75T p v !
a .AAS
0 R D I N A N C E '10. 75.
S U M M A R. Y
ti 2"_'ICIE I. mown Co<mcil
II. Ya; or
AI TICI.n III. Tcvm Clerk
ARTICLE IV. Marohal
ARTICLE V. Municipal Court
ARTICLE VI. Streets and Public '.forks
ARTICLE VII. Ordinances
ARTICLE VIII. Registrations ,
ARTICLE IX. elections
ARTICLE X. Fire Department
ARTICLE XI. Buildinga
ARTICLE XII., Police Regulations
ARTICLE XIII. Drivers Licenses
ARTICLE XIV Nuisances, Lot Cleaning, animals
running at -Large, Sanitary and
I:ealth Nuisances.
ARTICLE XV.' Business Licenses
Beverage Licenses
Liquor Licenses
Coin P:achine Licenses
ARTICLE XVI. Repealing Clause
Page.
1.
o.
8.
10.
13.
15.
19.
22.
24.
27.
30.
31.
40.
44.
51.
63.
T e3LE OF __CONTE11T S
0r
0 R 1,I U :L N C A N 0
7 5.
Ai TICLS I.
TO'dN COUIXIL.
Section
1.
Number of Councilmen
Term of.
When elected
1.
Section
2.
Time of Or3anization
1.
Saection of Mayor
2.
Section
3.
Mayor and Vice -Mayor
2.
Power to enforce Rules
2.
Section
4.
Judge of qualifications
2.
Rules of procedure
2.
Section 5. 4uorum
Meetings
General
Special
Notice of Special Meetings
2.
Section
6.
Vacancies in Torn Offices
3.
Section
7.
Torm attorney
3.
Section
S.
Other officers
3.
Section
9.
Bonds
J.
Section
10.
Powers of Council
3.
ADrrovai of Bills
4.
Section
11.
'„ualification of Councilmen
Contracts with Town forbidden
4.
Section
12.
Forfeiture of Office
4.
Sec'cion
13.
Vacancies in Council
Hoer filled and 7ilien
4.
Recall
4.
occti.on
14.
Tao or more v,cancies
Zlect'Lon to fill
5.
oection
15.,.Ia.yor
and Vice Mayor
Selection of.
5.
Oti.er officers
Selection of
5.
Section
16.
Meetings to be nn',lic
S.
:section
17.
Order of Business
5.
:section
18.
Compensation.
6.
1
6
.RTICLS II.
MAYOR.
Section 1. Duties of Mayor
Presidin- at meetings
Rule on questions of order
Vice -Mayor
'rihen to preside
Vote of Councilmen
'..he:i by "aye" and °nay"
Section 2. Duties of cort'd.
Judge of Municipal Court
Compensation as Judge
Section 3. Power of Appointment
Marshall
Deputy Marshall
Confirmation of Appointments
Section 4. Committee Appointments
Reports of Committees
Section 5. Veto Power
Section 6. Town Physician
Appointment by Mayor
Section 7. Vice -Mayor
-Jhen to act.
section 8. Ponds in Municipal Court
Power to fix
Limit of Por;er
ARTICU III.
NOW4 CLERK.
Section 1. Election of
Term of
Section 2. Duties of
As Town Clerk
As Tax Collector
As Assessor
As Clerk of Municipal Court
Compensation. of
Section 3. Duties of, cont'd.
Keeping minutes
Custodian of records
Account Hooks
Reports
Recording Ordinances
Resconsibility for -roperty
Office Hours
*4
6.
6.
7.
7.
7.
7.
7.
8.
8.
•
8.
•
A'1TICLE III. TO,R7 CI.6RK, Conttd.
Section
4.
Duties of
Deposit of Funds
Bank Statement
9.
Section
5.
Duties of
Fund Accounts
Warrants for Payments
9.
Section
6.
Payment of ''Warrants
Order of
Designation, of Fund
10.
Section
7.
Duties of
As Registration Officer
10.
Section
8.
Powers
Vey Administer Oaths
10.
ARTICLE IV.
MARSHAL.
Section 1.
Duties of
Custodian of property
Receipt for prgerty
Responsibility for property
10.
Presence required at.
Fires
Riots
Disorderly Condbct
Elections
Public GatheriaZs
Meetings of Council
Suppressing Disorder
Personal Reports
11.
Section 2.
Powers of
Arre at
Accepting Bonds
Amount of Bonds
11.
Section 3.
Dunes of
As Health. Officer.
Violation of Health Regulations
Duty to Report
Tuicances
Duty to Report
Diseases
quarantines
11.
State Board of Health Rules
Enforcement of
Abatement of huisancea
Porter to abate
12.
Section 4.
General Ponders
12.
ARTICLE N. M,,R. ',iA . Cont'd.
Section 5. Deputy Marshal
Duties of
Compensation
Appointment of
section 6. Marshall
Compensation of
ARTICU: V.
MU:?ICI?AL COURT.
Section 1. Creation of Court
Jurisdiction of
Judge of
Section 2. Clerk of Court
Duties of
Sedtion 3. Porters of Judge
Issue Warrants
Subpoenaes
Service of Process
Marshalls Duties
Returr, of Process
Taking Bail
Conduct of Trial
Judgment
Fine or Imprisonment
Section 4. Form of Charges.
By Affidavit
Taken before Mayor
Advancment of Costs in certain cases
Refunding of same
Section 5. Conviction and Sentence.
Terms for Payment
Remission of Penalties by Mayor
Sstreating Bonds
Section 6. Revenues of Court
Disposition of same
Section 7. ditnesses' Fees
Section S. Anpreals
Procedure
AP.TICLE VI.
STREETS A4:D PLr3LIC 'WORKS.
Section 1. Jurisdiction of Council
Control of Streets, Alleys,
6idevalks, Public Grounds,
Bridges, Drains, Docks, etc.
Opening of
Nuisances on
Delegation of ,,'ork on
12.
12.
13.
14.
14.
14.
14.
14.
15.
15.
15.
15.
ARTICLE VI. STRELTS AND PUBLIC -dORKS Cont'd
Section
2.
Changing Streets
is.
Section
3.
Dedication and Acceptance.
16.
Section
4.
Vacating
Changing Name.
Procedure
'
Notice
Objections
16.
Section
5.
Plats
17.
Recording
Acceptance of
Requirements of
Dedication
Release of Damages
17.
Section.
6.
Plats
Vacation. of
Consent of Council
17.
ecord of
18.
Section
7.
Streets
Paving
Curbind
Sidmlks
Assessment of Cost
18.
Section
8.
Plats
Liability of Town
iiork in Subdivisions
18.
Section
9.
Streets
Width of
18.
ARTICLE VII.
ORDINA17=0
Section 1.
Passage of
19.
Method of
First Reading
Reference to Committee
Second Reading
Final Passage
Approval by Mayor
Attestation by Clerk
Waiver of Rules
Passage at One Meeting
19.
Section 2.
Passage of Cont'd.
Vote on
Record of Vote
Certification to :mayor
Approval by Mayor
Time of
Veto
Reasons for Veto
Passage over Veto
19.
Failure of Mayor to Approve or
Veto. Action by Council
20.
ARTICL3 VII. O:lDINisNCES Cont'd
Section 3. Posting and Publication of.
Where Posted
Time of Posting
Publication of
When to be published 20.
Section 4. Recording 20.
Section A. Certificate of Posting 20.
Form of 21.
Affidavit of Publisher 21.
iu,TICLE VIIL
REGISTRATIONS.
Section
1.
Registration Officer
Registration Book
22,
Section
2.
Time for Registration.
22.
Section
3.
Re -Registration
Official List
22.
Section
4.
:qualification of Electors
Age
State Residence
Town residence
22.
Section
5.
Oath of Elector
Form of
23.
Section
6.
Revision of Registration List.
Time of
-Striking of names on
Posting, of List of Names stricken
23
Publication of
23.
Section
7.
Restoring Name on List.
Meti_.od
24.
Section
8.
Right to Vote
241
Section
9.
Poll Tax
Abolished -
24.
Section
10.
Registration List at dlections
Copy for Election Board
Return of
24.
Section
11.
Refusal by Clerk to Register Elector
Penalty for
24.
ARTICLE IX.
ELECTIONS.
Section 1. Official Call 24.
Aotice 25
Time of Notice
ProofofNotice 25.
1
ARTICLE IX.
ELECTIONS Cont'd
Section
2. General or Annual Elections
Non -partisan
Time of
Resolution for
Requirements of
Place of
25.
special Elections
Call for
Time of
Law Applicaule
25.
Section
3. Election Board
Number of
Inspectors
Clerk
25.
Supervision of Council over
26.
Section
4. Canvassers
Board of
26.
Section
5. Ballots
Form of
Printing of
26.
Section
6. Candidates, Names on Ballot
Petition of
Plumber of Signers
Filing of
Time of filing
Notice of refusal to Accept
26.
Section
7. Law Governing Elections
26.
ARTICLE X.
FIRE DEPARTMENT.
Section
1. Creation of
27.
Section
2. Personnel of
27.
Section
2-A.Chief
Appointment of
Term of
Control over Equipment
27.
Section
2-B.Assistant Chief
Duties and Powers
Appointment of
27.
Section
2-C.Firemen
Selection of
Number of
Term of
Duties of
Fire Drills and Practice
Compensation
27.
Who to receive compensation .28.
F
Section 3. Compensation
Amount of
28.
Section
4.
Fire Drills
Call for
28.
Section
5.
Rules and Regulations
28.
Power to adopt
29.
Approval of Council
Meetings
Recommendations
29.
Section
6.
Right -of -Way on -Streets
29.
Obstruction of Firemen
erection
7.
Driving Tlirough Streets
29.
In case of fire
Blocked off Streets
Violation of Ordinance
29.
erection
8.
Safety Zones
Establishment of
Violation of Ordinance
30.
Section
9.
Police Powers of Firemen
30.
Section
10.
Penalties
30.
WS#-*x#)P "4F
BUILDII\GS.
Section 1.
Permits
30.
When riquired
Application for
31.
Requirements of
Fee of Clerk
Recording of Permit
Issuance by Clerk
31.
Section 2.
Boat Houses & Fish Houses
Prohibition of
Permit for
Issuance by Council
31.
Section 3.
Fishing Boats c'- Other Crafts.
31.
Prohibition of
Permit from property owner
Power of Council
31.
ARTICLE XII.
POLICE RGGULATICI3
31.
Section
1.
Penalty
32.
Fine
Imprisonment
g2,
Section
2.
ssault and Battery
32.
Section
3.
Petty Larceny
32.
erection
4.
Malicious Mischief
32.
::RTICLE %LL. (Con't.)
70LICE REGULATIONS
Section
5.
Disturbing :.ee8ings
33.
Disturbing Occupants of
Hotels and Residences
Section
6.
-False Pretense
33.
Section
7.
Conspiracy
33.
Section
S.
Disturbing the Peace
33.
Disorderly Conduct
Section
9.
Disturbing tl:e Peace
34.
Disorderly Conduct
Section
10.
Obstructing :rt reets
35.
Dumping Refuse
section
11.
I:'otor Vehicles
35.
Speed Limits
Section
12.
IIeckless Driving
35.
Section
13.
Blocking Fire Equipment
:,mbulances, Police cars, etc.
36.
Section
14.
Hight -of --ray of Fire
Ecuipment, ambulances,
Police cars, etc.
36.
Section
15.
Nuisances
Forbidden
36.
Section
16.
Nuisances
Definition of
36.
Section
17.
School Busses
37.
Passing of
Duty to Stop
Section
18.
School Busses
37.
Marking same
Signs on
Lettering on
Duty of -.us Driver
37.
Section
19.
Motor Vehicles
389
Spot Lights
Section
20.
Rotor Vehicles
Driving while Intoxicated
38.
Section
21-A.Resistiag an Officer
,"ith violence
38.
Section
21-B�Resisting an Officer
38.
Penalty
Section
21-C.tesisting an Officer
38.
-,lithout violence
Penalty
erection
21-D.Resis�tting an Officer
39.
Penalty to �ssist Orficers
ARTICLE XII. POLICE F.EGJL.TICbIS (Con't.)
Section 22. Disposal of Filth 39.
Penalty
Section 23. Bicycle Lights 39.
Penalty
ARTICLE XIII.
DRIVERS'
LICEIe
SES
40.
Section.l.
License Required
40.
Section
2.
Issuance of
40.
Duty of Clerk
..r:plication for
Fee for License
Section
3.
:=registration of Car
40.
Police Department
Examination of applicant
41.
Section
4.
^ualification of Driver
41.
pee Limit
Ability to Drive
Examination
Section
5.
Unlicensed Drivers
41.
Driving Prohibited
,section
6.
License Feriod
41.
.Iho required to take same
Persona Exempt
42.
Lose of Certificate
Issuance of Duplicate
Fee for Duplicate
Section
7.
Display of License
42.
Section
8.
Revocation of License
42.
Section
9.
Suspension of License
43.
Section
10.
