87-O-2ORDINANCE NO. 87-0-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, SECTION 10-8, OF THE CODE
OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA,
ABANDONED AIRTIGHT CONTAINERS, BY PLACING SAID
SECTION INTO COMPLIANCE WITH FLORIDA STATUTE
823.07; CONTAINING A REPEALER PROVISION, A SEVER -
ABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the purpose of this ordinance to prevent
deaths due to suffocation of children locked in abandoned or
discarded iceboxes, refrigerators, deep-freeze lockers, clothes
washers, clothes dryers, or similar airtight units from which the
doors have not been removed.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1. Section 10-8, Abandoned Airtight Containers, of
the Code of Ordinances of the City of Edgewater, be amended as
follows:*
CHAPTER 10-HEALTH AND SANITATION
Section 10-8. Abandoned Airtight containers
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business.
It is unlawful for any person knowingly to abandon or
discard or to permit to be abandoned or discarded on premises
under his control any icebox, refrigerator, deep-freeze locker,
clothes washer, clothes dryer, or similar airtight unit having an
interior storage capacity of 1 1/2 cubic feet or more from which
the door has not been removed.
*Deleted language has been 14wed-through and new language
underscored.
SECTION 2. The provisions of this section shall not apply to
an icebox, refrigerator, deep-freeze locker, clothes washer,
clothes dryer, or similar airtight unit which is crated or is
securely locked from the outside or is in the normal use on the
premises of a home, or rental unit, or is held for sale or use in
a place of business; provided however, that •place of business"
as used herein shall not be deemed to include a junkyard or other
similar establishment dealing in secondhand merchandise for sale
on open unprotected premises.
SECTION 3. It shall be unlawful for any junkyard dealer or
secondhand furniture dealer with unenclosed premises used for
display of secondhand iceboxes, refrigerators, deep-freeze
lockers, clothes washers, clothes dryers, or similar airtight
units to fail to remove the doors on such secondhand units having
an interior storage capacity of 1 1/2 cubic feet or more from
which the door has not been removed. This section will not apply
to any dealer who has fenced and locked his premises.
SECTION 4. All ordinances or parts of ordinances and all
resolutions and parts of resolutions in conflict herewith, be and
the same are hereby repealed.
SECTION 5. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
SECTION 6. This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Councilman Prater
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a regular meeting of said Council
on the 2nd day of February , 1987.
The second reading of this ordinance to be at a regular
meeting of the City Council of the City of Edgewater, to be held
on the 2nd day of March , 1987.
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NO
C
ROLL CALL VOTE ON
SECOND READING:
ATTEST:
ORDINANCE NO 7-0- 2
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City Clerk
This ordinance 2 and adopted on second reading at a
regular meeting of the City Council of the City of
Edgewater, Florida, and authenticated this 2nd day of
March , 1987.
7
Mayor
This rdinan prepared by:
orney
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Ord. 87-0-2