HomeMy WebLinkAboutO-2010-019 Amendments to Code for consistency w-One Code ORDINANCE NO. 2010-019
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES, IN ORDER TO PROVIDE
FOR CONSISTENCY WITH THE CITY OF DANIA BEACH LAND
DEVELOPMENT CODE, AS SEPARATELY ADOPTED AS THE CITY'S
LAND DEVELOPMENT REGULATIONS; AMENDING ARTICLE IV "CODE
ENFORCEMENT" OF CHAPTER 2 "ADMINISTRATION" FOR
CONSISTENCY WITH THE LAND DEVELOPMENT CODE; AMENDING
CHAPTER 2.5 "ADULT ENTERTAINMENT CODE", ARTICLE I "IN
GENERAL" CONCERNING DEFINITIONS RELATED TO LICENSING OF
ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING CHAPTER 4
"ALCOHOLIC BEVERAGES," ARTICLE I "IN GENERAL," REGARDING
REGULATIONS OF PROXIMITY OF ESTABLISHMENTS WHICH SELL
ALCOHOLIC BEVERAGES; AMENDING CHAPTER 6 "BEACHES, PARKS
AND RECREATION" TO RENAME THE CHAPTER AS "BEACHES,
PARKS, WATERWAYS AND RECREATION" AND TO CREATE ARTICLE
IV "REGULATION OF MARINE VEHICLES IN CITY WATERWAYS";
AMENDING CHAPTER 8 "BUILDINGS," ARTICLE I "IN GENERAL" TO
REPEAL CERTAIN SECTIONS OF THE ARTICLE RELATED TO SITE
PLAN REQUIREMENTS AND BUILDING REGULATIONS, AND
AMENDING ARTICLE II "PROPERTY STANDARDS" TO PROVIDE FOR
CONSISTENCY WITH THE LANDSCAPE REGULATIONS OF ARTICLE
275 "LANDSCAPING REQUIREMENTS" OF THE LAND DEVELOPMENT
CODE; REPEALING ARTICLE VII, "PAVING OF PRIVATE PROPERTY",
ARTICLE VIII, "EXCAVATIONS", AND ARTICLE XII, "EMERGENCY
GENERATORS" OF CHAPTER 8 `BUILDINGS" IN THEIR ENTIRETY;
FURTHER AMENDING ARTICLE XIII, "STORM SHUTTER
REGULATIONS" OF CHAPTER 8 "BUILDINGS" TO AMEND
REQUIREMENTS FOR PLACEMENT OF STORM SHUTTERS; AMENDING
CHAPTER 10 "COIN OPERATED DEVICES" TO AMEND THE DEFINITION
OF "SKILL MACHINE" AND TO AMEND THE LICENSING PROCEDURE
FOR COIN-OPERATED MACHINES; AMENDING CHAPTER 13 "HEALTH
AND SANITATION", ARTICLE IV "GARBAGE AND TRASH"; REPEALING
CHAPTER 16, "MOBILE LIVING UNITS", IN ITS ENTIRETY; AMENDING
CHAPTER 17, "OFFENSES-MISCELLANEOUS", ARTICLE I "IN
GENERAL" REGARDING PROCEDURES FOR ENFORCEMENT AND
PROSECUTION OF VIOLATIONS OF THE CODE OF ORDINANCES;
REPEALING CHAPTER 19, "PLANNING AND DEVELOPMENT", IN ITS
ENTIRETY; AMENDING CHAPTER 21 "SALES AND AUCTIONS",
ARTICLE III "GARAGE SALES" TO AMEND THE REQUIREMENTS FOR
GARAGE SALE PERMITS AND FEES; REPEALING CHAPTER 24,
"THEATERS" IN ITS ENTIRETY; AMENDING CHAPTER 25 "TRAFFIC"
TO RENAME DIVISION 6 "COMMERCIAL AND RECREATIONAL
VEHICLES" TO "TAXIS, BUSSES AND OTHER COMMON CARRIERS",
AND REPEALING CERTAIN SECTIONS RELATED TO TRAFFIC
REGULATION, TO PROVIDE FOR CONSISTENCY WITH THE LAND
DEVELOPMENT CODE; REPEALING CHAPTER 26, "VEGETATION" IN
ITS ENTIRETY; REPEALING ARTICLE VI "SEWER SUBDIVISION
REGULATIONS" OF CHAPTER 27 "WATER AND SEWERS"; REPEALING
CHAPTER 28 "ZONING", IN ITS ENTIRETY; REPEALING CHAPTER 29
"LAND DEVELOPMENT", IN ITS ENTIRETY; REPEALING CHAPTER 33
"ZONING APPENDIX", IN ITS ENTIRETY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances ("Code") in order to update
regulations and procedures to implement municipal goals and objectives; and
WHEREAS, Article VII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities with the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such purposes; and
WHEREAS, the City Commission desires to amend the Code in order to adopt a
comprehensive amendment to the City's land development regulations known as "OneCode",
which will unify regulations of zoning and land development within the current Code of
Ordinances to create a single set of land development regulations (the "Land Development
Code"); and
WHEREAS, the City's unified Land Development Code is proposed for adoption
through a separate ordinance, which has been considered concurrently with these proposed
amendments to the Code; and
WHEREAS, to implement the unified Land Development Code, the City Commission
finds it is necessary to reorganize various chapters, articles and divisions of the Code, including
the repeal of certain articles, divisions and sections which are no longer required, or are replaced
by regulations adopted within the Land Development Code; and
WHEREAS, the City Commission finds that the adoption of the unified Land
Development Code, and the proposed amendments to this Code, will create a more cohesive and
comprehensive regulatory scheme which provides for ease of use and application; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed these proposed provisions and recommended their approval to the City
Commission; and
2 ORDINANCE#2010-019
WHEREAS, pursuant to law, notice has been given by publication in a newspaper of
general circulation in the City, notifying the public of this proposed ordinance and of the public
hearing; and
WHEREAS, a public hearing before the City Commission was held pursuant to the
published notice described above; and
WHEREAS, the City Commission finds that enactment of these revisions through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purposes, goals, objectives, and policies of the City's Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH,FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Article IV "Code Enforcement" of Chapter 2 "Administration" of the
Code of Ordinances is amended as follows:
Sec. 2-72. Applicability.