Inspection of Car
43.
Prior to License
3y qualified Garage
1Iorn, Lights, Breaks
Certificate of Inspection
Where and when filed
Inspection free of charge
43.
Section
11.
Penalty
43.
Fine
Imprisonment
i RTICLE XIV.
NUIS,,'1XES.
Section 1.
Definition of
44.
Stagnant 'dater
Trash, Filth, etc.
.ieeds, 7ioxious plants, etc.
44.
Section 2.
yotice to Abate
44.
when required
Time limit
Council may abate
Duty of Town Marshal
erection 3.
Report of 1%rshal
'alien report required
Lotice to Property Owner
Clerks Duties
Cost of Work
44.
Section 4.
Lien for cost of /ork
45.
"orm of
Duty of Clerk
Filing
iiecording
Service of copy of Lien
Time of filing and Serving
46.
section 5. Notices
Service of
Ketl-.od of
Time of
Posting of 46.
Section 6.-nimals Running at urge 46.
Rorses
Cattle
Swine
Sheep
Goats
Penalty 46.
erection 7. Animals
Impounding
-When declared to be Nuisances
Duty of L"arshal
To seize and impound 47.
File sworn Complaint
Mayor's Court Dgty and Powers
I;otice to owner
if known
if unknown
Leering on complaint
Judgment 47.
�J
0
oection 8. Animals Cont.
Sale of condemned animal
Notice of
'requirement of
Costs and e::pensea
Proceeds
Disposal of Proceeds
Redemption by owner
Section 9. Animals
Fees of Officers in
impounding proceedings
Expenses
uection 10. Animals
Interfering with Officer
in impoindingj etc.
Penalty
Section 11.-nimals
47.
48.
48.
_9.
Seizure by irivate Citizens 49.
When authorized
Duty to report of 1,[arshal
Time to report
Procedure
Section 12. Animals
Custody of after seizure
Fee for feeding
Section 13. Sanitary Nuisances
Definition of
Section 14. Health Nuisances
Definition of
Penalty
ARTICLE Xv.
LI12ENSES
Section 1.
"action 2.
section 3.
Business Licenses
',Then required
Issued by Clerk
Application for
Filed with Clerk
Form of
Oath of
Filing Fee
Duty of Clerk
Application) when
returned
Issuance of License
Display of License
49.
50.
50.
50.
151.
51.
52.
r
s3TICLE XV. LICENSES (Con't..)
Section 4.
Term of License
52.
Renewal of Licenses
Application for Renewal
notice to Delinquents
53.
Failure to renew
Filing fee
Licenses for less than a year.
Section 5.
Statement of Value of Stock
53.
Oath
Contents of Statement
erection 6.
Schedule of License Costs
54.
Section 7.
"Store" defined
55.
Section 8.
Penalty
55.
Fine
Imprisonment
Layor may refuse to Iasu4
56.
License
Revoking License
i
Refund of Fee
Section 9.
Beverage Licenses. ',Vines & Beer
56.
-:'hen required
Amount of
Oection 10.
Beverage Licenses
56.
revenue from
Section 11.
Penalty
56.
Fine
Imprisonment
57.
Section 12.
Liquor License
67.
4hen required
Amount of
Penalty
Section 13.
Coin machines
57.
License
'Ihen required
58.
Section 14.
Coin Lachines
58.
Definitions
(a) Automatic vending &
amusement machines
(b) Skill Yackines
(a) Trade —achines
(d) Other-�achines
59.
U.S. Stamp 2achines
Section 15.
Coin IL.achines
59.
"Operator" defir_ed
#Location Operator" defined
i
ARTICL: XV. LIC3NSE (Con't.
erection
16.
Coin Lachinea
59.
Term of License
'.When issued
60.
,action
17.
Coin ;,achines
60.
Fees
"action
18.
Coin P:achines
Gene i•al :regulations
(a) L'inors forbidden
(b) Orderly Operation
61
(c) "Plugcing" forbidden
Nection
19.
Coin Liachines
Application for License
Filing
Duty of Clerk
Issuance
Limit of number licensed
61.
erection
20.
Coin Macl-ines
Identifice:tion Plates
Display of
Section
21.
Coin Pdachines
62.
Penalty
Section
22.
Coin Machines
62.
Revenues from
Disposition of
Section
23.
Coin Lachines
62.
Gambling devices
excluded
.Section
24.
Coin Macb.ines
62.
;:here may be operated
erection
25.
Coin Iiac.aines
63.
Saving Clause
Section
26.
General Licenses
63.
_refund of Fees
'Shen permitted
£ot to apply to Deverage,
Liquor or Coin Itachine
Licenses
ARTICLE XVI.
REPEALING CLAUSE 63.
Nection 1. 'What Ordinances Repealed
I
ORDINANCE NO. 75.
AN ORDINANCE PROVIDING FOR THE GOVERN19KNT OF
THE MET OF EDGLWAT4R, FLORIDA, PRESCRIBING
TIE PO'WERB AND DUTIES OF THE TOWN COUNCIL AND
OF''TZ CFFICERS THEREOF, ESTABLIShING A L'JN-
ICIPAL COURT, REGULATING STIi:;r','_'S AND ALLEYS,
SUBDIVISIONS AP,D PLATS, 2a:LATING TO THE PASSAGE
OF ORDINANCES, REGISTRATION OF ELECTORS,
CO'IIDUCT OF ELECTIONS, ESTABLISMYNT OF A FI:W
DE PA?.TfisNT� ERECTION OF BUILDINGS, PER;_I'fd n`:D
LICL'NSES, MOTOR VEHICLES nND DRIVv:�S LICS;—iZS,
POLICE REGULATION'S AND PENALTIES FOR THE
VIOLATI01: TInLIPOF,.REGULATION OF NUISANCES, AhD
REPEALING ALL ORDINANCES INCOHSISTEb?T HEREWITH.
BE IT ORDAILED BY THE TOWN COUNCIL OF THE TOWN OF
EDGEWATER, FLCRIDAt-
ARTICLE I.
TOWN COUN CIL
"umber and Section 1. The Town Councilshall
terms of
Councilmen. consist of three members, each of whom shall be
elected for a term of three years, or until their
sucessors are duly elected and qualified. One
Councilman shall be elected at the general town
election in the year 19382 and one at the general
town election in each successive year thereafter.
The three year term herein designated shall
commence on the day of the general town election
and shall terminate on the day of the general
town election three years thereafter.
Time of Section 2. Upon the installation
Organizing.
of any member of the Town Council, the Town
Council composed of the holdover councilmen and
of the new councilmen shall without adjournment
immediately proceed io organize itself by electing
by ballot one of its number to be known and
I
dssignated Mayor -Councilman, provided that if
by ballot no member shall secure a majority vote,
such I'ayor shall be selected by lot. The retiring
Mayor shall step down and the new one take his
place without adjournment of the Town Council.
Mayor and section 3. The council shall
Vice-?!ayor.
elect one of its members as i'ayor-Councilman and
he shall have the power to enforce such rules as
may be adopted by the Council for its government.
The Council shall also elect one of its members
as Vice-Layor.
Judge of .section 4. The Town Council shall
qualifications.
Rules of 'ro- be the Judge of the election and qualifications
cedure.
of its own members and of the officers of the
town. It shall choose its rules of procedure.
Quorum and election 5. A majority of the
D',eetings.
members of the council snail be required at a
meeting to constitute a quorum. The regular
meetings shall be held on the first and third
Tuesdays in each month, beginning at the hour of
7;30 o'clock P. M. and shall be held at the Town
Fall commonly referred to as the "V. 1. a. ;:all"
in said Town. Special meetings shall be called by
the iLayor-Councilman, and in the event of iris
refusal to call a secial meeting when it shall
be deemed necessary, such special meeting :aaybe
called by two members of the Council by written
notices delivered to each of the members of the
Council at least two days prior to the date
specified for said s�ecial :meeting, which notice
shall contain a statement of the purpose of such
special meeting.
Vacancy ,,ection 6. If a vacancy shall
occur in any office of the Town between the
annual elections, then the Council shall fill
the vacancy, except as otherwise herein provided.
Town Attorney. '..;ection 7. The Council stall
appoint a Town Attorney who shall serve for one
year, and at the time of such appointment, the
retainer fee of said attorney shall be fixed by
contract, which contract shall also provide the
basis of compensation for said attorney's services,
and his duties.
Other Cfficers. Jection S. 9aid Council shall have
power from time to time, to elect such other
officers, excepting Town Clerk, as shall be
necessary for the proper government of the said
town.
Ronde. ;ection 9. The Town Council shall
by resolution, fix the a:.iount of the bond of the
Town Clerk, and of such other oi'ficers as shall be
deemedlhecessary.
Powers. .,action 10. All powers of the Town
except such as are vested in the jurisdiction of
the Eunicipal Court and except such as are other-
wise provided in this _.rticle, or otherwise pro-
vided by the Constitution and laws of the State of
Florida are hereby vested in the Town Council and
the Council shall1Ay�`ordinance or resolution when
necessary from time to time provide the manner in
which such powers shall be exercised. It shall be
Approval of the duty of the Council to approve all bills
Bf11s.
ainst the town by the affirmative mote of a
m:�,jority of its members before vouchers in
payment of same are drawn.
Qualifications Section 11. Members of the Town
of Councilmen.
Council shall be residents of the Town for one
year immediately prior to the election, and shall
have the qualifica..tions of electors and shall be
freeholders within the town limits. No officer or
employee of the town shall be interested in the
profits or emoluments of any contract, work or
service for the town, and any such contract in
which any such officer or employee is or may become
interested shall be declared void by the Town
Council.
Forfeiture of Jection 12. Any councilman, officer,
Office.
or employee who shall cease to possess any of the
qualifications required by this ordinance shall
forthwith forfeit his office.
Filling of ,Section 13. Any vacancy, or vacancies,
Vacancies
and Recall. occurring in the office of Councilman from any
cause or causes whatsoever must be filled by
election by the qualified electors, if said
vacancies occur as long as three (3) months before
the end of a fiscal yeanj otherwise said vacancy
shall be filled by the Town Council at its next
meeting after such vacancy occurs, which meeting
must he held within ten (10) days after such
vacancy occurs. Any business may be transacted by
the two Councilmen remainin, pending the filling
of such vacancy. any member of the Town Council
may be recalled by a majority vote in an election
4
by qualified electors called upon resolution of
the other two Councilmen.
Two or more Section 14. In case two vacancies
Vacancies.
in the office of Town Councilman shall exist
simultaneously, the remaining Councilman shall
have authority to call an election to fill such
vacancies and if there be three vacancies
simultaneously, the town Clerk shall have the
power to call an election to fill the vacancies
in the office of Town Councilmen.
.selection of Section 15. In case the members of
tayor and
Vice-L'ayor. the Town Council are unable to agree within two
weeks after the time fixed herein for the organ-
ization meeting upon the selection of the .:ayor
or Vice-T;ayorp or any other employee of the town,
then such officers or employees of the town shall
be chosen by lot, conducted by the Town Clerk in
the presence of the Council who shall certify the
result of such lot upon the minutes of the town
council.
Meetings to be Section 16. all meetings of the
public.
Executive Town Council shall be public, except tt:at by
Sessions.
unanimous vote the council may conduct an executive
session for the discussion of any particular items
of businesswhere deemed necessary.
Order of ,section 17. The order of bissiuess
Business.
at all meetings of the Council si:all be us follows.
1. Call to order.
2. ;eading of the minutes.
3. Reading of Bills and Accounts.
4. iteports of officers.
5. Reports Of scanding committees. 5
6. :jeports of Special committees.
7. Communications.
S. Ordinances.
9. Unfinished 'business.
10. Ivew business.
11. Miscellaneous business.
This order may be varied at any time by unanimous
consent of the members present.
Compensation .lection 18. Each councilman shall
receive the sum of one ($1.00) dollar as compen-
sation for his attendance at each meeting of the
Council.
nRTICLE II.
T H E M A Y 0 R.
Duties of the section 1. The Mayor shall preside
Mayor.
at all meetings of the Town Council, and in his
absence, the Vice-Layor shall preside. The Mayor
shall decide all questions of order without. debate.
Motions, and resolutions may be withdrawn by the
mover at any time before the same has been put to
vote. In every instance when called for by the
members the "ayes" and "nays" shall be taken;
except, on the passase of all Ordinances or
resolutions, the same shall be put to a roll call
vote.
Judge of section 2. The Layor shall act as
Municipal
Court and Judge of the 4.unici�al Court, and as such small
Compensation.
perform all of the duties prescribed by the general
laws of the State of Florida regulating procedure
Eel
in I'unicipal Courts, as compensation for his
services as .:udge,of said Court, he shall receive
the sum of two ($2.00) dollars for each case
handled, except in case of acquittal no fee shall
be paid.
Marshall and Section 3. The Mayor -Councilman
Deputies.
shall appoint the Town biarsY.a 11 and such Deputy
Marshalls as shall be necessary, which said
appointments shall be subject to confirmation by
the Town Council, except tr:at in case of Deputy
iiarshalls for a temporary duty, no comfirmation
by the Town Council shall be necessary.
