ORDINANCE NO. 17-04

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 10, OFFENSES- MISCELLANEOUS, REPEALING SECTIONS 10-1, 10-3, 10-4, 10-6, 10-9, 10-10, 10-15, 10-18, 10-19, 10-20, AND 10-24 THROUGH 10-28, WHICH ARE COVERED BY STATE LAW; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Town Council, in 2015, established a Code Review Task Force to review the existing code, particularly provisions other than those recently addressed, and provide recommendations for update; and

WHEREAS, in its’ report dated October 17, 2016, the Code Review Task Force recommended Code Sections 10-1, 10-3, 10-4, 10-6, 10-9, 10-10, 10-15, 10-18, 10-19, 10-20, and 10-24 through 10-28 be repealed as these sections are covered by State law; and

WHEREAS, the Town Council of the Town of Indialantic, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Indialantic.

NOW, THEREFORE, BE IT ENACTED BY THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference.

SECTION 2. That Section 10-1 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-1. Adoption of state misdemeanors. (Repealed)

It shall be unlawful for any person to act, or fail to act, in any way whatsoever, within the town, which said act or failure to act is or shall be designated by the laws of the State of Florida as a misdemeanor. Without in any manner limiting the generality of the foregoing, it shall specifically be unlawful for any person to act or fail to act, in any way whatsoever, within the town, in violation of any and all matters covered by Chapter 316, Florida Statutes, which are traffic violations, whether same are deemed to be criminal misdemeanors or civil infractions, and likewise regarding all matters covered by Chapter 322, Florida Statutes.

SECTION 3. That Section 10-3 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-3. Bicycles obstructing streets and sidewalks. (Repealed)

No bicycle shall be left upon any street or sidewalk in such a manner as to obstruct vehicles or pedestrians, or to obstruct any stopping or parking space.

SECTION 4. That Section 10-4 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-4. Charitable solicitations. (Repealed)

(a) State registration required. No charitable organization, as defined in section 496.404, Florida Statutes, shall conduct any activity within the town to solicit or receive funds or other charitable contributions of any nature from the public without having been registered or received exemption from registration by the State of Florida, pursuant to Chapter 496, Florida Statutes.

(b) Certificate and information to be filed with clerk. All charitable organizations shall, prior to conducting any activity within the town to solicit or receive funds or other charitable contributions of any nature from the public, file with the town clerk a copy of its certificate from the department of state indicating its registration or exemption from registration. In addition, they will indicate to the town clerk the dates during which the solicitation is to be made and, where feasible, the names of the solicitors. Upon receipt of this information, the town clerk will issue a letter of authorization to the organization and furnish a copy to the police department for their information and guidance.

(c) Each solicitor going door-to-door to residential units within the town will carry on his/her person at all times while soliciting within the town identification depicting his/her current photograph, full name, residence address, date of birth, and name of employer and/or the agency for whom he/she is soliciting.

SECTION 5. That Section 10-6 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-6. Disturbing the peace. (Repealed)

A person commits the offense of disturbing the peace when he:

(a) Willfully disturbs the peace of others by violent, tumultuous or offensive conduct or carriage; or by loud and unusual noise, or;

(b) Permits any such conduct in or upon any house or premises owned or possessed by him or under his management or control.

Nothing in this section 10-6 is intended to regulate any matter specifically preempted by §790.33, Florida Statutes, such as the making of a loud and unusual noise with a firearm.

SECTION 6. That Section 10-9 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-9. False alarms or calling for emergency services. (Repealed)

It shall be unlawful to make or circulate or cause to be made or circulated a false alarm of fire or false call for any emergency vehicle or service.

SECTION 7. That Section 10-10 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-10. Indecency. (Repealed)

It shall be unlawful for any person to be found in a state of nudity, or to be indecently exposed.

SECTION 8. That Section 10-15 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-15. Officers; impersonating. (Repealed)

It shall be unlawful to impersonate any officer by unlawfully using a police whistle or other insignia of authority, or in any was to assert or act as an officer of the town.

SECTION 9. That Section 10-18 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-18. Peeping Toms. (Repealed)

It shall be unlawful to enter upon the property of another and for a lewd or unlawful purpose deliberately look into a dwelling on a property through any window or other opening in it.

SECTION 10. That Section 10-19 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-19. Police and fire department property; trespass or interference with. (Repealed)

It shall be unlawful to trespass upon any property of the fire or police departments of the town, or in any manner to interfere with the operation or control of such property.

SECTION 11. That Section 10-20 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-20. Police and fire signal systems; damaging, misuses. (Repealed)

It shall be unlawful to deface, injure, destroy or otherwise incapacitate any telephone or other fire or police signaling apparatus, device or mechanism, or to use such apparatus, device or mechanism for any purpose other than that for which it is intended.

SECTION 12. That Section 10-24 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-24. Sleeping, camping in public place. (Repealed)

No person shall sleep or stay overnight on the beach, causeway or other public place.

SECTION 13. That Section 10-25 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-25. States of emergency; mayor to declare. (Repealed)

Pursuant to Florida Statutes, Section 870.042(2), the mayor is hereby designated as the municipal official empowered to declare states of emergency in accordance with Florida Statutes, Sections 870.041 through 870.048, and to exercise the discretionary powers conferred by Florida Statutes, 870.045.

SECTION 14. That Section 10-26 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-26. Threats to do bodily harm. (Repealed)

It shall be unlawful for any person to threaten to do bodily harm to another. This code provision shall not apply to threats coupled with or involving the use of firearms or ammunition.

SECTION 15. That Section 10-27 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-27. Weapons; discharging slingshot. (Repealed)

It shall be unlawful to discharge any slingshot, slungshot or weapon which is not a firearm except on the premises of the owner, and either used by him or by some person authorized by him. The terms “firearm” and “weapon” shall be defined as set forth in §790.001, Florida Statutes.

SECTION 16. That Section 10-28 of the Code of Ordinances of the Town of Indialantic is hereby repealed as follows:

Sec. 10-28. Weapons; target ranges. (Repealed)

No target ranges (for other than the use of firearms and ammunition) shall be permitted except with the written permission of the chief of police, or his deputy, after personal inspection, and only at places and under conditions duly designated by him as not being hazardous to any person.

SECTION 17. Severability Clause/Interpretation.

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) That in interpreting this Ordinance, underlined words indicate additions to existing text, and stricken through words include deletions from existing text. Asterisks (* * * *) indicate a deletion from the Ordinance of text, which exists in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 18. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance.

PASSED by the Town Council of the Town of Indialantic on first reading on the 8th day of February, 2017, and ADOPTED by the Town Council of the Town of Indialantic, Florida, on final reading on the 8th day of March, 2017.

TOWN OF INDIALANTIC

______

David Berkman

Mayor

ATTEST: ______

Joan Clark

Town Clerk

1st reading: February 8, 2017

2nd reading: March 8, 2017

Effective Date: March 8, 2017

Town of Indialantic Ordinance No. 17-04

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