The Dania Beach Code Enforcement Special Magistrate (the "magistrate") shall
have jurisdiction to hear and decide cases involving alleged violations of the
following codes:
Chapter 2.5, Adult Entertainment;
Chapter 3, Advertising;
Chapter 5, Animals and Fowl;
Chapter 6 Beaches Parks Waterwa s and Recreation;
Chapter 7, Bicycles;
Chapter 8 Buildings;
p � s•g �
Chapter 11, Fire Protection and Prevention;
Chapter 12, Flood Damage Prevention;
Chapter 13, Health and Sanitation;
Chapter 14, Junked and Abandoned Vehicles;
Chapter 15, Business Tax;
Chapter- 16, Mobile Living Units;
Chapter 21, Sales and Auctions;
Chapter 22, Streets and Sidewalks;
Chapter-24 Theaters;
Chapter 25, Division Six, was ner^eW and Rem ation ' Vehi Taxis, Busses,
and Other Common Carriers;
Vegetation;Chapter-26,
Chapter 27, Water and Sewers; and
3 ORDINANCE#2010-019
-16. 28, , All provisions and regulations of the Land Development
Code of the City of Dania Beach, Florida as it is now existing or as it may be
amended by ordinances from time to time and including ordinances or resolutions
adopted under Chapter 28 that approve site plans, variances or special exceptions.
This shall include but not be limited to noncompliance with any element of an
approved site plan and the conditions of approval, if any, which may be attached
to the approved site plan.
Section 3. That Article I, "In General," of Chapter 2.5 "Adult Entertainment Code"
of the Code of Ordinances is amended as follows:
Sec. 2.5-2. Findings.
(26) Licensing is a legitimate, reasonable means of accountability to ensure that
operators of adult entertainment establishments comply with the reasonable
regulations within this chapter and the location requirements of ,
31 e fthe Cit y G^ao section 115-50 of the Land Development Code , and to ensure
that operators do not knowingly allow their establishments to be used as places of
illegal sexual activity or solicitation.
Sec. 2.5-6. Definitions.
In this chapter, unless the context suggests otherwise, the following terms mean
and are defined as follows:
(2) Adult bookstore/adult novelty store/adult video store. See ehaptor 28, a f fi In
3'�eefien 3 1.10; Sec. 115-60.
(5) Adult dancing establishment. See ehapter-4 affiele 31, seetie" 3'.'0. Sec.
115-60.
(6) Adult domination and submission parlor. See ehapter-4�tiele 31, se^G�iIVn
31.10. Sec. 115-60.
(7) Adult entertainment establishment. See Sec. 115-60.
a. An adult theater-, adult beekster-e/adult novelty ster-e/adult videe stefe-,
adult
aC adult
deminafier� an c ubmissie r�ns•1.er -Ad-tilt .anr,n*-
> > 6
4 ORDINANCE#2010-019
nLInatemieal RT�riG�LV�iIL=l bby p CtITISs, i21LI , ,
> ions,fnedeling studies, or-lingerie studies.
b. Eyceludpl fr-Am this definitien are edueational institutions, as defined in
n An establishment
that possesses a adult nftnrZarffnen4 1inot�c.o
presumed
resume to be a adult
e tortninme t estab ishmaft
(8) Adult material. See . Sec. 115-60.
(9) Adult mini motion picture theater. See ehapter- 24,-at4iele 3-1, seetion 31.10.
Sec. 115-60.
(10) Adult motel. See . Sec. 115-60.
(11) Adult theater. ^„ estab ishmen4 operated
perate for
nemmorninl Waif, that eensists
of an enelesed building, or-a peffien or-part of sueh a building used fer i i "" &
adult 1, 11 f, tf 11 „ II
material. >
adult mini ffl..�Ptiem.
ntwe theater " and "adult
motion
t t +oral are ifseluded within
i n
�C'iCLTi�CIIGTii , �'CI��Fi�e-LIIea'C GC�Yrr 111
definition of
Ifadult 11 AR establishment that has 11adult 11
is
eensider-ed te be an " ." See Sec. 115-60.