Committees. .lection 4. The I.':ayor shall ond.is
hereby authorized to appoint all standing
committees of council, and may appoint special
committees at any time it oecomes necessary to
investigate any matter involving the welfare of
the town, and requiring such committees to -report
its findings to the Town Council at the next
succeeding meeting.
Ordinance Veto. Section 5. The Is'ayor shall approve
or veto all ordinances passed by the Town Council
subject to the right of the Council to pass
ordinances over the veto of the LSayor as herein-
after provided.
Town Physician.
;action 6. The I:ayor, subject to the
a proval of the Council may desi,;nate a Town
Physician, when deemed necessary for the welfare of
the town.
I
Vice -Mayor. jection ?. The Vice -Mayor shall
perform all of the duties of the Mayor in case
of the absence or incapacity of the Mayor to act,
except that the Vice-L'ayor shall have no power to
arprove or veto ordinances.
Bond in ;ection S. The Layor shall have power
Criminal
cases. to fix the amount of bond in all cases in his Court,
which bond shall not be less than ten ($10.00) dollars.
.,2TICLE III
T 0 W N C L E R K
Election and
.ection 1. One Town Clerk shall be
Term.
duly elected at the general town election in each
year and his term of office shall be for one year
or until his successor is duly elected and qualified.
Duties.
.section 2. He shall act as and perform
all of the duties Of ;own Clerk, Town Tax Collector,
'
Town Assessor, and Town Treasurer as perscribed by
ordinances of the Town of Edgewater, Plorida, and
the laws of the State of Florida. =e shall also act
as Clerk of the Iunicipal Court, when called upon
so to do, by the Mayor. He shall receive as his
compensation, the sum of fifty ($50.00) dollars
per. month and in addition thereto such fees as may
be prescribed by the ordinances of. the Town of
Edgewater, Florida. 'then acting as Clerk of the
k
Municipal Court, he shall likewise be allowed a
fee of two ($2.00) dollars for each case handled
by him, except in case of acquittal no fee to be
.
if,
paid, such sum to be taxed as part of the costs
of the suit.
Duties. iection 3. Town Clerk stall keep
accurate minutes of all of the I:eetin„s of the
Council and shall be the custoaian of the Town's
seal and of all the b,_oks, records and archives of
the town. I:e shall also keep books of account of all
the money received by him and si.all make a monthly
rej.ort to the Council of the financial status of
all of theaccounts of the town and an annual
report to said Council of such financial status.
He small be res_onsible for the safe keepin;; of
all of sL;id books, records and archives. FIe shall
record all ordinances in the Ordinance Book as soon
as they become a law. He shall be in his office at
such pro.er time for transacting business during
such days and hours as the Town Council may by
resolution prescribe.
Financial - 3ection 4. He shall deposit all moneys
Duties.
coming _; into his hanas in such Bank or :Banks as may
be. , designated by the 'Town Council. `uch deposit
shall be in the name of the Town of 3dgewater,
Florida, c,na he shall present to the Town Council
at the first regular meeting of each month, a
statement from the lank where such money is
deposited setting forth the balance standing to
the credit of the Town.
Accounts. Section 5. He shall keep separate
and destinct account of the different funds in his
hands and of the moneys appropriated therefor
respectively, and shall not pay money out of any
fund except on warrants drawn thereon.
ME
Warrants. - - Section 6. All warrants shall be paid
by the Town Clerk, in the order in w::ich they are
presented, and shall designate the fund upon
%which they are drawn.
Registration. Section 7. He shall act as town
Officer.
registration officer and si:all perform the duties
of such officer as the same are prescrioed by the
ordinances of tLe Sown.
Duties. .section 8. T;,e said 'Town Clerk be and
he is hereby authorized to administer oaths to all
persons applyin� before 'Lim for exemption of :own
Taxas and Licences, and in any and ail ether,cases
•ra`lien by law it is ;:.ecessary --or an oath to be
I
aken to an ai;plication for a i'own of lds;ewater
Licence or Tax, and to all .witnesses in any and
all cases in �..ich the said Town Clerk shall
be acting as Clerk of ti:e L'ayor Is Court of said
Town,
A21TICLE IV.
TOWN MARSHALL
Duties. Section 1. The Marshall shall be the
custodian of all the personal property of the town
except that contained in and comprising a part of
the furnishings of any town building, and at the
beginning of his term of o1£ice3 or when the
Council shall so direct he shall receipt for such
property as well as any addition that may from
time to time be made thereto, and shall be res-
ponsible for its proper care until relieved by the
Council of such care and responsibility. In case
of an alarm of Sire or riot, or disorderly conduct,
he shall rromptly repair to such place for the
discharge of his duties and shall be present at all
elections and at any gathering of persons where
disturbances or violations of the law may occur,
to suppress the same. i;e shall report in person
• to the Mayor at least once each aay and when
required by tr.e rlayor or Council. to give an account
of `,is official doings. he si,all attend all
meetings of the Town Council.
Arrests. .section 2. He shall have authority
to make arrests for the violation of ordinances of
said town and in the event of any arrest by him
he shall acce.-t a bond or other security for the
appearanpe of any person so arrested, which app-
earance bond shall not be less than ten ($10.00)
dollars.
Health Officer. section 3. He shall act as Town
Health C£ficer, and shall report to the Town Council
ary and all violations of the: health ordinances
or regulations of the town and any and all nuisances
and conditions which threaten the health of the
citizens of the town. If any contagious or in-
fectious disease is found to exist in any building
or property within the limits of the town, he
shall upon recei;.t of a physician's certificate
that such contagious or infectious disease exists,
place a quarantine u:on such building or premises
and shall be authorized to enforce such quarantine
in accordance with the laws of the State of Florida
pertaining thereto. Fie shalt also as town health
JUL
I
officer, enforce all rules and regulations of
the State Board of Health of the State of Florida,
relative to the preservation of the public health
of the town and shall take such action as he may
deem necessary for. the prevention, abatement, and
suppression of nuisances and for the preservation
of the life and health of the inhabitants of the
Town of Edgewater, Florida.
Other Duties. 4ection 4. The Town Marshall shall -
discharge Bach other duties as shall be prescribed
by law or shall from time to time be prescribed
by the Town Council.
Deputy ?'arshall
Section.5. In the case of the absence
and Compensation
of the Town Earsliall or his inability to perform
'his duties, a vice-marshall shall be desi--nated by
the Mayor who shall perform the duties of the
I+:arshall during his absence or inability and on the
basis of the same compensation as is allowed to the
'own Marshall, and shall 'us paid out of the said
L;arshall's salary, unless such disability be caused
by injury sustained in the performance of his duties
as such Marshall. Deputy L:arshalls shall be appointed
as herein provided when necessary from time to time,
who shall have the power of police officers and whose
compensation shall be fixed by the Council by proper
resolution.
Compensation.
;ection 6. The Town Marshall shaX
receive as :As compensation the sum of forty ($40.00)
dollars per month and such additional fees as are
allowed to him by the Ordinances of the Town of
Edgewater, Florida, also in all cases in the
L:unicipal Court, he shall receive the sum of three
12
($3.00) dollars for each arrest which am shall be
taxed as part of the costs of such suit, except in
case of acquittal the same shall not be paid.
MUNIC I P.,L COURT
Creation of Section 1. There shall be and there
Mayor's Court.
is hereby estL.olished in the Town of c'dgewater,
Florida, a Mayor's Court,to be known as "The
Mayor's Court of the Town of 3d-�ewater, Florida",
w'dch Court shall have jurisdiction to try all
offenders against the municipal ordinances. Such
Court shall ue rresided over by the Layer, or in his
absence or disqualification to act, then by the Vice-
L'.ayor, and in the event of tP,e absence or disability
to act of both the Layer and Vice-L:ayor, then the
other member of the Council shall preside over said
Court.
Clerk of Court. Jection 2. The Town Clerk shall keep
the records of the Liayor's Court and stall keep a
docket of all cases tried in said Court. I.owever,
said Court may in the discretion of the Mayor
proceed with the trial of offenders without the
personal presence of the Town Clerk. Oaths shall be
administered to witnesses by either the L;ayor or
Town Clerk.
•
Powers of Judge. ..ection 3. The Mayor, acting, as Judge
of ti.e Layer's Court, shall have power by !:is
warrants to have brou„ht before him any person or
persons cl.arged with the violation of -'own
Ordinances; and shall have power to issue and cause to
be served any and all writs and processes necessary
r 4
l
for the proper exercise of the functions of the
Liayor's Court, such as are issued and used by
Justices of the Peace in the State of Florida;
and it shall be the duty of. the Town Marshall or
his deputies to execute and serve such writs and
processes and to make proper return thereon. The
Mayor as such Judge shall have power to t.ke bail
for the appearance of the accused person, to inquire
into the truth or falsity of all charges preferred,
to decide on the guilt or innocence of the accused
and to fix and impose such penalties by fine or
imprisonment as are prescribed by the ordinances
of the Towne and to have all powers incidental and
usual to the due enforcement of such Town ordinances.
Form of Charges. Section 4. All charges for the
violation of a Town Crdinance shall be preferred
by affidavit made and taken before the L:ayor of
the Town. In case affidavit is preferred by a
person other than an officer of the Town, the L',ayor
shall have power to require such person to advance
the costs of prosecution. Such sum so advanced to
be refunded only in case of conviction of the
defendant and payment of the costs by such uefendant.
Convictions and Section S. All persons convicted
Sentences.
in said Court shall forthwith pay all fines and
costs aa,sessed against them and in default of
payments thereof may be committed to prison. The
Mayor however, shall have power to prescribe terms
for the payments of any fine or to remit in whole
or in part any fine or penalty. The Mayor shall
have authority to declare any bond in said Court
14
I '
1
1
f�
estreated to the use of the Town.
Finds and 3cnds. Section 6. Ail fines, costs, estreated
bonds or other =neys collected by the :.:a;;or's
Court si:all be paid into the fine and forfeiture fund
of the Town and all costs due the officers of said
Court shall be paid to such officers from said Fine
and Forfeiture fund on warrants as other bills of
the 'Town are paid; the balance remaining shall
be transferred to such other fund as the Town Council
may designate.
Fees. Section 7. Witnesses shall receive
one ($1.00) dollar per day for attendance in Court
and five cents (50) per mile for any witness
attending from outside the Town limits.
Appeals. -:action 8. The procedure in cases of
appeal from the ::ayor's Court shall be by writ of
error as is provided by the laws of the State of
Florida.
:TICLE VI.
S T REETSANDPUBL I C d OAKS
Jurisdiction of section. 1. The Town Council shall
Council.
have exclusive jurisdiction over the care, super-
vision, control and improvement of streets, alleys,
siaewalks, public grounds, bridges, aqueducts,
draining ditches, public docks and viaducts within
the Town and shall cause them to be kept open, in
repair and free from nuisances. The performance of
such wcrk as shall from time to time be necessary
in connection with the exercise of this authority
shall be performed by such committees of Council
and employes of the Town as shall from time to
15
time be designated by the Town Council in open
session.
Changing streets, Section 2. Whenever it may be deemed
etc.
necessary the Town Council may cause any street, alley
or public highway to be openedt straightened,
diverted, narrowed, widened or vacated.
.,cceptance of Section 3. No street or alley hereafter
Streets.
dedicated to public use by the owner of any land within
the Town shall be deemed a public street or alley or
under the care and control of the Town, unless such
dedication be accepted and confirmed by ordinance
passed for such purpose.
Vacating and action 4. The .Town Council in vacating
Changing names
of Streets. any street or part of a street or changing the
name of any street may include in one ordinance
the change of name or vacation of more than one
street, avenue or alley, but before vacating any
street or part thereof, the Town Council shall first
pass a resolution declaring its intention to do so.
!votive in writing shall 'ue served upon all persons
whose property abuts upon the street or part thereof
affected by the proposed vacation, such notice to be
delivered in person by the Town Pdarshall, or in case
of a non-resident., by registered mail and "In cases
where the residence of the owner is unknown, then
by posting such notice on the premises. Such notice
shall be served 10 days at least uefore the passage
of the ordinance providing for the proposed vacation
by Council. Said notice shall sate the time and
place at which objections shall as iieerd by the
Town Copncil, which such time shall be not less
than five days from the date of such notice.
�16
Plats. Record Jection 5. The Town Clerk shall keep
of, form of,
Acproval, etc. / a book in which shall be pasted or recorded all plats
of land or sub -divisions within the Town of Edgewater,
Florida. Before any such plats shall be effective
the same shall be presented to the Town Council
and shall show t.-ereon all proposed streets or alleys
and lots, and all bridges. Scch plats shall be duly
acknowledged by the owner or owners of the lands
pl_�tted and likewise shall be certified as true and
correct by a civil engineer duly registered under the
Laws of the State of Florida. If such plats shall
be found to be in proper form and according to the
Laws of the State of Florida and in conformity with
the ordinances of the Town of Jdgewater, Florida,
regarding the width of streets and alleys and the
construction of bridges, the same shall be approved
and accepted by the Town Council by proper ordinance
to that effect, which such a}.proval and acceptance
shall constitute a dedication of such streets and
alleys as shall be shown on said platq providing
however, that before any such plat shall be approved
and accepted by the Town Council the owner of the
property so platted shall submit a proper release
of damages to the Town Council and likewise proper
releases of damages from any abutting landowners
whose property shall be affected by such plat.
