vehicles, trailers, boats or other vessels and parts thereof, household appliances,
scrap, building material, scrap contractor's equipment, tanks, casks, cans
barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper,
excelsior, mattresses, beds, bedding, or any other kind of waste material. A
motor vehicle shall be deemed to be a motor vehicle which is incapable of
locomotion under its own power, or which can no longer be used for the purpose
for which it was originally manufactured o shall have only salvage value whereby
parts thereof are kept and used for the replacement and repair of other motor
vehicles. A motor vehicle which has been substantially wrecked or demolished as
a result of a collision or upset shall be deemed to become a junk if it becomes
impracticable to repair because of financial reasons or otherwise and if it shall
remain without repair for a period of 30 days after the collision or upset which
substantially wrecked or demolished the motor vehicle.
b) Open -Air Storage. An area other than in a structure enclosed by four walls
and a roof, such as a garage or utility shed, that conceals it from public view shall be
deemed to be open -air storage. Placement of an article under a carport or on a porch
that is not so enclosed shall be considered open -air storage.
Sec. 86.47. Unlawful deposits, exception.
any lot or space within the city, except only that trash, garbage or other waste from
It shall be unlawful to deposit, store, or maintain, or to permit to be
deposited, stored, or maintained junk as defined in Sec. 86 -46 of this code, in open -air
storage. The temporary deposit of junk in a location authorized for waste collection is
exempted from this section.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
Section 4. Codification_ The sections of the ordinance may be made a part of
the City Code of Laws and ordinances and may be re- numbered or re- lettered to
accomplish such, and the word "ordinance" may be changed to "section," "division," or
any other appropriate word.
Section 5.
adoption.
The foregoing
Coy
Wright
Effective Date. This ordinance shall take effect immediately upon
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 Jim Hill
Vice -Mayor Don Wright
Councilmember Andrea Coy
Councilmember Richard Gillmor
Councilmember Bob McPartlan
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aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this
14th day of December, 2011.
CITY OF SEB
By:
Jim Hill
TIAN. FLORIDA
ATTEST
t
Sa,w . Mai., M
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, Zrey 9� Y
Words stricken shall be deleted; words underlined constitute the proposed amendment;
remaining provisions continue in effect.
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