(30) Specified anatomical areas. See Sec.
115-60.
(33) Specified sexual activities. See Sec.
115-60.
Sec. 2.5-41. General requirements.
(a) Each adult entertainment establishment shall, regardless of whether it is
licensed, observe the following general requirements:
(4) Conform to all applicable zoning regulations and land use laws, whether
state or local, including but not limited to terz' 8, aAiele section 115-50 of
the Land Development Code (location restrictions); and
5 ORDINANCE#2010-019
Section 4. That Article I, "In General,"of Chapter 4 "Alcohol"of the Code of Ordinances is
amended as follows:
ARTICLE I. IN GENERAL.
Sec. 4-3. Proximity of one business to another.
Sec. 110-50, "Proximity of alcoholic beverage establishments to other establishments and
uses" of the Land Development Code, shall regulate proximity between alcoholic
beverage establishments. No lieense shall be issued to sell my aleehelie or- ifitexieating
wine,beverages, exeept beer- and >
tmde
J ions of the state beverage 1 1 , plaee ef business leeated withit. .... tlwusmd
(1,000) feet by fellewing the sher-test fetAe by pedes4rian travel, measured from mai
lieense is renewable, at stieh leeatien; provided, however-, that the owner- be vested right
of a heense to do business within the pfohibited area may tFansfer- the lieense to ane
Section 5. That Chapter 6 "Beaches, Parks and Recreation" of the Code of Ordinances is
amended as follows to rename this Chapter as Chapter 6 "Beaches, Parks,Waterwas and
Recreation" and to create Article IV "Regulation of Marine Vehicles in City Waterways":
CHAPTER 6. BEACHES,PARKS,WATERWAYS AND RECREATION.
ARTICLE IV. REGULATION OF MARINE VEHICLES IN CITY
WATERWAYS
Sec. 6-42. Regulation of city waterways.
A Authori of ci to regulate waterways. The city shall have the right to
regulate the use of all waterways within the city limits and the conduct of all
persons using same, consistent with and not in conflict with federal or state
regulations. All ordinances of the city regulating the conduct of persons on land,
shall apply to persons using waterways, insofar as same are properly applicable.
(B) Compliance with article. For the protection of property owners, the general
public, and owners and operators of watercraft in the city, all watercraft of any
docked or anchored at any lace in the
type whatsoever, operated on or moored, p
'r canals, rivers, bays or waters within the corporate limits of the city and the
6 ORDINANCE#2010-019
owners, operators, or occupants thereof, shall be governed by and observe the
provisions of this article.
(C) Responsibility for violations. The owner or operator of a boat is responsible
for all violations committed with the same. In the event that the operator cannot
be determined or no one will admit to being the operator, the boat will be
impounded immediately at the nearest licensed marine facility until such
determination has been made.
(D) Boats to observe health and sanitation rules of city; disorderly conduct, etc.
on boats. All boats or vessels docked, moored or tied to land, docks, piers or
wharves, abutting the public waterways in the city shall observe all the health and
sanitary regulations of the city, and all ordinances of the city relating to the
conduct of persons and prohibiting acts contrary to public health, morals, safety or
public peace, including ordinances prohibiting disorderly conduct and loud and
boisterous noises which disturb the peace of the neighborhood.
(E)Habitation on vessels prohibited. Boats docked in residential areas cannot be
used for habitation. As used herein habitation means overni hg t occupation by one
or more persons while the vessel is moored, docked or anchored in any public
waterway lying within the city.
(F) Rafting Rafting of vessels in residential areas of the city is prohibited.
Rafting is defined to mean the mooring or securing of two 2) or more vessels
together, side by side, by line, cable or other device and moored or secured to any
boat slip, dock, pier, wharf, dockage space or facility. This definition shall not
include any vessel secured on davits or any other hoist, if such vessel is not
located in water.
(G) Dockage. No watercraft shall be docked or anchored adjacent to residential
property in such a position that it extends beyond the side property lines of the
property or is of such length that when docked or anchored adjacent to such
property it extends beyond such side property lines, unless the adjoining_property
owners agree to such extension.
(H) Mooring. Boats, vessels or watercraft moored to mooring structures shall not
extend to more than thirty (30) percent of the width of the canal or waterway
measuring from the recorded property line.
(1) Mooring and beaching;permission required. No vessel or watercraft of any
kind whatsoever shall moor to or tie up to a seawall or mooring structure or be
beached upon property within the city limits without the permission of the owner
thereof, provided, however, that nothing herein provided shall be construed to
prohibit vessels or persons in distress from mooringto o or tying up or beaching on
private property to protect life, limb or property.
(J)Excessive operating noise. No operator shall cause excessive noise in the
operation of his boat or in operating blowers or noisy machinery.
(K) Use of vacant lots adjacent to docking for cooking, washing, etc. Where
watercraft are docked or anchored adjacent to a vacant lot, such lot may not be
used for cooking of meals, washing of clothes or persons, bathing, shower
bathin s�ging_out washing, erection of tents or canvasses, stringing of lights,
or for any use not permitted by the zoning or building regulations pertaining to
such lot.