Vacation of Plats. jection 6. iio plat adopted in
conformity with the provisions of this ordinance
shall be vacated without the consent of the Town
Council of the Town of Edgewater, Florida, by
proper ordinance to that effect. In the event any
such recorded plat shall be vacated such fact shall
17
J
be noted by the 'town Clerk on the recorded plat,
such notation to refer to the ordinance so vacating
such 1:lat and no such vacation shall be effective until
the same shall be duly recorded in the office of
the Clerk of the Circuit Court of Volusia County,
Florida, and until such procedure shall have been
taken by the owner of said lands as is provided by
the laws of the State of Florida for the vacation of
plats.
Paving and Section 7. The Town Council shall
Curbing of
Streets. provide by ordinance for the paving and curbing of
any street or aiiey in the Town and for the cons-
truction of sidewalks thereon and for the construction
of sewers and drains thereon and to assess the cost
thereof against the abutting property owners in the
manner prescribed by the Laws of the State of ,Florida..
Liability of section B. In approving sub -division
Town in Approv-
ing Plats. plats the Town shall not thereby assume any obligation
or expenses of grubbing or paving the streets shown
thereon and all such work must be done by the owners
or developers of such sub -divisions under the
approval of the Town Council or its duly designated
co:imittee.
Width of Section 9. All streets si:all be not
Streets.
less than 50 feet in width, except when they make
connection with streets of narrower width or otherwise
authorized by Cbuncii by proper ordinance.
ARTICLE VII.
O R D I N A N C E S
18
J
Passage. Section 1. Every ordinance shall be
in writing, and u;.on being introduced shall be read
entire, and, if ar majority vote shall so order,
shall be passed for the first time, and may be
referred to the. Committee on Crdinances, who shall
examine it and report whether it is within the
scope of the powers conferred upon the Town. At any
subsequent regular or adjourned meeting the
ordinance may be called up by any member, whereupon
it shall be again read entire and may then, by a
majority vote be finally passed, whereupon it shall
be signed by the 2Cayor and members of the Council
and attested by the Clerk. No ordinance shall
become a law without having been read and passed
at two separate meetings as herein required;
provided however, that by unanimous consent,
ordinances may be passed upon their first and final
readings at one meeting of the Council.
vote on same.
Section
2. The vote upon
the questioh
Veto.
of the passage of an
ordinance, whether
upon the
first or second reading, shall be taken by "Yeas"
and"Kaye", and shall be recorded by the Clerk in
the proceedings of the meeting. ns soon as
practicable after the final passage of an ordinance
by the Council, the Clerk shall certify the same
to the 'Iayor, who, if he approve the same, shall
sign and return it to the Clerk. If the L:ayor does
not a;;prove the Ordinance, he shall return the same
to the Council not later than its next regular
meeting, jiving his reason in writing for not
approving the same. The ordinance so disapproved by the
Mayor shall be z;gain put before the Council for a
vote, and if' two thirds of the members of the Council
19
vote for its re -passage, it shall become effective as
an ordinance, the Mayor's disapproval to the contrary
notwithstanding; provided, that if the Payor takes
no action and fails to return any ordinance not
later than the next regular meeting of the Council,
such ordinance shall 'become a law without his
approval.
Posting. Section 3. revery ordinance shall,
before beradng, a law, be posted at the Town hall,
or at such other building used as the meting place
by the Town Council, and at three public places in
said Town of Edgewater, and shall become effective
two days after becoming a Law, unless otherwise
provided in the ordinance. If the Council deem it
necessary, any ordinance before becoming eff-ctive
may be published once in a newspaper of general
circulation in Volusia County, Florida, andshall
likewise be posted at the Town Fall and at three
public places in said Town as above required.
Recording. "ection 4. The aerk shall record
every ordinance that shall become a law, in a book
kept for that purpose, and shall impress the seal
of the Town thereon, which record shall show the
dates of the passage and the approval by the l;ayor,
and if any ordinance shall become a law without the
I,:ayor's a,proval, the Clerk shall so certify on
the record.
Certificate Section 5. The Clerk shall post
all ordinances, and when he shall record any
ordinance he shall enter upon the record immediately
following such ordinance, the following certificate.
20
which shall be signed by him%
I, Town Clerk of the Town of
3dgewater, hereby certify that on the _day of
A. D. 19_, I posted four copies of
the foregoing ordinance at the Town Fall and at
three Public places in the Town of ddgewater.
Dated at Edgewater, Florida, this _ day
of A. D. 19_
Town Clerk.
When the Clerk shall record any ordinance required
by the Council to be published in a newspaper, in
addition to ilia certificate of posting the same,
given above, he shall enter upon or attach to the
record, ir.;mediately following such ordinance, an
affidavit substantially in the following form:
STATE OF FLORIDA
COIINTY OF VCLUSIA.
being duly sworn, says that he
is the publisher of the , a newspaper
published in said County and State, and that the
foregoing ordinance was published once in said
newspaper, a+hich date of publication visa on the
day of A. D.
sworn to and subscribed to before me this
day of A. D. 19_
Such affidavit shall be subscribed on the
record by the publisher of such paper, and may be
taken before any officer authorized to administer
oaths.
ARTICLE VIII.
R E G I S T a A 'T I O N S
21
Registration Section 1. The Town Clerk shall be
of Electors.
the Registration Officer of the Town, and shall
keep a book in which shall be entered the names
of all qualified voters who shall in person make
application for registration. '
Time of
Registration. Section 2. The Clerk:.shall keep
the registration book open for the registration
of voters on each day during the hours he is at
the Town Office up to six o'clock Y. 11. of the
Saturday immediately preceding the 7th day prior
to any general or special election, at which time
it shall be closed.
Re-_egistrationt ,ection 3. The Town Council may by
ordinance at any time provide for the re -registration
of all of the qualified electors in said Town. The
registration book as now exists shall continue to
be the official list of the registered voters until
such time as a re -registration shall be ordered
by the Town Council.
qualification Section 4. Every person entitled to
of Electors.
vote in general State elections according to the
laws of the State of Florida, who is or will be
twenty-one years of age, and will have resided in
the State of Florida for twelve months and within
the corporate limits of the Town of Rdoewater for
six months last prior to any Town election, for
which such registration book is open, shall be
entitled to register. Nothing herein diall be
construed to require State and County registration
as a pre -requisite to registration in the town.
22
i
1
Oath of Section 5. Every person applying
Elector.
for registration shall take and subscribe to the
following oath, which may be administered by the
registration officer, to -wits
"I do solemnly swear
(or affirm) that I will protect and defend the
Constitution of the United States and of the
State of Florida, that I have been a resident of
the State of Florida for twelve months; that I am
twenty-one years of age, or will be prior to the
day of election to be held on the day of
__A. D. , and prior to said day of
election I will have been a resident of the 'Town
of Edgewater for six months, and am otherwise q
qualified to vote under the Constitution and Laws
of the State of Florida, so help me God."
Revision of section 6. That it shall be the
Registration
list. duty of the Town Council at their first regular
meeting in September of each and every yer to
revise the registration book and cause to be
stricken therefrom the names of such persons as
are known or shall be known to the satisaction
of the Council to be deceased, to have ceased to
reside in the Town of Edewater, or to be otherwise
disqualified, and a list of these names so striken
shall, before the time for opening the registration
book for the next election thereafter, be posted
at three (3) public places in the 'Town of ddgewater,
Lsia County, Florida, one of which places shall,
.he door of the V. I. A. Hall, also known as the
i Hall, or may be published in a newspaper in
County of Volusia and State of r'lorida on or
'ore the first day of October of each year.
23
C
Restoration of jection 7. If any person whose name
Names.
has been improperly stricken from the registration
book shall appear before the registration officer
at any time when he shall have the registration
book open and shall take the oath required of
persons desiring to registers his name shall be
restored to the registration book.
Right to vote. . :section S. Only registered voters
shall be entitled and permitted to vote at any
Town election.
Poll Tax. Section 9. The payment of poll
taxes as a pre -requisite to the right to vote in
Town elections be and the same is hereby abolished.
Registration List section 10. At each general or
at Elections.
special election the Clerk shall furnish the Judges
of Election with the registration book, or a
certified copy thereof$ for the care and custody of
which the Judges receiving the same shall be res-
ponsible, and shall return the same to the Clerk
at the close of the election.
Refusal to :section 11. If the registration
Register.
officer shall willfully refuse to register any
person qualified to register under the provisions
of this ordinance, he shall be punished by a fine
not exceeding twenty -figs ($25.00) dollars, or by
imprisonment not exceeding ten (10) days.
A3TICLE IX.
E L E C T I O N S
Calling of Section 1. That all annual and
Elections.
special elections shall be called by the Town
Council. Such elections shall be called by 24
;posting notice thereof in three different public
places in acid Town, one of which shall be at the
front door of the Town Hall of said of said Town,
otherwise known as the V. 1. A. Hall, at least
fifteen (15) days F.rior to the date set for such
election. Proof of the posting of such three i,
notices shall be made by the certificate of the
Clerk of the Town of &d�;ewaterj Florida. -
Time of Same. Section 2. The elections for officers
Place of Same.
of the Town Council shall be non -partisan and all
such elections shall be held on the first Tuesday
after the first .�:onday in tvovember of each year.
At the meeting calling the annual election the
Town Council shall specify ig the resolution
calling such election the date thereof. All Town
elections shall be held at the Town Hall unless
otherwise ordered by resolution or ordinance of the
Town. Special elections may be called at any time
the same shall be deemed necessary by the Town
Council, except that special elections to fill a
vacancy or vacancies in the offices of the Town
Council or Town Clerk shall be called at the next
regular meeting of the Town Council after such
vacancy or vacancies shall have occurred. All
special elections shall be governed by the provisions
of the Laws of the State of Florida pertaining to
municipal elections.
Election Soard. Section 3. That the Town Council
shall appoint four persons from the qualified electors
of said Town7 three to act as inspectors and one
to act as Clerk at said election, who shall conduct
25
i
all elections in conformity with the laws of the
State of Florida, governing general elections in
said State, provided that such Inspectors and
Clerk of such election shall in the performance of
their duties be at all time subject to the super-
vision of the Town Council.
Canvassers. jection 4. That the Inspectors and
• Clerk of the election shall constitute the Board
of Canvassers.
Ballots. Section 5. That all ballots for use
in annual and special elections shall be in sub-
stantially the same form as that prescribed by law
for general elections intheState of Florida.
Form of Ballots. Section 6. That the Town Council
shall cause to be printed upon said ballots the
name of any qualified elector of said Town who has
been requested to be a candidate for any municipal
o:fice by written petition signed by at least
twenty-five (25) electors qualified to vote in the
election to fill said office, when such petition
has been filed with said Town Council not more
than sixty (60) days nor less than twenty (20)
days previous to the election; provided that the
name of no person shall be printed on the ballot
who shall not less than twenty (20) days before the
election notify the Town Council in writing Ack-
nowledged before an officer authorized by law to
take acknowledgments that he will not accept the
nomination specified in said petition.
General State section 7. As to all matters not
Laws.
herein otherwise provided the Lams of the ata£e
of Florida governing general elections and
26
municipal elections shall apply to all Town
Elections of the Town of Edgewater, Florida.
.,RTICLE X. 014"a'ge a �/,,• �
9V
F I RE DE PART ME Id T
Creation :eotion 1. That a volunteer fire
department of the Town of Edgewater, Florida, is
hereby created.
Personnel.
Section 2. That the fire department
of the Town of Edgewater, Florida, shall consist oft
Chief Powers of.
A. A Fire Chief of
the Fire Department who shall have full charge
of the fires, Fire Department, and all fire
equipment owned by said Town, and said Fire Chief
shall be appointed by the Town muncil and shall
hold office at their pleasure.
Assistant Chief.
B. An Assistant Fire
Powers of.
Chief who shall, in the absence of the Chief
and until the Chief shall arrive at a fire, act
as Chief of the Fire Department, whose power
and authority shall at all times be subordinate
to t;iat of the Fire Chief; said Assistant Fire
Chief to be appointed by the Town Council and
shall 'cold office at its pleasure.
Firemen.
C. Twelve (12) volunteer
Selection of.
firemen or callmen who shall be selected by the
Fire Chief subject to the approval of the Town
Council of the Town of Edgewater, and who shall
hold membership as members of the Volunteer Fire
Department subject to the pleasure of the Town
Duties.
