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Ordinance 215 Adopting & Enacting Village CodeORDINANCE N0. 215-70 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING AND ENACTING A CODE OF ORDINANCES FOR THE VILLAGE OF NORT}{ PALM BEACH, FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PRO- VIDING A PENALTY FOR VIOLATIONS THEREOF; AND PROVIDING WHEN THIS ORDINANCE S}{ALL BECOME EFFECTIVE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA; Section 1. That the following codification and revision of ordinances, consisting of Chapters 1 through 45, inclusive, and attached hereto and being on file in the office of the Village Clerk for the ten days next preceding the introduction of this ordinance, be, and the same is hereby adopted and enacted as the "North Palm Beach Code," and shall be treated and considered as a new and original codification and revision of the ordinances of the Village of North Palm Beach which shall supersede all other general and permanent ordinances passed and adopted by the Village Council on or before August 14, 1969, except such as are by reference thereto expressly saved from repeal or continued in force and effect for any purpose. Section 2. That all provisions of such Code shall be in full force and effect thirty days from the date of passage of this ordinance, and all ordinances of a general and permanent nature of the Village of North Palm Beach, enacted on final passage on or before August 14, 1969, and not incorporated in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter ' provided. Section 3. That the repeal provided for in Section 2 shall not affect any offense or act committed or done or any penalty or forfeiture incurred or imposed before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the Village, or authorizing the issuance of any bonds of the Village or any evidence of the Village's indebtedness, or any contract or obligation assumed by the Village; nor shall such repeal affect the administrative ordinances or resolutions of the Village Council not in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect any right of franchise granted by any ordinance or resolution of the Village Council to any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, or establish- ing grades of any street or public way in the Village; nor shall such repeal affect the annual appropriation ordinance; nor shall such repeal affect any ordinance levying or imposing taxes not included herein; nor shall such repeal affect any ordinance or resolution relating to salaries of Village employees; nor shall such repeal affect any ordinance providing for local improvements and levying special assessments therefor; nor .shall such repeal affect any ordinance dedicating or accepting any plat or subdivision in the Village; nor shall such repeal affect any ordinance extending the boundaries of the Village; nor shall such repeal affect any ordinance or resolution establishing, re-establishing or modifying the boundaries of zoning districts, or changing the zoning classification of any lot or parcel of land. Each of the above-mentioned ordinances shall in no way be repealed by this ordinance except as the same may be in conflict with the provisions of such Code. Section ~4. That any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the Village Council to make the same a part thereof, shall be deemed to be incorporated in such Code, so that reference to the "North Palm Beach Code" shall be understood and intended to include such additions and amendments. Section 5. That a copy of such Code shall be kept on file in the office of the Village Clerk, preserved in looseleaf form. - 2 - It shall be the express duty of the Village Clerk or someone author- ized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the Village Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all pro- visions which may be from time to time repealed by the Village Council. This copy of such Code shall be available to all persons desiring to examine the same and shall be considered the official Code of the Village of North Palm Beach. Section 6. That it shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the Code, any ordinance, or the law of the Village of North Palm Beach to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section I-9 of such Code. ' Section 7. That it is hereby declared to be the intention of the Village Council that the sections, paragraphs, sentences, clauses and phrases of such Code are severable and if any phrase, clause, sentence, paragraph or section of such Code shall be de- clared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of such Code. Section 8. That whenever in this ordinance or in such Code an act is prohibited or is made or declared to be unlawful or an oi'fense or misdemeanor, or whenever in this ordinance or in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of such provision of this ordinance or of such Code shall be punished by a fine not exceeding five hundred dollars, or by imprisonment for a term not exceeding sixty days, or by both such fine and imprisonment in the discretion of the judge trying the case. Each day any violation of such Code shall continue shall constitute a separate offense. - 3 - Section 9. That in addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of such Code shall be deemed a public nuisance and may be by the Village abated as provided by law, and each day such condition shall continue shall be regarded as a new and separate offense. Section 10. That any person who shall violate any of the provisions of the building code, adopted by reference by Section 6-11 of such Code, shall be punished as provided in Section 8 of this ordinance. Section 11. That any person who shall violate any of the provisions of the electrical code, adopted by reference by Section 13-11 of such Code, shall be punished as provided in Section 8 of this ordinance. Section 12. That any person who shall violate any of the provisions of the fire prevention code, adopted by reference by Section 16-11 of such Code, shall be punished as provided in Section ' 8 of this ordinance. Section 13. That any person who shall violate any of the provisions of the plumbing code, adopted by reference by Section 28-11 of such Code, shall be punished as provided in Section 8 of this ordinance. Section 14. That any person who shall violate any of the provisions of the state law relating to subdivisions, adopted by reference by Section 36-1, shall be punished as provided in Section 8 of this ordinance. Section 15. That any person who shall violate any of the provisions of the model traffic ordinance, adopted by reference by Section 39-22 of such Code, shall be punished as provided in Section 8 of this ordinance. ' Section 16. That any person who shall violate any of the provisions of the zoning map, adopted by reference by Section 45-17 of such Code, shall be punished as provided in Section 8 of this ordinance. - 4 - Section 17. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 18. That this ordinance shall take effect on the t}iirtieth day after the passage. PLACED ON FIRST READING THIS 13TH DAY OF AUGUST, 1970. PLACED ON SECOND, FINAL READING AND PASSED THIS 27TH DAY OF AUGUST, 1970. /s/ Thomas F. Lewis MAYOR ATTFST: /s/ Dolores R. Walker Village Clerk ' APPROVED AS TO FORM: /s/ }Ierbert L. Gildan Village Attorney - 5 -