7 ORDINANCE#2010-019
(L)Repairing, remodeling, etc., boats; cleanliness of premises. Repair and
maintenance of watercraft in residential areas shall be permitted when such repair
or maintenance is routine or minor in nature and does not involve major exterior
alteration, rebuilding complete refinishing, or removal of machinery, or the use
of power tools (other than small hand-held power tools such as screw drivers or
drills) and equipment ,such as auxiliary power units or diesel generators, in such
repair or maintenance.
(M) Using boats as places of business. No vessel or watercraft of any kind
whatsoever, moored, docked, or upon any of the publicly-dedicated waterways in
the city shall be used as a place from which any business or professional services
of any type whatsoever are conducted, unless approved by the city commission.
(N) Hanging wearing gpparel on outside of boats. No washed clothes or other
wearing apparel shall be hung on the outside of any boat docked, moored or
cruising within the corporate limits of the city.
(0) Regulation of vessels anchored in public waterways.
(1) It is unlawful to anchor or moor in the public waterways of the city in
excess of twenty-four 24) consecutive hours, except in an emergency
situation.
(2) In the event of an emergency situation, the owner or occupant of the
vessel shall immediately contact the appropriate authorities and inform
them of the nature of the emergency and the amount of time required to
remedy the emergency situation. Upon abatement of the emergency, the
vessel may anchor or moor under permit in a designated area.
(P)Leaving boats on public beaches. It shall be unlawful for any person to leave
any boat or watercraft overnight on the public beaches within the corporate limits
of the city. In the event any boat or watercraft is found in violation of this
section, the city shall have the immediate right to have the vessel removed and
impounded at the nearest licensed marine facility. All costs for towing and storage
will be assessed to the owner at the city-approved rate scale. If the boat is
unclaimed after ninety (90) days, it will be sold with the proceeds pang for
charges incurred and the remainder going to the city. Failure to act on the part of
the owner waives all liability of the city for any damage resulting from such
towing and storage.
(Q) Garbage disposal. It shall be unlawful for any person to dump or throw, or
cause to be dumped or thrown, age,papers, bottles, cans, refuse, petroleum
products, or other debris into the waterways. All watercraft moored or docked in
the waterways within the city limits, shall provide garbage cans of sufficient
capacity (not larger than thirty [301 gallons with tight fitting tops to hold garbage
or refuse to be collected by the sanitation division.
(R)Recognition of the State of Florida, U.S. Coast Guard and U.S. Army Corps
of Emaineers rules and regulations. All watercraft in or on the waterways of the
City of Dania Beach are charged with knowledge of and compliance with all
registration requirements, rules and regulations of the State of Florida, Broward
County and the U.S. Coast Guard as applied to documented vessels and U.S.
Army Corps of Engineers governing boats, docks and waterways, all of which are
incorporated in this Ordinance and made a part of it by this reference.
8 ORDINANCE#2010-019
(S) Compliance with State of Florida Rules and Regulations governing
licensing•, operation and title certificates of boats. All operators of watercraft are
hereby charged with knowledge of and compliance with all established rules and
regulations of the State of Florida governing the licensing, operation and title
certificates of boats as set forth in Chapter 371, Florida Statutes.
(T) Unsightly or badly deteriorated boats prohibited. No boat or watercraft of
any kind which is found to be of unsightly appearance or in badly deteriorated
condition or which is likely to cause damage to private or public property or
which may be a menace to navigation, shall be permitted to moor or tie up in any
waterways within the city except that boats or watercraft of unsightly appearance
or in badly deteriorated condition may moor at licensed marine facilities for the
purpose of repair.
(U) Abandonment. It shall be unlawful for any person to abandon any boat or
watercraft in the public waterways within the corporate city limits of the city or to
moor the same in a manner as to cause such watercraft to be or become a menace
to navigation.
(V)Penalty for violation.
(1) In the event any boat or watercraft shall be declared in violation of this
section so as to be a menace to navigation, the city shall have the
immediate right to have the vessel removed and impounded at the nearest
licensed marine facility. All costs for towing and storage will be assessed
to the owner on the city-approved rate scale. If the boat is unclaimed after
ninety (90) days, it will be sold with the proceeds paying for charges
incurred and the remainder going to the city. Failure to act on the part of
the owner waives all liability of the city from damage resulting from
towing and storage.
(2) In the event any boat or watercraft shall be declared in violation of any
other provisions of this section, the building official or a code enforcement
officer shall notify the owner or authorized person in writing and shall also
post a notice upon the boat and give him a thirty-day_period to correct the
violation. If the violation is not corrected within thirty (30) days, the city
shall have the right to have the vessel removed and impounded at the
nearest licensed marine facility. All costs for towing and storage will be
assessed to the owner on the city-approved rate scale. If the boat is
unclaimed after ninety (90) days, it will be sold with the proceeds paying
for charges incurred and the remainder going to the city. Failure to act on
the part of the owner waives"all liability of the city from damage resulting
from towing and storage.
Section 6. That Article I "In General", of Chapter 8 "Buildings" of the Code of
Ordinances is amended as follows:
ARTICLE I. IN GENERAL.
9 ORDINANCE#2010-019
permit.See. 8 4. Site plan as eondition to building
A site plan sha4l be required as a eendition to the of a building pefmit.