Council, and whose duty it shall be to respond to
every fire, alarm of fire, and to every call for
27
the fire drill or practice; as volunteer firemen
they shall at each and every alarm of fire or
call to drill or practice. immediately report
to the Fire Chief, if he be present, and in his
absence to the Assistant Fire Chief; the Fire
Chief, or in his absence the Acsist,.nt Fire
Chief, is hereby granted theauthority to select
the personnel and nmber of volunteer firemen
who re_.ort for each fire, fire drill or
practice that are actually used in said fire,
fire drill or practice and only those volunteer
firemen selected by the Chief or Assistant
Chief to actually serve in the extinguishment of
any fire or to take part in any fire drill or
practice shall receive the compensation here-
inafter provided for.
Compensation. Section 3. '.'hat the Chief, AssistanA
Chief ande.ach Volunteer Fireman or callman who is
actually selected by the Fire Chief or the Assistant
;ire Chief in the absence of the: Chief to participate
in the extinguishment of any fire or to take part
in any fire drill or ractice shall receive as
compensation therefore the sum of One ($1.00) dollar
for each such actual fire cnll or i'ire drill or
practice in :;:.ich the said Volunteer Fireman or
Callman, if selected by the Fire Chief or assistant
c'ire Chief, may take.
Fire Drill. Section 4. Fire drill for the Fire
Department shall be called by the order of the Fire
Chief only, "out no one volunteer fireman or callman
s;:all be called or paid for a fire drill or practice
more often than once in two weeks.
Rules and
Regulations.
Section 5. That the Fire Department
0
♦1
1
A
of the Town of Edgewater, Florida, may adopt such
rules and regulations for the government of said
Fire Department as may be deemed for the best interest
of said Fire Department, subject however, to the
aiproval of the Town Council; the said Fire Depart-
ment shall from time to time meet and make such
recommendations to the said Town Council with
regard to the betterment of said Fire Department
and fire protection of the Town of Ed;ewater, as
they deem necessary.
Section 6. That in the event of any
Right of Way
for Firemen. alarm of fire or fire drill or practice being given
that the apparatus of the fire department shall be
liven the ri;;ht of way in and w_:on the streets,
-lanes, alleys, squares and railroad crossings in
going to any fire ¢_,on such streets, lanes, alleys,
squares and railroad crossings, and it shall be
unlawful for any person to obstruct or neglect or
refuse to make way for any such apparatus being
thus in or u;.on any of said streets, lanes, alleys,
squares or railroad crossings.
Driving through section 7. It shall be unlawful for
Streets in cases
of Fire. any person or persons whomsoever to ride or drive
a vehicle through any part or section of a street
or lane blocked off as provided in Section 9 here-
of, or in w.Lich the fire department is assembled
for the purpose of extinguishing a fire, and should
any person or persons attempt. to ride or drive a
vehicle through the streets and lanes in which the
fire department is assembled for the purpose afore-
said, he or they shall be liable to arrest.
Presence in Section 8. That no person or persons,
Safety Zones.
except firemen, police, owners of perperty, their
agents or a-ents of insurance companies small be
29
allowed within the limits of any safety zone that.
may be established by the fire department at any
time without being ordered thereby by the officer
in command of the fire department.
Police Powers. Section 9. That all members of the
fire department of said 'Town are vested with the
power of a police oi.ficer of the Town tO the extent
that they may while in the actual discharge of
their duties at any fire or while going to the same
may order such tr::ffic as may be necessary halted,
may block such streets, highways or lands as necessary
to the proper conduct of their duties and may eniorde
the rules and regulations and provisions of jection
6, 7 and S of this Ordinance.
Violations and Section 10. That any person or persons
Penalties.
violating any of the provisions of election 6, 7 or
8 of this article shall be liable to arrestby any
police of the said iown or by any authorized member
of the Fire Department and on conviction by the
Municipal Court of the said Town shall be subject to
a fine not to exceed one hundred ($1CO.00) dollars
or to imprisonment in the Town jail not to exceed
thirty (30) days or by both fine and imprisonment.
ARTICLE XI.
D U I L D I Tel G S.
Permits. dection.l. That from and after the
date of this Ordinance any person or persons, firm
or corporation seeking to erect or repair a building
of any ttha`aeter within the corporate limits of
the 'Town of Edgewater, Florida) shall prior to such
construction or repair apply for a permit to con-
struct such building or a permit to repair such
building provided the cost or value of such
Cl
Applicationfor.
Contents of.
Fee.
Permits for :oat
and Fish louses.
Fishing "oats
and other'raft.
building or repairs shall be Fifty ($50.00) dollars
or more;
that application shall be made in writing addressed
to and delivered to the Town Clerk. Such application
shall describe ,fully the building or structure to
be erected or to be added to, required or removed;
and, if approved by said Town Clerk, said Town Clerk
shall issue a permit therefor in such form as may be
prescribed by him. Such permit when issued shall be
recorded by the Town Clerk in a book to be kept for
that purpose and the original issued to the applicant.
For such building permit a fee of fifty cents (500)
shall be charged.
Section 2. That no boat house, fish
house or other b-ilding or buildings of any
description shall be erected on the river front or
along the Strand between the road and river within
the corporate limits of the Town of Edgewater, Florida,
unless a proper permit has been issued by the 'Town
Council of Edewater, Florida.
Section 3. That no house boat, fish
boat, or cre.ft, of a:1y kind w}:ich shall be objection-
a -lie to the citizens of the said Town shall be
anchored or otherwise stationed anywhere along the
said water font within the corporate -iiuits of the
as ^own of <;d.:w t er, r'lorida, without a permit
from the porperty owner, and not then if the said Town
Council shall deem such a craft or boat objectionable.
ARTICLE XII.
POLICE RE GULAT IONS
Penalty. .Section 1. If any person shall be
-1:ilty of disturbing the }public peace and morals and
good order and government of the Town of Ed_ewater,
J
31
by commiitting any of the acts hereinafter prohibited
within the cor_orate lin;its of the ',.'own of Ld-ewater,
he or sl-e, shall u,on the conviction thereof, before
the kiaycrh Court, be fined not more than One
hundred (w100.00) dollars or imprisoned not more
than sixty clays, except as hereinafter otl.erwise
provided.
Assault and Section 2. _;ny person convicted of a
Bcttery.
assault and batter 1\u_on any of the streets, si,-ares
or ot:ner public plz:ce or places of resort
within the town limits of :he Town of _d_ewater,
or within any dwelling or other private place wl.en
such assault or assault and Jittery therein coiamitted
shall tend to disturb any eroon or pa: sons residing
in or ti,en being in the vicinity of Bach private
house, or bailding, shall be punished as ;. rovided in
election 1.
Petty Larceny. action 3. .1hoever within the li.r.its
of the Town of 3dgewater, 21oriaa, shall be guilty
of petty 'larceny, with or without violence, to
another peroon wl.ere the value of the property
ta''cen sh„il not be more than Ten dollars, sh:,ll be
liable by a f_ne not exceeding Fifty Dollars and
imprisonment not exceeding tliirty days. In staging
the o�fense in the complaint, it shall be sufficient
to designate the same as "Petty Larceny contrary to
Section 3, .,rticle :lit of Ordinance No. 75 of the
:own of Sd,�ewater, Florida.°
Xa24@ious Section 4. vihoever witi.in tl:e lain
"11SAehief. -
�'�.` limits of the Town of „doewater, Florida small :,e
guilty of malicious mishhief, when the injury to
public or private property shall not exceed twenty
` ($20.00) dollars, in actual dama es, sh._;11 Je
i
liable to the fine and imprisonment of Sectioa 1 _S 7 a
� f`
of this article.
Disturbing
Public Meet- - Section 5. 'Whoever shall disturb any public moor-
ings, etc. -
ship or public meeting, secular or religious, or disturb
the occupants of any hotel, or private residence, or wil-
fully and maliciously interfere with the privacy or com-
fort of the persons then in such place, shall be subject
to a fine according to Section 1 of this Article.
False Pre- Section 6. Whoever shall obtain money or prop -
tense.
erty within the Town limits of the Town of Edgewater, under
any pretension of religious or charitable object or fraud-
ulently obtain credit at any store by false representations
or fraudulent promise of payment shall be liable to the
same punishment as }rodided in Section 1 of this Article.
Conspiracy to Section 7. ':!here two or more persons shall band
Violate Town
Ordinances. together or mutually conspire to set at naught one or more
ordinances of the Town of Ldgewater, or unite to break the
same, or resist their enforcement, all shall be liable upon
conviction to be fined as provided in Section 1 of this Article.
Disturbing X Section 8. Any person convicted of injuring or
the Peace and
Disorderly Con- disturbing the public peace, or using any abusive, obscene
duct.
or profane language, or making any threats of violence to
anyone, or being drunk, or being noisy and disorderly in
or, apon any street, square or other publicplacewithin
the Town limits of 3dgewater, or by racing or otherwise
driving or riding in a furious manner on any street of the
Town of Edgewater any horse or horses or fast driving of
any automobile or automobiles, or kehicles, or any other
machine propelled by gaabline, or driving the same faster
than herein provided in Section 11 of this Article, or
by carrying any arms, such as pistols, knives, (except
pocket knives), sword canes, razors or any
33
other deadly .weapon, concealed about his person, or
by making any indecent exposure of his or her person
in any street, square or public place or by discharg-
ing any gun or pistol or other fire arms or dangerous
use of sling shots within the town limits, except
in the protection of life or property, or by throwing
stones or other missiles endangering person or persons
or property, or lc�eping a disorderly house or by
any noisy or riotous conduct to the disturbance of
the public tranquility shall be punished as provided
by Section 1, of this :,rticle.
Disorderly Section 9. No person shall endanger
Conduct.
or disturb the public peace or use any abusive,
obscene or profane language in violation of public
decency, or make any threats of violence to or
u-;cinst any other person or persons, or be drunk, or
\ by noisy and disorderly in or upon any street or
other public place within the town limits, or race
or otherwise drive or ride in a furious manner
any horse, or horses or cattle or any animal or
animals or vehicles or carry any arms, such as
pistols, knives (except pocket knives), sword canes,
razors, or any other deadly weapons concealed about
their person, or make any indecent exposure of his or
l.er person in any street or public place, or discharge
any ;;un or pistol or other firearms, except in the
protection of life or property, or endanger any
person or property by the reckless and dangerous
use of sling shots or throwing stones or other
missiles within the town limits, or keeping a
disorderly house, or by any noise or riotous conduct
disturb the public tranquility.
Obstructing Section 10.110 person shall obstruct the
Streets.
Dumping Refuse, streets or public ways, nor shall they dump refuse,
etc.
litter, offal, filth or juuk,thereon or therein, in .
the Town of Bd ewater, Florida.
.,peed of-P,otor Section 11. :hat it small be unlawful
-vehicles.
for any motor vehicle to be operated on thepublic
thoroughfares within the corporate limits of the
�. :own of Edgewater, Florida, at a speed in excess of
twenty-five (25) miles per hour in the residential
section and a speed. in excess of fifteen (15)- miles
r\y� .per hour in the business section;for the .purposes `
of this section, the business section of the Town
of Edgewater, Florida is hereby defined to be that
portion of Ridgewood :wenue,known as the Dixie
ilighway Florida Route 4, beginning at the inter-
section of said tidl,ewood avenue with WjlkX4gQn_
Street and terminating at the intersection of said
:eidgewood :venue with fine 81nff Street,, and
the residential section is hereby defined to be
and include all of the other streets, avenues and
public thorou-hfares of said Town.
-:�:eckleae Driving. section 12. lio person shall operate
a motor ve:Acle on t.Le public highways of the Town
of Ld,�ew•ater) Florida,recklessly, or at a rate of
speed greeter than reasonable and proper, having
regard to the width, traffic and use of the high-
ways so as to endanger the property or life orlimb
of any person. If the rate of speed of a motor
vehicleoperated on a.public highway of the Town
of Ek ewater exceeds the speed limit set forth
in Section 11 of this article for a dist<ince of
one-half of a mile, such rate of speed shall be
prima facie evidence that the person operating
such rotor vehicle is operating the same at a
r
rsite of speed greater than is reasonable and proper
and in violation of the provisions of this Section.
Blocking Fire Section 13. It shall be unlawful for
equipment, Am-
bulances, etc, any o,,erator of any motor vehicle, carriage, buggy
on Public Streets.
or wagon, or any person or persons to 'clock, con,est
or in any way interfere with progress of any fire
fioht.ing equipment, such as fire trucks, hook and
ladder yrucks, and or any ambulances, police care
or any other so-called er..ergency equipment, or in
any wise hinder or delay such emergency equipment ,
upon any and all of the streets and hi�hwzys of
the mown of Edgewater.
Right of Way of Section 14. That all fire fighting
Fire Equipment,
Ambulances, etc. equipment, motorized or otherwise and all ambulances
and all police cars and all hearses stall be given
the right-of-way upon the streets and hithways
within the corporate limits of the Town of Edgewater.
