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Town of Ocean Ridge |
Town Hall: |
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Town Hall Building & Zoning Police Department
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ORDINANCE NO. 569
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING CHAPTER 34, ARTICLE I, OF THE TOWN’S CODE OF ORDINANCES, BY ADDING A NEW SECTION 34-8, PROHIBITING CERTAIN BUSINESS AND CONTRACTING ACTIVITIES WITHIN THE TOWN ON SUNDAYS AND FEDERAL HOLIDAYS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that municipalities shall have governmental, corporate and proprietary powers to enable municipalities to conduct municipal government, perform municipal functions and render municipal services; and WHEREAS, Chapter 166, Florida Statutes, the “Municipal Home Rule Powers Act,” implements the applicable provisions of the Florida Constitution and authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law and to enact ordinances in furtherance thereof; and WHEREAS, the Planning and Zoning Board of the Town of Ocean Ridge has recommended that business by contractors and vendors not be conducted within the Town limits on Sundays and certain Federal holidays; and WHEREAS, the Town Commission has determined that such a provision would be consistent with and would enhance the Town’s residential character and the safety, health and welfare of its citizens; and WHEREAS, the Town Commission has determined that the enactment of this Ordinance is for a proper municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE AS FOLLOWS: Section 1. Findings of Fact. The WHEREAS clauses set forth above are adopted herein as findings of fact.
Section 2. Amendment. The Code of Ordinances of the Town of Ocean Ridge is hereby amended to include a new Section 34-8 which shall read in its entirety as follows:
Sec. 34-8. Business by Contractors and Vendors on Sundays, and Federal Holidays.
It shall be unlawful for any contractor, vendor or other business enterprise to engage in or conduct any commercial or business activities within the Town on Sundays and the Federal holidays of New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Notwithstanding the above, the following activities shall be permitted:
(a) activities conducted by a property owner or resident on his or her own property so long as such activity is in compliance with all other provisions of the Town’s Code of Ordinances and other applicable law;
(b) real estate open houses or the showing of real estate which is for sale or lease;
(c) the engaging in of commercial or business activities by existing grandfathered commercial property in the normal course of their business.
(d) emergencies requiring the work of public service utilities or necessary for personal health, safety and welfare or the protection of property.
Section 3. Codification. This Ordinance shall be codified in the Code of Ordinances of the Town of Ocean Ridge, Florida.
Section 4. Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Ordinance.
Section 5. Repeal. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption.
FIRST READING this ____ day of _______________, 2006.
SECOND AND FINAL READING this _____ day of ______________, 2006.
Commissioner ___________________ offered the foregoing Ordinance and its adoption. The motion was seconded by Commissioner ______________________ and upon being put to a vote, the vote was as follows:
KENNETH M. KALEEL, Mayor GEOFFREY A. PUGH, Vice Mayor DR. LYNN L. ALLISON, Commissioner ELIZABETH P.B. BINGHAM, Commissioner ____________ NANCY L. HOGAN, Commissioner ____________
The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission of the Town of Ocean Ridge, Florida, on second reading, this ____ day of ______________, 2006.
TOWN OF OCEAN RIDGE, FLORIDA
BY:________________________________ KENNETH M. KALEEL, MAYOR ATTEST:__________________________ TOWN CLERK
I:\Client Documents\Ocean Ridge\904-000\Misc\Ordinance - Construction on Sundays and Holidays.doc |