The applieation for- site plan approval sha4l be ae d by a sufvey and- land-
indieate the following suffieien4ly for- eensider-atien of visual, safety and-
eeenomin fnntn,rn•
(a) Dimensions and orientatien of theapar el
(b) Leeation of buildings and stfuetwes, both existing and
ineludifig
p � 7
sides+Y�-Aiis
dedinntions requifed to handle the in generated
enerate by the proposed
■Ines•
c�ili�� V1Tt GRIT r �
Leeation of
points
of
entry and it for motor vehinlen and interr�
nirn»lntion p ttern
(f) Leeation of walls and fenees and the indieation of their height and
materials of
their ee stfue-ti on;
possible hazards and distwbanees to the publie and adjaeen4(g) indieation of ex4er-ior- lighting standards and deviees adequate to review
l
Grading and' slepes where they affeet the relationship of the buildings;
(k) in iea++ia�n ef the heights e f buildings l dings and
n stme ffes;
above,(1) indieatien of the proposed use ef the buildings shevv%en the site-,
(m) Sueh other- ar-ehiteetufal and engineering data as may be required to pe
neeessar-y findings that the provisions of this Code are being eemplied with;
(n) Any of the above requir-em nis may be waived by the dir-eeter- of eemmunity
development, if the difeeter-deems the information to be nonessentiak;
(e) Where an attaebment of minor- addition to an existing building or stmetur-e is
pr-opesed, the site plan shall indieate the relationship ef sueh proposal to
existing develepfnefA;
(p) That in addition to the site plan speeifieatiefis stated
the elevation
all sides of all stfuetwes leeated on the plan must be shemogn with enough
plans mulst. be approved by the eity ee All site plan apprevals shall
autefnafiea4ly A id beeeme null and void unless the appli.eant files a-
grant an exteasien if the applieant submits the extension request ��ifi thifteen
single family hemes) and the applieant ean demenstr-ate geed eause fer-the delay.
10 ORDINANCE#2010-019
Good eause may
delay eattsed by
> bu4 shall not be limited te,
..r- extensien ef site plan approval before its expirati
date will be tr-ea4ed and pr-eeessed as a site plan amendment. Any request to
review a site plan appr--eval w-hieh has exPir-ed will be treated and pr-eeessed as
(q) All appheations for- site plan approval shall fifst be r-eviewed by the p!
and
n zoning beard and
n the eity n .c.c.. a; an
area.(F) The fellewing buildings shall be exempt from site plan
(1) Single family; and
A building pennit for- a site shall net be issued until an approved plat ef the real
emeept a plat shall fiet be r-equifed for- additions or- alterations te an exist'
Str>>
See• • pools.
e reeer- er- of every siwithin the eit-y on w-hieh there is eenstfueted-a
Fting peel se that per-sons desifing to use the swim ing peel faeifi:�y may
enelesur-e may be either-a fenee, ser-een er-wall or-,where the swimming peel i
inside - i - i g peel eenstmeted as an ifAegr-al paft of some building unit,
walls of the building tmit may eensfitute a paft ef the enelesufe. All gates or- et
shall
be maintained in a leeked eendition when .
iing pool tmiess the plans make previsions -for- an efielesufe ef the type
describe i this seetion
Sec. 8-8 4. Interim general services fee established.
Sec. 8-9 5. Vacant multiple living units to be secured.
Sec."6. Vacant residential units to be secured.
11 ORDINANCE#2010-019
Section 7. That Article II "Property Standards" of Chapter 8 "Buildings" of the Code of
Ordinances is amended as follows:
ARTICLE II. PROPERTY STANDARDS.
Sec. 8-21. Minimum standards for dwellings, hotels and roominghouses.
(5) Maintenance and appearance standards.
(d) Except as herein provided, live vegetative material shall provide complete
coverage of the entire yard area exposed to public view. Height shall conform
with all applicable city ordinances. Play areas, gardens, flower beds, unpaved
driveways, walks, ete. not intended- have-and similar areas with a specific use
that precludes or is hindered by vegetative cover should be clearly defined and
maintained free of uncultivated growth. Yards not using vegetative cover must
use a material that meets all city codes, and such material must be maintained free
of uncultivated growth. Installation and maintenance of non-vegetative cover
must be in accordance with a Landscape Plan approved through Article 275 of the
Land Development Code, as applicable. If no such approved landscape plan exists
for the property, installation and maintenance of non-vegetative cover must
conform to the standards set forth in the City's Landscape Technical Manual
established pursuant to Article 275 of the Land Development Code. Property not
meeting these standards will be considered deficient. A blighting influence on the
surrounding neighborhood in violation of this section will exist if more than
thirty-three (33) per cent of the yard area visible from any single vantage point off
the property is deficient.
Section 8. That Article VIl, "Paving of Private Property" of Chapter 8 "Buildings" of the
i
Code of Ordinances is repealed in its entirety.
Section 9. That Article VIII, "Excavations"of Chapter 8 "Buildings" of the Code of
Ordinances is repealed in its entirety.
12 ORDINANCE#2010-019
Section 10. That Article XII, "Emergency Generators"of Chapter 8 "Buildings" of the
Code of Ordinances is repealed in its entirety.