Nuisances. Section 15. It shall be unlawful for
any person or persons, partnership, co -partnership,
a::sociation or incorporation to manage, operate,
maintain, conduct or carry on any trade, procession,
basiness and or occupation, or permit any building
or structure or any other matter or thing which
shall be a public nuisance or which shall endanger
the public health and safety, or materially inter-
fere with the public comfort within the corporate
limits of the Town of Edgewater, Volusia County,
Florida.
Definition of Section 16. The term "public nuisance"
Nuisances.
as used in Section 15, of this Article, shall be
construed to mean anything which annoys or Lives
trouble or vexation and wl ch is offensive or
noxious and ! ich is offensive or noxious, or
dives inconvenience to the community, and �,,j.:ich
infringes upon the rights of the citizens of this
community.
Passing School Section 17. That every person using,
Bus.
operating or driving a motor vehicle upon or over the
roads, streets or highways in the Town of Edgewater,
Florida, upon approaching any school bus or other
motor vehicle used in transporting school children
1 to 'end from school, while such bus or other motor
rvh `� is stopped and en;uLed in taking on or discharging
such school children therefrom, upon "he roads,
streets or highways in the Town of Ed,ewater, Florida,
be and they are hereby x•e;uired to 'bring such motor
vei:icle to a full stop before passing such school
bus or motor vehicle, provided such school 'bus or
motor vehicle used in transporting school children
is Marked for identific,:.tion as provided in Section
18 of this Aeticle.
dchool Buses to Section 18. That all motor vehicles
be !harked.
used in transporting school children to and from
school over the roads, streets and highways in the
\ Town of-Sd,-et;acer, Florida, be and they are hereby
4\� required to be distinctly marked "School Bus" on
both 9ront, rear and sides thereof, in letters of
`;�} not less than five inches in length and so plainly
0 written or printed and so arranged,as to be legible
to persons approaching such school bus whether
traveling in the same or opposit direction, and
that such school b6us driver be required to stop
such school bus on the right hand side of such .c,,d�
:37
street or highway as close to ti:e curb or edge
of the road as is practical.
Spot -Lights. Section 19. It shall be unlawful
for anyone to operate any motor vehicle, or buggy
or other conveyance on the streets of Edbewater
with a lighted spot li--ht or moveable light between
sun -down and sunrise.
Driving while Section 20. That it shall be unlawful
Intoxicated.
for any person, wl-.ile in an intoxicated condition
or under the influence of intoxicating liquors to
such an extent as to deprive him of full possession
of his normal faculties, to drive or operate over
the. streets or hi,;hways of the Town of Edgewater,
Florida, any automobile, truck, or vehicle or motor-
cycle, or any other vehicle propelled by Gasoline,
gas vapor, electricity, steam or other power.
_iesisting an Section 21-A. WO one shall knowingly
Cfficer, by
Violence. and willfully resist, obstruct or oppose any tarshall,
Deputy Larsy.all or other person legally authorized to
Penalty.
L
g an
writh-
ence.
execute process by the Town of :]d_ew4ter, Florida,
in the execution of legal process or in the execution
of any legal duty imposed upon such :Tarshall, Deputy
or other person by offering or doing violence to the
person of such officer or legally authorized person.
Section 21-B. Anyone viola`oin- the
provisions of section. 21rA. of this ;*rticla shall be
punished by a fine not exceeding Fifty ($50.00)dollars
dollars or by imprisonment not exceeding sixty (60)
days, or both as the L'ayor may determine.
.;action 21-C. Whoever shall obstruct
or oppose any officer of the Town of Ed"ewater, Florida
or any other person legally authorized to execute
M
process by the Town of Edgewater in the execution of paid legal process or in the lawful execution of
any legal duty imposed upon such officer or legally
authorized p-=rson, without offering or doin,; violence
to the person of the said officer or legally
authorized person, shall be punished by a fine not
exceeding Twenty-five ($25.00) dollars or by im-
prisonment not exceeding ti:irty (30) days, or both
as the :.:ayor may determine.
Refusal to Section 21-D. Whoever refuses or
Assist an
Officer. neglects to render the said L:arshall, deputy L;arshall
or other legally authorized person all assistance
in the execution of -aid process or in the perfor-
mance of said duty, when called on, not being
physically incompetent, shall be onnished by fine
not exceeding ten ($10.00) dollars or by imprison-
ment not exceeding ten (10) days, or both, as the
'aayor may determine.
Disposal of Section 22. That nay person or
Filth.
persons who shall be found guilty of throwing or
causing to be thrown any dead animal matter, or
filth of any kind into any of the eater courses,
or vacant. lots within the corporate limits of the
said Town of Edgewater, Florida, without the
permission from the a•:ner or owners of said vacant
lots, or permission from the L:ayor and Council,
shall be liable to a fine not exceeding fifty
($50.00) dollars, or by imprisonment not exceeding
ten (10) days, or both, as the ;Layor may determine.
Bicycle Lights. Section 23. Every bicycle operated
or driven upc# the streets of the Town of Edgewater,
Florida, shall during the period from one half hour
after sunset to one half hour before sunrise
39
display at least one lighted.lamp thereon. Any
violation of this section shall be punished by a fine
not exceeding ten ($10.00 ) dollars or by imprison-
ment not exceeding five (5) days, or both, as the Kayor
may determine.
dRTICLE XIII.
D R I V E R' 3 L I C E N S E S
License aequired. erection 1. That each and every driver
of any motor vehicle operating on the streets Of the
Town of Edgewater, Florida, who shall be classified with-
in the hea,einafter set forth classifications of persons
who operate motor vehcles on the streets of the Town
of Edgewater, Florida, shall obtain, hold and own a
drivers license.
Issuance of, erection 2. That said driver's license
and Fee for
same. shall be issued by the Town Clerk on application of
the driver seeking the same and said Clerk shall
be paid by each and every perosn applying for such
driver's license in the Town of Edgewater the amount
of $1.00; providing however that no tee shall be
payable where another fee or fees are paid to the
Town in the amount of $1.00 or more wrich pertain to
the operation of motor vehicles over the streets of
the Town of Edgewater,. Florida.
Car to be section 3. That before issuing any
Registered. _
driver's license the Town Clerk through the iolice
Depart:::ent may require the applicant to register
the motor vehicle he owns or intends to drive with
the Police Department of the Town of Fdgewa.,er, if
the same has not previously been registered, and
Lus
i
to comply with any and all kinds of ordinances of the
•own relative to the use of its streets, and the police
-ay .require
Department may require an examination to be Laken to
stgamination.
determine the qualifications of such applicant to
operate a motor vehicle on the streets of the gown
of �agewater, riorida.
(juallrieation
oection 4. No such driver s license
of ..river.
shall be issued to any person who is under the age of
15 years, or who fails to csmonstrate to the satis-
faction of the .olive Department of the mown of
"dgewater, rlorlda, his ability to drive the vehicle
propesea to be operated by him, together with his
ramiliarity of the yaws of the State of rlorida and the
ordinances and police regulations of the rown govern-
ing the use of the .own btreets and traffic thereon,
or who shall fail to pass such examination as to
his qualifications as the .olive Department may
require.
Dnlicensed
"river rro-
oection b. net from after the effective
nibited.
date or this ordinance no person shall engage in the
driving of an automobile, truck motorcycle, or other
motor vehicle upon the streets of the +own of
magewater, rlorida, if such person is within the
classifications Of persons hereinafter set forth in
this ordinance, without having first paid for and
received the driver s license hereby required.
gicense .erioa.
uectlbn 6. Driver a licenses shall be
issued annually for the period ending January let
in each year,, every resident of the +own or magewater
ono east naae
who drives an automobile, truck, motorcycle or other
—1cense.
motor vehicle or conveyance over and upon the streets
of the •own of magewater, and anyone who conducts a
business, practices a profession, or is in anywise
employed within the Town limits of the Town of
Edgewater, who drives an automobile, truck, motorcycle,
or other motor vehicle or conveyance over and ulon the
streets of the Town of Edgewater, and every person
who drives an automobile, truck, motorcycle or other
motor Vehicle or conveyance on ninety (90) days or
more of any ysar over and upon the streets of the
Town of Lagewater, Florida, shall be required to ob-
tain such driver's license and to pay the lice -se fee
p.•ovided herein. L'o license shall be required of any
non-resident who holds a driver's license issued by
any other State, County or Municipality. Jo license
shall be required of any bona -fide non-resident of
the State of Florida residing in the'Town of Edgewater
for a period of less than ,six months. In the event
Loss of Certificate the holder should lose said drivers certificate license
of License.
onapplication-ads, the Town Clerk shall issue a dup-
licate thereof on satisfactory proof being made of the
loss or destruction thereof, together with the pay-
ment of a fee of twenty-five cents for such duplicate
license.
Display of Section 7. The driver of said automobile
License.
vehicle herein specified shall be required to keep said
driver's license on his person or in the vehicle which
he is driving to be produced for inspection at any
time while iperating said vehicle, upon request of
any oliceman or other official of said Town.
Revocation of erection S. Any driver's license loaned
License.
to another or released from the possession of the
holder thereof whereby the purpose of this article :night
be avoided or de'-eated shall be subject to immediate
revocation by the officer or official inspecting the
M
1
Suspension of
License.
Inspection of
Car.
same, and where said license is not in possession
of the licenseenamed therin, the same shall betaken by
the officer and delivered to the Town Clerk of said
-own and marked cancelled.
Section 9. That the driver's license
issued to any gpplicant may be suspended for a period
of thirty (30) days by the 6layor's Court of the Town
of Edgewater on conviction of any licensed driver,
in. or before the L'ayor's Court of said Town, of a
violation of any of the provisions of this Article
or police regulations governing traffic or the use
of the Town's streets.
:section 10. That before any driver's
License shall be issued under the provisions of this
Article, the applicant for such license shall first
have his or her motor vehicle ins,)ected by a duly
qualified garage located within a radius of three
(3) miles from the Town of Edgew,ter, Florida.3uch
inspection to cover lights, horn and brakes, and
shall file with his or her application a certificate
from such garage, that said lights, horn and brakes
as,e in a satisfactory condition. Such inspection
however shall be made only by such garage as shah_
have a.7reed with the Town of Edgewater to make such
inspection free of charge.
Penalty. oection 11. Any person who shall violate
any of the provisions of this article shall upon
conviction of such violation be punished by a fine of
not exceeding $50.00 or by imprisonment not exceeding
thirty (30) days, or both, in the discretion of the
Judge of the Mayor's Court.
43
..BTICL& XIV.
N U I 3 A N C S S
Definition.
oection 1. That the accumulation of
pools of stagnant water, or water which is likely
to become stagnant, on any lands lying within the
corporate boundaries of the Town of Edgewater, Florida,
shall be and constitute a public nuisance in said
Town; that any accumulation of trash, filth or other
matter, on or within the lands in said Town of
Edgewater, and the streets adjacent thereto which
may cause disease or affect the health of said ."own,
and all extra growth of weeds or other noxious plants
upon the same, be and the same are hereby declared to
be public nuisances within the said Town.
Section 2. Where any of the conditions
Notice to Abate
Nuisance.
enumerated in section 1, hereof exist or may be
threatened to exist, the Town Council shall immediately
notify the owner or owners of the said land upon w:iich
said conditions exist, to abate said nuisance within
ten days from the date of such notice, and if said
Abatement of
owner or oviners of such property fail to remove
Same.
such conditions within said ten (10) days period,
then said Town Council shall direct the Town Marshall
to proceed immediately to abate said nuisance, and
the !,:arshall shall forthwith abate the same.
?.otice of Cost
Section 3. When the said Marshall shall
of Abatement.
have completed the work of abating such nuisances he
shall report to the Town Clerk the cost of the work
done and performed by him upon said lands whereupon
the said Town Clerk shall forthwith notify the owner
. or owners of said lands in writing of the costs of said
work, and require the said a.,ner or owners to pay
the same within ten days from the date of said notice.
EI
Lien for cost Section 4. In case the owner or
of Abatement.
owners shall fail to pay the costs of said abate-
ment, the Town Clerk shall then proceed to file
a notice of Lien against the said lands in the following
manner: :?e shall prepare in triplic-te, a notice
signed by the Sdayor-Councilman of said Town, bearing
the seal of said 'own Attested by the Town Clerk
in the following forms
Form of Lien. "I;otice of Lien''
To
You are hereby notified that the Town
of Edgewater, Florida, has and holds a Lien a,;ainst
the following described property, located in the
Town of Edgewater, Volusia County, Florida, To -wits
SAID LIEA IS CL::L'._:D LUZ 7C3E: JCi,E A_:D P3315C.i`i3D
on said property in the abatement of nuisances
thereon, and which said workwas done and peri'or:ed
on the _day of _19_. Following is an item-
ized statement of the sums for which said lien is
Claimed:
Coat of Abatement of Nuisance $
Cost of ecordin;r Lien in Circ..it
Court._
dotal amount of Lien $
ATTE STs
•+:ayor-C. -ancilman.
'Down Clerk.
