CODE OF ORDINANCES TOWN OF GULF STREAM, FLORIDA

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Republished by Order of the Town Commission

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Adopted: June 4, 1999

Effective: June 4, 1999

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CURRENT OFFICIALS

of the

TOWN OF

GULF STREAM, FLORIDA

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Joan K. Orthwein

Mayor

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Muriel J. Anderson

W. Garrett Dering

Robert W. Ganger

Thomas M. Stanley

Town Commission

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William H. Thrasher

Town Manager

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John C. Randolph

Town Attorney

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Rita L. Taylor

Town Clerk

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Garrett J. Ward

Police Chief

PREFACE

This Code constitutes a complete republication of the general and permanent ordinances of the Town of Gulf Stream, Florida.

Source materials used in the preparation of the Code were the 1978 Code, as supplemented through March 10, 2000, and ordinances subsequently adopted by the town commission through September 5, 2008. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1978 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 4 is 4-1. Under this system, each section is identified with its chapter, and at the same time new sections or even whole chapters can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix.

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Dennis Sinnett, Vice President of Supplementation, and Peggy Lamar, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Rita Taylor, Town Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the town readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the town's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

ADOPTING ORDINANCE

ORDINANCE NO. 92-2

An Ordinance Adopting and Enacting a New Code for the Town of Gulf Stream, Florida; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.

Be it Ordained by the Town Commission of the Town of Gulf Stream, Florida:

Section 1. The Code entitled "Code of Ordinances of the Town of Gulf Stream, Florida," published by Municipal Code Corporation, consisting of Chapters 1 through 66, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before April 10, 1992, and not included in the Code or recognized and continued in force by reference therein are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $500.00 or a term of imprisonment not exceeding 60 days or both a fine and term of imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the Town may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5. Additions or amendments to the Code, when passed in the form as to indicate the intention of the town commission to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after April 10, 1992, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This ordinance shall take effect immediately upon its passage and approval, as provided by law.

PASSED AND ADOPTED in a regular, adjourned session on first reading this 14th day of September, 1992, and for a second and final reading on this 28th day of September, 1992.

/s/                                             William F. Koch, Jr.      Mayor

	/s/                                             Alan I. Armour

	/s/                                             James E. Cross

	/s/                                             Kathleen S. Wallace

	/s/                                             A. Curtis True, M.D.

COMMISSION

ATTEST:

/s/                                             Rita L. Taylor      Town Clerk

Certificate of Adoption

I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the Town Commission of the Town of Gulf Stream, FL, held on the 28th day of September, 1992.

	/s/                                             Rita L. Taylor, Town Clerk

READOPTING ORDINANCE

ORDINANCE NO. 99/1

An Ordinance of the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, Adopting and Enacting an Updated and Reproduced Code for the Town of Gulf Stream; Providing for the Repeal of Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and this Ordinance Shall Become Effective.

Be it Ordained by the Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, as Follows:

Section 1. The Code entitled "Code of Ordinances, Town of Gulf Stream, Florida," published by Municipal Code Corporation, consisting of Chapters 1 through 66, each inclusive, is adopted and incorporated as if fully set forth herein.

Section 2. All ordinances of a general and permanent nature enacted on or before May 15, 1998, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $500.00 or a term of imprisonment not to exceed 60 days, or both a fine and term of imprisonment. Each act or violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the Town may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the Town to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after May 15, 1998, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This Ordinance shall take effect immediately upon its passage and approval, as provided by law.

Passed and Adopted in a regular, adjourned session on first reading this 14th day of May, 1999, and for a second and final reading on this 4th day of June, 1999.

/s/ William F. Koch      Mayor

	/s/ Fred B. Devitt III

	/s/ Robert W. Hopkins II

	/s/ William A. Lynch

	/s/ Joan K. Orthwein      Town Commission

ATTEST:

	/s/ Rita L. Taylor      City Clerk

ORDINANCE NO. 06/04

An Ordinance Adopting and Enacting a New Code for the Town of Gulf Stream, Palm Beach County, Florida; Providing for the Repeal of Certain Ordinances Not Included; Providing a Penalty For the Violation Thereof; Providing For the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.

Now Therefore, Be It Ordained By the Town Commission of The Town of Gulf Stream, Palm Beach County, as Follows:

Section 1. The publication entitled "Code of Ordinances of the Town of Gulf Stream, Florida," published by Municipal Code Corporation, consisting of Chapters 1 through 70, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before September 5, 2005, and not included in the Code or recognized and continued in force by reference therein, are repealed. For purposes of this section an ordinance is included in the Code if it is included in an appendix to the Code.

Section 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine of not to exceed $500.00, or imprisonment for a period of not to exceed 60 days or both such fine and imprisonment. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the Town may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permit.

Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after September 5, 2005, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This ordinance shall become effective immediately upon its passage and approval, as provided by law.

Passed and Adopted in a regular, adjourned session on first reading this 8th day of September, 2006, and for a second and final reading on this 13th day of October, 2006.

/s/ William F. Koch      Mayor

	/s/ Chris D. Wheeler

	/s/ Fred B. Devitt III

	/s/ Joan K. Orthwein      Town Commission

ATTEST:

	/s/ Rita L. Taylor      City Clerk