Section 11. That Article XIII, "Storm Shutter Regulations"of Chapter 8 "Buildings" of
the Code of Ordinances is amended to read as follows:
ARTICLE Ville EXCAVATIONS.
ARTICLE 1X VII. EMERGENCY ALARM SYSTEMS.
ARTICLE X VIII. SATELLITE DISH ANTENNAS.
ARTICLE IX1. HISTORIC PRESERVATION.
ARTICLE X11. EMERGENCV GENERATORS.
ARTICLE X1H. STORM SHUTTER REGULATIONS.
Sec. 8-185. Storm shutters placed on structures certified for occupancy.
Storm shutters as defined and set forth in the Florida Building Code, are encouraged for
all structures certified for occupancy in the city. Any permanently installed storm shutters
shall be installed and designed in conformance with the standards set forth in the Florida
Building Code, as amended from time to time.
Sec. 8-186. Storm shutter placement.
(1) Consistent with the pr-evi i 4- wding stefm shu#er-s as defined and set fefth in the
Per-ied *LAIL of thifty (30) eenseeutive days and they must be removed er- opened
after that period of time,unless.:
For the period of December 1 through May 31, storm shutters shall not be permitted in a
mounted or closed position, unless:
(a) At least tNve (2) means of nd egress sueh as deer-s and windows are
provided and r-emain tin -43.4.1e.ed and at least one stieh means of in,.ess and-
pr$yided for- eaehbedfoe m efThere is a hurricane or tropical storm
watch in effect for Dania Beach outside of the designated hurricane season. The
shutters shall be removed and properly stored, or in the case of permanent
13 ORDINANCE#2010-019
accordion or roll-down shutters, unsecured and fully open within thirty (30) days
from the date the hurricane or tropical storm watch is issued, or
(b) Storm shutters are used as a method of securing commercially zoned
buildings and structures and their contents from theft or other illicit acts, provided
that:
1. The shutters shall be employed only during non-business hours, which
must be clearly posted and visible on the exterior of the structure, whether
or not the shutters are in the closed or open position, and must contain a
contact phone number in cases of emergency, except as provided in
subparagraph(b), below.
2. Shutters shall not be employed upon building or structure facades that
are visible from any arterial or collector street designated in sec. 510-20
(principal arterial commercial design standards)of the Land Development
Code
(2) Duringperiod from June 1 to November 30 of each calendar year (the Atlantic
Hurricane Season), storm shutters are permitted to be in a closed position for a period of
thirty(30) total days per calendar year hurricane season, after which they must be
removed and properly stored, or unsecured and opened (in the case of permanent roll-
down and accordion shutters), except as follows:
(b) (a) A hurricane watch or warning is issued and applicable to the city and
occurs during the thirty LaQ -day period, at which point the thirty 0 -day period
will begin anew the day after a hurricane watch or warning has been lifted; or
(e) (b) Hurricane conditions are expected to occur within thirty-six (36) hours
after the thirtieth 3( Othjday; or
( ) fc The structure is used for residential purposes, but no person is in
residence, and shutters will be deploy for a period in excess of thirty (30)
consecutive days, except that < shall
still apply
du-inn
Notice of the
dates the building will be vacant shall be provided to the code en fe ,.ow,o„+
compliance division of the city on forms provided by that division. The
information required on the forms shall include, but not be limited to, the
following: name of resident(s), address of residence, type of shutters, emergency
contact number(s), and dates that the residence will be vacant.
(d) Occupied residences may deploy storm shutters in excess of thirty (30) d4ys if,,
at least two (2) means of ingress and egress such as doors and windows are
provided and remain unobstructed and at least one such means of ingress and
egress is provided for each bedroom, or
(e) The building or structure is located within a commercial or mixed-use zoning
district, and the portion of a building or structure to be shuttered is used for
nonresidential purposes, but is temporarily unoccupied, during which time storm
panels may be deployed for a period not to exceed forty-five 45) days,provided
that notice is provided to the code compliance manager, in writing,prior to the
employment of the shutters or panels. Such notice shall include the telephone and
14 ORDINANCE#2010-019
email contact information of the owners or tenants while they are away, as well as
local contact information for a person who is authorized to remove the shutters or
panels should the extent of leave from the premises be longer than permissible
herein.
(3)(0 With refe-nee to The building or structure is located within a commercial
or mixed-use zoning district, and employs stmet whe
use storm shutters
during non-business hours as a method of securing the business and its contents
from theft or other illicit acts, thir,�Ae ' by v.o,mit4e eal a,,,.;„g non-,
provided that the business hours, whie
miITI't7e are clearly posted and visible on
the exterior of the structure, whether or not the shutters are in the closed or open
position, and must eentain that a contact phone number in cases of emergency is
posted next to the business hours. Shutters shall not be employed during
business hours along_fagades that are visible from .any arterial or collector street
designated in sec. 510-20 (principal arterial commercial design standards) of the
Land Development Code .
(4) (D While plywood boards are a permissible type of emergency storm shutter device
under the Florida Building Code, such emergency shutters shall be removed within seven
(7) days after a hurricane watch or warning has been lifted, whether or not any person is
residing in the residence.