M
Filing and
One copy of said Notice of Lien shall be fled in
Recording.
the office of the Clerk of the Circuit Court of
Volusia County, Floridan and one copy shall be
filed in a well bound book, to be provided by the
Town Council of said Town, to be designated "Lien
Book", and another shall be served on the owner
or owners of said lands in the manner hereinafter
provided. Said Notice shall be filed within six
months from the date when said work was done and
performed.
Service of
:section 5. Said notice to Abate said
Notice.
nuisance and said l;otice of Lien shall be directed
to the owner or owners of said lands as his or her
names appear on the last preceding assessment roll
of the said Town of Edgewater, Florida, and shall be
served by mailing the same to the last known Yost
Office address of said owner or owners. In the event
the owner or owners of said lands are unknown, then
the copy of said _iotices shall be posted in a
conspicuous place on the lands upon which
said nuisances exist.
Animals running
Section 6. It shall be unlawful
at Large.
for any person to surfer to permit his or her horses,
cattle, swine, sheep or goats to run at large with-
in the limits of the 'Town of nd;,ewater, Florida.
Penalty.
:anyone violating the provisions of this Section
shall be punished by a fine not exceeding twenty-five
($25.00) dollars, or by imprisonment not exceeding
thirty (30) days�or both, as the Liayor may determine.
Impounding.
section 7. Sash and every one of said
animals so found running at large shall be deemed a
\
r_
1
public or common nuisance, and it shall be the duty
of the Town 1.1arshall of the Town of ,idgewater, Florida,
either upon his own view, or upon the complaint to
him in writing of any citizen of said Town, to seize
and impound every one of said animals so found
Notice and running at large. ;:nd immediately after impounding
Complaint.
such animal the E.tarshall shall lodge sworn complaint
in the 2ayor's Court of said Town against the owner
of said animal, if such owner shall be known, and
the said aayor shall at once cause notice to be
served on such owner, if known, that such animal
Hearing. has been seized and im;,ounded, and that the owner
will Le accorded a hearing before the said Layor
at a time .fixed, if the said owner shall desire
such hearing. e:nd if at such hearing, the Layor
shall find that such animal was running at large
Judgment. within the limits of said Town, he shall condemn
the same as a public or common nuisance. If the
owner of such animal be not known the t;ayor shall,
upon information that such animal has been im-
pounded, at once proceed against the animal itself
and, if upon hearing, it be found that such animal
was running at iar;;e within the limits of said
Towm, it stall us condemned as a public or common
nuisance.
Sale of
Condemned animal. section 8. If the owner of the animal
condemned shall not, after said hearing, pay the fine
imposed under the provisions of Section 1, hereof,
the Marshall shall at once proceed to ive public
notice by ;posting not less than four written or
printed hand bills in four public places in said
Town, one of which shall be in front of the
1 47
V. I. A. Hall, setting forth the seizure, impounding
of said animal, the description thereof, and that
the animal will be sold at public sale at a time
and place in said Town, which notice shall beosted
four days before the sale, and if before the time
fixed for said s,:.le, the owner of the animal shall
act pay the fine, costs and expenses herein provided,
said animal shall be sold according to said notioe,
Disposal of by said Marshall, who shall retain out of the proceeds
Proceeds.
of the sale the amount of said fine, costs and
expenses and nay the same to the Town Clerk, and
shall then pay the balance remaining if any to the
owi,ar of said animal, if known, and if the owner be
not _.nown, then said balance shall be likewise paid
to said Town Clerk. Said n;oney so paid to the Town
Clerk shall be by him deposited in the Treasury of
said Town.
Fees. jection 9. The person seizing and
impounding said animal shall receive the sum of
one ($1.00) dollar for each and every animal so
seized and impounded; the 1-ayor shall receive the
sum of two dollars ('$2.00) for each information
or notice and condemnation proceeding, and the
Marshall shall receive the sum of two ($2.00)
dollars for ea_.ch advertisement and sale or the sum
of one ($1.00) dollar for each advertisement. without
sale; the person keeping the animal from the time
of its seizure to the time of its sale or redemption
shall receive the sum of twenty-five cents (250) for
each clay or _.art of a day in which said animal is
kept by him; the ♦.:arshall shall likewise receive
fifty cents (500) for serving the notice herein
provided up,.n the owner of said animal. All the above
48
fees shall form the costs above referred to, and
shall be paid by the owner, or retained out of the
proceeds of the sale, and shall after being paid
into the Town Treasury be disbursed upon order
as all other bills against said Town are paid.
Interfering baction 10. If any person shall
with Officer.
interfere with, or shall attempt to interfere with,
any officer endeavoring to seize or impound any
of the above named animals found running at large
within the limits of said Town, or if any person
shall rescue or attempt to rescue such animal after
Penalty. it has been impounded, every such person shall be
liable to a fine of not more than twenty-five ($25.00)
dollars, or imprisonment for not more than thirty
(30) days, or both, as the I..r.yur may determineo
eizure by section 11. It shall be lawful for
private Citizays.
any person other than the �:arshall, to seize and
impound any of the animals above mentioned found
running at large within the limits of the Town
Report to of r',dgewater, provided, however, that the act of so
4arshall.
seizing and impounding the said animal shall ue
reported to the said ILarshall within twelve (12)
hours after the said animal has been so seized by
said person making said seizure, whereu-on the
proceeding shall be had as provided in erection
2, hereof.
Custody pending .section 12. UnAl such time as a
Hearing.
public pound shall be constructed and maintained
by said Town of Edgewater, all animals .seized
under the provisions of this :article may be placed
I y the t:arshall in the care and custody of such
person or persons as he may deem fit, or may be
49
retained in his own custody, pending hearing and
disposal of said animal as.. herein provided, and the
fee of twenty-five cents (250) per day for keeping
said animal as provided in Section 9 hereof shall
be paid to the said Marshall or person so keeping
said animal.
Sanitary Section 13. A sanitary nuisance is
Nuisances.
Definition. hereby declared to be the commission of e.ny act by
an individual, organization or corporation, or
the keeping, maintaining, propagation, existence
or permission of anything by an individual, organ-
ization or corporation by which the life or health
of an individual or the health or lives of in-
dividuals may be threatened or impaired, or by which
or through which, directly or indirectly, disease
may be caused.
Nuisances to Section 14. Nuisances injurious
Health.
Definition, to health are d:cL red to be filth, the contents of
cesspools, offal, garbage, foul water, dye water,
refuse from manufactories, urine, stable manure,
decayed animal mr vegetable matter, or other offensive
substance detrimental to health, thrown, placed or
allowed to remain in or upon any private premises,
street,: avenue, alley,sidewalk, gutter, public
reservation or Open lot within the corporate limits
Penalty. of the Town of Edgewater; and any person who shall
commit, create or maintain any of the nuisances
in this Gection or in Section 13 of this Article
shall be punished by a fine of not less than five
($5.00) dollars, nor more than twenty-five ($25.00)
dollars, or by imprisonment not exceeding thirty
(30) days, or both, as may be determined by the
I^ayor.
50
ARTICLE xv.
C
J A C� L 2 C d N G 3 3.
Licenses V Section 1. That it shall be un-
Required.
lawful for any person, firm, corporation, association
or co -partnership, whether foreign or domestic, to
operate, mairtain., enga:;e in, manage, carry on or
conduct any business, profession, occupation or
calling hereinafter mentioned or generally described,
:without first procuring a town license therefor from
the Town auditor and clerk and having paid the
amount hereinafter provided in the Town of Edgewater,
Volusia County, Florida.
Application Section 2. Thatany person, firm ,
for Linense.
corporation, association or co -partnership desiring
to engage in, manage, carry on or conduct any business,
profession, occupation or calling in the said Town
of &dgewaper shall apply to the Town Auditor and
Clerk of the said Town for a license so to do. The
application for license shall be made on a form
which shall be prescribed_ and furnished by the
Town Clerk and shall set forth the name of the owner,
manager, trustee, lesseep. receiver or other person
desiring such license and the name ofsuchbusiness
or profession, the location, including the street
number of such business or office, and the actual
value of the store of goods, wares, merchandise and
commodities for which sales are to be made, in-
cluding =.11 goods, wares and merchandise and
commodities owned by the applicant and held in storage
to be sold in or through such store or business and
and such other facts as the Town Clerk may require.
Filing fee. Application shall be made under oath and each such
application shn,l1 be accoigpained by a filing fee
of twenty-five cei.ta (250) and by a license fee
as 1_areinafter prescribed in the Article.
Action on election 3. As soon as practicable
Application.
after the receipt of such application the Clerk shall
examine such application to ascertain whether it is
in proper form and cont,;ins the :iecessary, requisite
information. If, upon examination, the Town Clerk
shall find that such application is not in proper
Return of form and does not contain the necessary requisite
Application.
information he shall return such application for
correction. If the application is found to be
satisfactory and if the filing and license fees,
Issuance of as herein prescribed, shall have been paid, the Town
License
Clerk shall deliver to the applicant a license for
such business or profession for which application
for a license shall have been paid. Each licensesshall
Displayofdisplay the license so issued in a conspicuous place
License.
in the business or profession for which such license
is issued.
Term of Section 4. A11licenses shall be
License.
issued so as to expire on the thirtieth of September
of each Calendar year. Cn or before the first day of
October of each year, every person, firm,corporation,
association or co -partnership having a license shall
Renewal of apply to the Town Clerk for a new license for the
Linenses.
twe;ve calendar months next ensuing. All applications
for renewal licenses shall be made on forms which
shall be preseribed and furnished by the Town Clerk.
110 license shall 1ppse prior to the 31st day. of
52
October of the year next following the year such
license was issued and if by such 31st day %f
October application for ,ezewal of license has not
been filed the Town Clerk shall notify such
delinquent license holder thereof, by registered
mail, and if application is not made for rei:ewal
license on or before the tenth day of Sovember
next ensuing the Town Clerk, as the case may be,
,,:ust collect, in addition to the license fee
hereinafter provided, twenty-five per cent of the
license tax provided in ti,is Article, before
issuing the license. Tl:e continuation of the business,
after the expiration of the time limited in ttie
previous lic-,;ise shall constitute a binding agree-
ment on the licensee to pay such penalty, if such
application for a renewal license shall be accompanied
by a filin_, fee of twenty-five cents (250) and by the
Licenses for less Lice rse fee as prescribed herein; provided however,
than a year.
that the license may be issued for a six (6) months
period, for one half of the license fee, in the
event that the business or profession requiring a
license is opened for business on or after the first
day of ..eril of the sai& year.
Oath required jection 5. fhat it shall be the duty
in certain cases.
of the Town Clerk, before issuing a license based on
property valuation, amount of capital stock, capacity
of production or other contingency, to require any
party applying i-or said license to file, under oath,
duly authenticated, a state^entof the value of the
property or amount of the capital etock, capacity
of production or the b.�siness or profession for
which the licenses shall .e issued, or other
contingency. "he Town Auditor and Clerk may admin-
ister the oath as required herein.
f��.a
Cricce G.
C_
AMENDED f3Y
.✓EC. 19. 1939.
of
q�����
._cl.
C71Z�IHNNC[ (✓o.�b
/ o.� o.,.__
--_..� � c�a:_s`_o:.. '. z Lica:.Ae
...d
_
aP1iIL 11941
AND ORD�.tO'I-,0,4-.
................. ....;C
................................
................. .....:
:.........................
................... ........
..,..9...........................................
i....
vcor.;
_ ..
._._.. .._... .... ..... �.00
................... _�... ..
._,._.7....................
._..'.7e,
.................
Fruit or vegetable stands, retail, not
licensed z,s merchant, were the dealer
does not grow his own fruit .................. y2.50
µ (4rhere farmer or ;;rower sells fruit
from own grove or farm there shall
44 be no license fee.h
Peddlers, tr.veling dealers, who shall
bargain to sell any goods, wares or
i5�����?, merchandise by sample or other manner
p
r,,-., �l for the presant or future ielivery, to
any person, whomsoever for himself or
went following after to deliver and
collect, same shall be deemed a peddler
under this section and shall nay a
license tax of ................................ 25.00
Provided, however, this license tax sin,11 not
acply to drummers and salesmen employed by
wholesale ",ealem or manufacturers selling to
local license dealers the goods of thdir
principles nor to newsboys, nor to dealers
of ice, nor to dealers of dairy products, not
to the dealers of water for drin._in• purposes
or otherwise and same shall not apply to
retail dealers of gasoline or lubricating oils
or illuminating. oils as such gasoline or
lubricating or illuminating oil dealer shall
pay the license fee as a retail dealer.
estaruant or lunch room ....................... 2.50
btores........................................ --C
.iny other business or occupatiop not man-
tioned herein, or in following Sections of
tics Article ................... °..............
:afinitlon of Section 7. :he term store s:_.-1
"Store".
be construed to peen and include any store c:
stores or any mercL.atile establishment or
establishments wi.ich a=^e owned, maintained, opera-:c:,_
or controlled by any person, firm, co -partnership
or association, either domestic or voluntary, in
,.`icli foods or merchandise of any kind are sold L-
.1, provided, however, the term "store" shall
not include filling stations engaged in the sale
of gasoline crother petroleum products.
