2020-O-03 - Chapter 10 ORDINANCE NO.2020-0-03
AN ORDINANCE AMENDING AND RESTATING
CHAPTER 10 (HEALTH, SANITATION, PROPERTY
MAINTENANCE AND CODE ENFORCEMENT), ARTICLE
III (CLEANLINESS AND SANITATION OF PREMISES) IN
THIS ENTIRETY; OF THE CODE OF ORDINANCES,CITY
OF EDGEWATER, FLORIDA; PROVIDING FOR
CONFICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS,the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. It has been determined that excessive delivery of newspapers, circulations,
advertisements,etc. can be detrimental to various residences.
2. Various deliveries of newspapers, circulations, advertisements, etc. that are not
subscribed can become a hazard on property.
3. Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement),
Article III (Cleanliness and Sanitation of Premises) is being amended and restated in its entirety
to reflect modifications to Section 10-40(Littering-Public property and waterways).
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater,Florida:
PART A. AMEND AND RESTATE CHAPTER 10 (HEALTH,
SANITATION, PROPERTY MAINTENANCE AND CODE
ENFORCEMENT), ARTICLE III (CLEANLINESS AND SANITATION OF
PREMISES) IN ITS ENTIRETY, OF THE CODE OF ORDINANCES,
CITY OF EDGEWATER,FLORIDA
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Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), Article III
(Cleanliness and Sanitation of Premises) is amended and restated pursuant to Exhibit"A", which
is attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. if
this ordinance of any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word `ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention;provided,however,that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
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PART F. ADOPTION
After Motion to approve by Councilwoman Power with Second by Councilwoman
O'Keefe the vote on the first reading of this ordinance held on February 3, 2020, was as follows:
AYE NAY
Mayor Mike Thomas EXCUSED
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
After Motion to approve by Councilwoman O'Keefe with Second by Councilwoman
Power, the vote on the public hewing/second reading of this ordinance held on March 2, 2020
was as follows:
AYE NAY
Mayor Mike Thomas EXCUSED
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
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PASSED AND DULY ADOPTED this day of ,
2020.
ATTEST: CITY COUNCIL OF THE
ClrrX OF EDGEWATER,FLORIDA
401
Robin L. Matusick,CMC voy
City Clerk/Paralegal i e- or
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 2nd day of
legality by: Aaron R. Wolfe,Esquire March, 2020 under Agenda Item#8 Gj
City Attorney
Doran, Sims, Wolfe, Ciocchetti&Yoon
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EXHIBIT "A"
CHAPTER 10 (HEALTH,SANITATION,PROPERTY MAINTENANCE AND
CODE ENFORCEMENT)
ARTICLE HI (CLEANLINESS AND SANITATION OF PREMISES)
Sec. 1040. Littering- Public property and waterway.
(a) It shall be unlawful for any person to dump, throw,place or cast, or cause to be dumped,
thrown, placed or cast any refuse, rubbish, litter, trash, junk, garbage, or other unwholesome
matter or substance of any kind whatsoever on any street, avenue, road, highway, waterway or
any public way or along the rights-of-way thereof, including city, county, state and federal roads
and highways, and waterways, within the city, or in any public park, beach or other public
grounds in the city.
(b) It shall be unlawful for any person,directly or through an agent or employee to distribute
or cause to be distributed, deposited,placed,thrown, cast, scattered,handed out or circulated any
handbill, commercial advertisement or newspaper not subscribed on any unattended vehicle,
known vacant property or property with the appearance of vacancy or with the accumulation of
greater than two days of such material.
(c) It shall be unlawful for any person to distribute, cast, throw, or otherwise Place circulars,
handbills, newspapers, magazines, papers, merchandise or discarded material on residential,
commercial or public real property after receiving notification by the owner or occupant thereof
that said owner or occupant does not wish to receive the item being distributed.
(e) (d) It is to be expressly understood that the prohibitions set forth in subsection (a) do not
prohibit the orderly placing of refuse, litter, trash and garbage at street side for systematic
collection by the city, but do specifically prohibit the indiscriminate and disorderly casting of
wastes on city streets.
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