Section 12. That Chapter 10 "Coin-Operated Devices" of the Code of Ordinances is
amended as follows:
Sec. 10-2. Skill maebi„es Mechanical amusement device defined.
As used in this chapter, --e"3er-ated-sal i'luevi^e, eemm,my ealled
a pinball,
mafblG
maehine and the like, is deAned as any maehine whieh is played strietly for amusement
> and whieh,
when played e
natwe or kind. -"a "mechanical amusement device" shall have the meaning defined in
article 725 of the Land Development Code.
Sec. 10-3. Amusement devices other than s1d11 mnehines mechanical amusement
devices defined.
As used in this chapter, coin-operated amusement devices other than skill
mechanical amusement devices are herein defined as machines which produce or
reproduce music, or return entertainment or amusement for a consideration. This
definition is supplemental to the definition of skill mechanical amusement
devices as provided in section 10-2.
Sec. 10-5. License application.
Before any person will be entitled to obtain a license under the provisions of this chapter
such person must submit an application to be obtained from the Local
15 ORDINANCE#2010-019
Business Tax Division, for a license for placement of coin-operated machines. fer
eontain ther-ein the name, age, plaee of r-esidenee and brief baekgr-eund history of
applioant and his asseeiates, together- with the name or- proposed name of the business-,
business address or- proposed business address of the appheant and the number- 4
maehi es and devieesheintends to operate or distribute. The applicant shall provide all
information requested in the application, including the types and models of machines, and
the names and addresses of the businesses at which the machines will be located.
Following review of the application by the City's Code Compliance Manager, the City
Manager shall determine whether the applicant has produced all required information
including valid state licenses, and may approve the license upon payment of all fees
required under section 15-12 of the Code of Ordinances.
fingerprints.
The applieaRl for- a hee " .red by this ehapter- shall submit with the applieation
names and plaees of r-esidea.neva of five (5) > residents of the eity,
shall be a eendifien pr-eeedent to the isstmaee of any sueh keense to be on file with
if after-due eensider-atien by the eemmission on the basis of an examination of his past of
present aefivities it is detennined that the applieant for- a heense hereunder- is Of
undesirable or-unfit ehar-aeter-, the lieense will be refused.
Sec. 10-86. When licenses due and payable; part-year licenses prohibited.
Sec. 10-97. Felons not to be licensed.
Sec. 10408. State and county licenses prerequisite.
Sec. 10449. Confiscation of unlicensed machines.
Sec. 104210. Serial number on license, attaching to machine; transferring.
Sec. 104-311. Inspection of machines.
Sec. 10-4 412. Specific regulations for skA muehines mechanical amusement devices
16 ORDINANCE#2010-019
Any and all coin-operated skill mac-hines mechanical amusement devices as defined
herein shall be subject to the following provisions:
Sec. 10-1-513. Gambling devices not authorized; effect on telephones, stamp
machines, coin lockers.
Section 13. That Article IV "Garbage and Trash" of Chapter 13 "Health and Sanitation"
of the Code of Ordinances is amended as follows:
ARTICLE IV. GARBAGE AND TRASH.
Sec. 13-75. Dumpsters.
Garbage dumpsters shall be regulated in accordance with Article 290 of the Land
Development Code.
(a) Intent it is the intent of this seetien to regulate the leeation and eenstmetien of bulk
een4aifler enelesur-es in a mapmer-tha4 promotes the publie health and safety and lessens of
♦7ter- shall ll be pl eed for- eellee n r»>rr �n n leeatTVi eas
approved
earlier- than twenty fe� (24) heur-s prior- to eelleetion. The dumpster- shall
returned te its approved enelesur-e er- leeatien en the same day tha4 it has be
sere ee for-
eellee fien
nor.+nir»r.rt fou
r l41 or loc.c. dwelling■iv»+c+
TIM-
efleiesz fee.
a. Any dvR
development
1"`1
4-1 site Pla
r-eview.
b. Any existing multifamily r-esidentW use (eyreluding tevaihouse uses)
existing on site par-king spaees.
17 - ORDINANCE#2010-019
effeEtive date of seetion, eh are visible
b. Trash eempaetien systems approved pufsuant to site plan r-
(3)M- Z.E aeh enelesufe
shall
provide a irim■■m tors feet nterief
length and width subjeet to the fellewing additional requirements. Eaeh efielesufe
shall provide a minimum of twelve (12) inehes ef elear spa-ee between eaeh sid-e
enelesufe, or any other- dumpsters within that same enelesur-e. The dump
shall not eyceeed five (5) feet five (5) inehes in height. The enelesufe sha4l be six
that If' tl
> > 7
zoned properties shall b-e
pennit4ed d*mpster-s up to seven (7) feet in height, provided thee enelesu s must.
no��or. no v
be
�� l71 t ni (6) ini. on re� in
height.