.malty. Section 8. Any person, firm,
nership, corporation, co -partnership or assoc.a�-ci.
who shc1 l violate any of the provisions of dec_
1, ,, 3, 4, 5, 6, or 7 of this .,rticle s,all
?70
n; on co.-aic t'cn. _ _of, ,'_ a ''y fina riot
escae:.' ty-live (,�::5.00) collars und.eosts
or by i -rise :mint not encee4_n;: tLirty (3o) aays,cr
'o;,i both pine wad ir_.nrisonmant in t!-a aiscretion
of - .... Cm-.rt. '2: e ?'-.;vor chill .._.ve ti.e ua'r,:,crity
to _.erase tie issav-,ce of se-ch license or 1_c.; �:ses
and may o_ f_ar t- sa :e 'ana of ..ny _t or ::11 cf
:-a non- _id 2o-r Duel:I-c..aes .ii_en is
revoked, ,no a_ ;_rson conGvcting w suoh
,,,.,.er -cl; action L," 'l,e :ayor 3--ii :e
liable to :::malty or ;:e;:altios us
Lie -rise for
section 9. _hat from _iid after the
Malt or Vinous
3evera_:=o.
-._:ye of t - ..rticle :: iy p rson, co-
part:,ership or corporation en_a,.ed in t,e b�a'_ness
Oi ^LQii: Ct_.ri nip 'Gii1n 5 .,2R't ter- �, or
-
or in _ .._ ._..elfin;; in or ,..,cs ink or L_in_
co __. ,., m�:iz act-cre� ..,lay ., �,. ,..., or
a_,e of ...ny, molt or vinaous oevera_,es, cocur.oniy
kao,m as baer, port, elegyfruit j _._�
co_:., ,;in. .,ny ilcl olic content; end such si:::il_s
Levera_es as a,e not ohiuitsd by the laws cf the
hate of Floridan within ''he corpor:ae limits of
the :own of Bdgewater, County of Polusia, :'lorida�
st:_:11 pay to Ll,c "Ic', Moan, for he privilege of
co_-auctin the said busi:iess, an occupational
license tax e;.ual in mount to rit:r par ..�--c of
licaa.se p a::cri i;ed L„ ...... 'laws of the state of
Florida, i'or the privilege of eng:.ging in the
respective busi.esses al,o-ve .;et forth.
Disc_: iticn of election l0. :hit the revenue derived
Revenue.
hcaefvom small be creaited and paid into-,.,-:e veneral
fund of the _aid ^own.
Penalty. :ection 11. That any person,
56
. iA-
C y 1_
r
14
violatin; ti.e provisiens of �ection.9 of this
rrticle by failing to pay such tax, upon conviction
thereof shall be punished by a fine not exceeding
two hundred fifty ($250.00) dollars or by imprison-
ment for a term not exceeding ninety (90) days or
by both such fine and imprisonment in the discretion
of the Court.
Liquor License •section 12. That from and after the
date of this ordinance any person, partnership, co-
partnership or. corpo_::cia: ;;..^.ti <_., t!:e business
of manufacturing, .ellinS, bartering, or exchanging
Coin operated
Machines.
or in a..ywise dealin in or causing or being
concerned with the manufacturing, at11ing, bartering
or exchange of a::y liquors, :r;:i shays, gins, rams,
brandys, or similiar bave.aLes, containing more
than t'nirty per cent alebhal, xithin the corporate
limits of the Town of mdv:e,aater, Volusia County,
Florida, shall pay to the said Toein for the privilege
of conducting the said '';:siress, an occupational
license tax in the amount of °'wo Hundred and Fifty
Dollars ($250.00) per year. That any person,
partnership, co -partnership or corporation violating
the provisions of t!.is orai::ance by failing to pay
such tax shall, upon conviction thereof, be punished
oy a fine net exceeding; Cne Lundred Dollars ($1CO.00)
or by imprisonment for a term of not exceeding six
months, or by both such fine and imprisonment, in
the discretion of the Court.
Section 13. It shall be unlawful for
any person or persons, corporation or corporations,
to set up for operation, operate, lease, or distribute
57
for the purpose of operating, any. coin -operated
device ac defined in Section 132 of this Article without
first having obtained a license therefor as herein-
after provided. This Article, however, does not
apply to machines or divices being displayed or
demonstrated by manufacturers, distributors, sales-
men and agents, for sales purposes.
Definition.
Section 14. For the purpose Of
this Article, coin -operated devices are.defined
and classified as follows:
Automatic
(a) Automatic coin -operated vending and amuse -
Vendors.
ment machines with premium features,•,:hich may or
may not vend for each coin deposited a standard
article of merchandise having a recognished ret,J1
value, and which at intervals vend checks, tokens,
coins or order, which may or may not be exchanged
for additional merchandise. Hereinafter this type
will be referred to as automatic vendors.
Skill Machines.
(b) Coin -operated skill machines (commonly
referred to as Pin- Games, Larble Tables, and
similar devices of this type which may have a skill
feature), wiJoh may or may not pay a reward for
skillful operation, or upon which operation, premiums
may or may not be.-,iven for high score or making
certain combinations. Such premiums may be awarded
either automatically by the machine in the form of
checks, tokens or orders, or premiums or may be
indicated by a score card attached to the machine.
Hereinafter this type will be referred to as skill
machines.
Trade Machines. (c) Trade machines. These machines have not
automatic vending features, althougi: at intervals
58
they indic_.te that patron is e:.titled to--eceive
premiums. Hereinafter t�_is type will be referred
to as trade machines. Nothing herein contained
sl.all be construed to apply to, any coin -operated
machine or device which ret.:r:� amusement,
entertainment or some service or article of Value
or a combination of the above, uniformly as to
quantity and quality, upon each insertion of a
coin into the sFme, nor to any coin -operated
telephone .
Other Machines. (d) "Other Lachines". All other coin -operated
machines or. slot machines not covered by any of
the above definitions, classifications or dis-
criptions, shall be classified as "other machines",
and shall be subject to an occupational license
tax as hereinafter provided.
Postage Stamp This ,article shall not apply to coin -operated
Machinest
United at ates Stamp <:achines.
Operator. Section 15. Any person, firm or
corporation who leases or rents out, or places,
under any kind of contract or arrangement whatso-
ever, with any other person, or a location operator,
any coin -operated devices, as herein aeiined, shall
pay an occupational tax, and shall be known as an
"Operator".
Any person, firm or corporation, who displays any
Location
Operator. coin -operated divice or devices, ay herein defined,
to the public, to be played or operated by the
public, shall be known as a "location operator" and
shall pay an occupational tax, as provided in
Section 17 hereof.
Term of License. Section 16. .;11 licenses shall be
due and payable on or before the first day of
59
October of each year, and no license shall be issued
for any fractional portion of a year, except as
otherwise provided in this Article and except that
any license for a location tax may be issued after
the first day of April and to expire on the 30th day
of September of the same year, upon the payment of
one-half of the amount fixed as the price of such
license for one year.
Fees. Section 17. The fees for such licenses
sha11 be as follows: Each Operator of automatic vendgrs,
or skill machines, or trade machines, or other machines,
as defined in this article, shall pay to the Town
Clerk an occupational tax of $75.00, and in addition
thereto the following occupational tax on each
machine as set forth in this Section, and each
"location operator" as, efined in Section 15, shall
pay an occupational license tax on each machine to the
said Town Clerk, as follows:
Automatic Vendors ............ $ 15.00
Skill .:[achines............... 5.00
Trade Machines .............. 5.00
Other Lachines............... 250.00
Operation of erection 18. Any and all machines
Machines.
licensed unaer this .article shell be subject to the
following provisions:
Age of Patrons. (a) No person in direct charge or supervision
of such raachihe shall knowingly permit any person
ander twenty-one years of age to engage in the play
of such machines.
kanner of (b) All machines licensed by this article must
Operating.
be operated and maintained at all times in an
60 gl
"Plugging".
Application
for License.
Issuance.,
orderly manner, and the operation thereof shall
be conducted with the same dignity an any other
well regulated besiness.
(c) Provided that no automatic vending machine
shall at any time be "plugged" or changed in any
manner so as to alter its ratio of premiums.
Section 19. Any person, firm or
corporation desiring to operate any of the machines
heretofore described in this Article within the
City limits of the Town of Edgewater shall first
make up application for a license for the privilege
of operating any such machines as are herein
described in the Town of Edgewater to the Town
Clerk of the Town of Edgewater, and, upon the filing
of such application with the Town Clerk, the said
Town Clerk shall thereupon, upon payment of the
license charges, as provided by this Article, issue
to the said applicant the license as applied for in
said appl-cation, and applications received by the
Town Clerk shall be numbered in the order in wl.ich
such applications are filed in the office of the
Town Clerk, and the said Town Clerk shall issue
licenses in the same order in which applications
are filed with the said Clerk, and no license shall
be issued by said Clerk without having first �eceived
in cash the amounts of money provided in this
.article for license fees on the machine or machines
described in such application, and the Town Clerk
shall not grant the application of any person,
persons, firm or corporation to operate any of the
Limitation of m:-,chines described in this Article in excess of one
Number of Pachines.
such macr.ine to each one hundred (100) persons
in zhe Town of Edgewater, according to the last
QL t
State or Federal census.
61
Identification Section 20. Concurrently with the
Plates.
issuance of the licenses for each machine, the
Town Clerk shall issue a metal plate or other device
upon which shall a,pear the serial number of the
machine, and the manufacturer's serial number of
the machine, for which he or she shall receive a fee
of Two Dollars7 which shall be in lieu of any other
compensation, and vik.ich shall be in full for services
required by this Article; which plates mgst be
firmly attached and prominently displayed thereon.
Penalty. section 21. Any person, firm or
corporation eagaged in the operation of coin -operated
machines as herein defined, violating any of the
provisions of Sections 12 to 19 inclusive of this
Article, shall be subject to a fine of not more
than one hundred ($100.00) dollars, or to imprison-
ment for not more than sixty (60) days, or to both
such fine and imprisonment, for each and every
violation at the discretion of the Layor.
Disposition of Section 22. All moneys collected here-
Lioneys.
under are hereby appropriated to the General Fund
of said Town.
Gambling Devices erection 23. 110 Article or parts of
excluded.
Articles which have for their purpose the pro-
hibition of Uambling uevices shall be construed to
apply to licensed coin -operated machines, as defined
and permitted under this Article.
Where I%chines section 24. 1To machines operated
may be Cperated.
under the provisions of this Article stall be
maintained or operated within three hundred feet
of any public school or church; provided, ho•aever,
that this shall not apply to any machine operated
62
or maintained in any hotel.
Saving Clause. Section 25. If any section, portion
or clause of this ..rticle for any reason shall be
held void, inoperative or unconstitutional such
invalidity or unconstitutionality shall not affect
or invalidate the remaining section or provisions
thereof.
Termination of Jection 26. Where the business
License Refund.
covered by any license is terminated prior to the
first day of July in any year the Town Clerk ba and
he is hereby authorized on application of the owner
or holder of said license to cancel said license
and refund to said licensee one-half of the anount
originally paid for said license, unless otherwise
herein provided. The application herein referred to
shall be under oath setting forth the termination
of the licensed business and accompanied with a
Tender of a license certificate. This section stall
not apply to any beveraLe license, nor any coin -
operated machine license.
ARTICLE 7NI.
R L P E A L
Section 1. That the following
ordinances of the Town of Edgewater be and the
same are hereby repealedi Ordinance numbers -
1, 2, 4, 5, 6, 7, 8, 9, 13, 14, 15, 19, 24, 26,
28, :i9, 30, 31, 32, 33, 34, 35, 36, 39, 40, 41,
43, 44, 45, 46, 47, 49, 50, 51, 53, 54, 56, 57,
63
59, 60& 62, 63, 64& 65& 66& 67& 68, 69& 72, 73,
742 that all parts and portions of ordinances
numbers 11& 12& 18 and 21 be a,.d the same are
hereby repealed insofar as the same are incon-
sistent herewith.
This Ordinance was read a first time in
full and passed by the unanimous vote of the Town Council
of the Town of Edgewater, Florida? at a regular meeting of said
Town Council, on the 2nd day of August& 1938.
upon motion duly made, seconded and
unanimously carried& the requirement of reading this Ordinance
upon second reading was waived and this Ordinance was ordered
put upon its final passage at a regular meeting of the Town
Council of the Town of 7dgewaterj held the 2nd day of August
1938. Said Ordinance was passed at said regular meeting upon
its final passage with the unanimous vote of the Town Council
of the Town of Edgewater, Florida, and approved as provided by
law this 2nd day of August& 1938& the vote of the Council
being as follows& �O
ayorr� ounc an U
�`. Cou cilman
Counci man
Approved this day of 06t)S A. D. 1938.
or