CODE OF ORDINANCES CITY OF OAKLAND PARK, FLORIDA

____________

GENERAL ORDINANCES OF THE CITY

____________

Adopted: August 21, 1974

Effective: October 1, 1974

____________

Published by Order of the City Commission

____________

Republished 1998

____________

>

Copyright 1974

Municipal Code Corporation

Tallahassee, Florida

OFFICIALS

of the

CITY OF OAKLAND PARK, FLORIDA

AT THE TIME OF THIS CODIFICATION

____________

Layne Dallett Walls

Mayor

____________

 

Steven R. Arnst

Robert L. Sproc

Caryl R. Stevens

Chris Wilson

Commissioners

____________

 

Robert D. Johnston

City Manager

____________

 

Donald J. Doody

City Attorney

____________

Carol Gold

City Clerk

PREFACE

This volume contains the Charter and Code of Ordinances of the City. The Code constitutes a complete recodification of the ordinances of the City of Oakland Park of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included herein or recognized as continuing in force by reference thereto. This Code was subsequently republished in 1995.

Source materials used in the preparation of the Code were the 1960 Oakland Park Code, adopted by Ordinance No. 229, as supplemented through November 4, 1970 (Ordinance No. 518), and ordinances subsequently adopted by the City Commission. 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 Ordinance Disposition Table appearing in the back the volume, the reader can locate any section of the 1960 Code, as supplemented, and any subsequent ordinance included herein.

Numbering System

The chapters of the Code are arranged in alphabetical order and the various sections within each chapter are catchlined to facilitate usage. Appropriate footnotes which tie related sections of the Code together and which refer to correlative charter provisions and relevant state laws have been included.

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fourteenth section of Chapter 4 is 4-14. 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 places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4.4 and 4.5 is desired to be added, such new sections would be numbered 4-4.1, 4-4.2, 4.4.3, respectively. New chapters may be included by the addition of a fraction after the chapter number, e.g., if the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12 1/2. 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 each 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 being assigned to the article or division.

Indices

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

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental servicing for the Code. With this looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof as provided in Section 4 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. 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 publishers 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.

Acknowledgements

The publishers are most grateful to Mr. Lewis D. Haines, City Attorney, and Miss Darleen Mitchell, City Clerk, for their cooperation and assistance during the progress of the work on the original Code. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

The City authorized the republication of this Code in May 1995, and this volume is issued as a replacement copy to replace all existing copies of the Code as published in 1974 and supplemented through Supplement Number 37.

The July 1995 republication was under the supervision of Lori A. Story, Editor, of the Municipal Code Corporation, and credit is gratefully given to the other members of the publisher's staff who provided assistance throughout this project.

The publishers are most grateful to Ms. Carol Gold, CMC/AAE, City Clerk, for her participation, cooperation and interest during the preparation of this republication of the Code.

This republication was under the supervision of Edwin D. March, Editor, of the Municipal Code Corporation, and credit is gratefully given to the other members of the publisher's staff who provided assistance throughout this project.

The publishers are most grateful to Ms. Carol Landau, CMC/AAE, City Clerk, for her participation, cooperation and interest during the preparation of this republication of the Code.

August 1998

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

ORDINANCE NO. 0-74-12

An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Oakland Park, Florida: Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Herein Expressly Provided; Providing for the Manner of Amending Such Code of Ordinances; and Providing When This Ordinance Shall Become Effective.

Be It Ordained By the City Council of The City of Oakland Park, Florida:

Section 1: That the Code of Ordinances, consisting of Chapters 1 to 23, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Oakland Park, Florida," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before April 3, 1974, except such as, by reference thereto, are 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 on and after October 1, 1974, and all ordinances of a general and permanent nature of the City of Oakland Park enacted on final passage on or before April 3, 1974, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 1st day of October, 1974, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed.

Section 3: That the repeal provided for in Section 2 hereof shall not affect the following:

(a)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance;

(b)

Any ordinance of the City promising or guaranteeing the payment of money by or to the City, or authorizing the issuance of any bonds of the City, or any evidence of the City's indebtedness, or any contract or obligation assumed by the City;

(c)

Any ordinances fixing positions, classifications and salaries;

(d)

Any right of franchise granted by any ordinance of the City to any person, firm or corporation;

(e)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City;

(f)

The annual appropriation ordinance;

(g)

Any ordinance levying or imposing taxes;

(h)

Any ordinance establishing and prescribing the street grades of any street in the City;

(i)

Any ordinance providing for local improvements and assessing taxes therefor;

(j)

The zoning ordinances, amendments and variances;

(k)

Any ordinance extending the boundaries of the City.

Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4: That any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of Ordinances, City of Oakland Park, Florida," 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 City Clerk, and preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City 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 provisions which may be from time to time repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinances of Oakland Park.

Section 6: That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 1-8 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7: That it shall be unlawful for any person, firm or corporation in the City of Oakland Park 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 law of the City of Oakland Park to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 1-8 of the Code of Ordinances of the City of Oakland Park.

Section 8: All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 9: This ordinance shall be in force and take effect on the 1st day of October, 1974.

Unanimously

PASSED FIRST READING 7th DAY OF August, 1974.

Unanimously

PASSED SECOND READING 21st DAY OF August, 1974.

	/s/ Jimmy D. Yates       President of Council

ATTEST:

	/s/ Rilla J. Clauson       Assistant City Clerk

APPROVED THIS 21st DAY OF August, 1974.

	/s/ H. Layton Mainguy       Mayor, City of Oakland Park, Florida