not be leealed in sueh a manner- that the serviee 3vehiele will bleek any roadway
(5) Gates. All enelesufes shall have ga4es and their eenstmetien shall be E&
stufdy fnetal ffame and hinges with an opaque faeing material eensisting of w
or- ether- solid material. Metal er- plastie slats insefted in ehain link shall
prohibited. Servieing gates sha4l i A te ga4e steps and- latehes that af-e
funetional in the Pall open and elesed positions. Gates that swing out ffem
eentainer- shall be set baek ffefn the pr-opefty line at least a distanee equal to
width of the gate. Hinge assemblies shaJ4 be str-eng and durable so that aeeess and
for new nomesidential development. A maze style opening is an epaTle. wall of
fenee tha4 ean be leeated no more than fefty eight (48) inehes and ne less th
no more than fer-ty eight (48) inehes and ne less than thifty siyc (36) inehes in
•i r+
or- any existing
7
garbage,hardened paving system. A serviee aeeess drive for the pufpese ef r%-r
but
liquid waste or- food 4em feed handling operations >
waste,not limited te, bakeries, fnem pro . 4-1 A ilan4s,, or- any business establishment
where it is detefmined that garbage, liquid or- feed will be >
slab, >
provisions of the Fierida Building Code.
18 ORDINANCE#2010-019
i
III
whenever-the pavement s.TCI" etffe deteriorates.
remain..nlese at
all times ovnor.+ when
garbage, f,�'�waste may
be leeated anywhere on the site eKeept in a dumpster- designed and approved
mnc.onrcr, st„nne eenernto blenlr7 .ter ci1 duff Flo or. any n�ut�1y n o f th �
elements. Ga4es shall be eenstmeted of. e:mAcillp. ma4er-ia4s in the manner- provided
ubetnlel(G) n1,oye.
units,A ing site pl�� shall be detefmined pufsuant to the site plan review pr-eee
The 1.0emition ef enelesufes fef uses net requiring site plan review shall be detefmined by
upon submission of a site plan er- sufvey showing the leeation of the building, the numbef
and leeation ef living let size, >
leeation of par-king
> the laeatien,
eneles'ufe en site-
Shared--beAveea GrtZes.. —En6l c„ronenefer- er- ore
dumpster-s may be leea4ed along or-aer-ess adjoining pr-opefty lines, and may se
the enelesufe.
adjaeent to par-king areas, regardless of building setbaek lines. The applieant shall
be neeessar-y to provide
o fir the enelen„ro.
felloccrinrr no+bnnkc,•
+i Five
l5l foo+ frr,m any
r,ev,roc„rl or,+,nllcr zoned
rirer,or♦cr
iit• Twelfity Tic 25) feet
Gt frem any s4ee .
�i uz Twenty five
1751 f004 fr�m nr�cr roc+irlo�+in „r,i+
1v. l .
existing development if there is ne ether-feasible lee-ationffetv the enelesuf-e-.
19 ORDINANCE#2010-019
than
one
h fifty ('_")—€eet ffa 7T on site dwelling unit
(a P
rlot�ol.,»mn»t o»l�s� \-
twenty five (25) feet from any on site dwelling unit or- outdoor r-eefeation area
(new development only).
thirty (30) degrees and r-eeessed off the alley . ately six (6) feet (r-eeessing
the enel eeessafy so that gates do not open in4e the a4ley so as to ebstfue4
rr,n nnd so that adequa4e •g 4 i^listn»no ean be preserved).
Appeals to the eity eem -hall be in aeeer-dane-e with seetion 2 13 of the City Ged-e
V nr ees.
(2) Where te file. Appliea4ions shall be filed with the eofnfntmity developm
AO»nrtfne t on
Ti�fumishpLl_by t ent
Gu�V� GI7 I2C. '
upon submission of an applieation.
r oeumo»4ntio •
a. t1 site »l.,» er sufyey showing the le,a » of the building, the nt ffn r
the
and lee do of li i».t „»;4n' lot size,emir esed lands""ricLping-,,
the number- and leeatio» of parking panes:and a lens • » c,�rc�We
v�.�7, ritT , LTYlriG
ffequeney and eap-Beity of the existing and proposed dumpster-eentainers,
. t�Teiwittea-nafFativa of altefna4e
waste
disposal n»rl r,he ns
m manage e t epti ens eensi dere or available l abl a��n.»d the reasons why th
question.options are not feasible, suitable or-desirable for-the leeation in
,
of the enelesufe onthe site may
Lr+�—+T-e�t[i^, d_. The aetie of the�eity nemmissieSI
shall be bAg r.e» nGQII"�r"iCL1oi1-vf�11f€V'SiVwln�€e.CCeIT. c.ii
' impaet on abutting 7
b. Whether the a»»linan4', »ror,esa adequately serves goals and i»to»4
of this non+i n»• and
• Site lifnitatiens relating to size, di >
> , >
7
ef eeler, an appeal may be made to the eeamnunity development dir-ee
(1) Ti e ,nn iy ln The eyiner of n tr"nt of land Vfa -CC'CI' her—ize l agGiT�
(2) Where te file. Applieation. s shall be filed iN4th the eemmunity developm
department r ft,r»ic.horl by the rlo»n �.,+
r6 '^ waiver Two hundred dell—Ans ($20-0-00), payable upon
fA.
'�
submission ef an applieation,
20 ORDINANCE#2010-019
h»ilding
'Kll Klll VVG.. mV �T'�rhebrd 1lnnt1An of living „r»tn, tot ys1tea e-Hrc` yrrAndrrprnthe number- and leeation of paFking 1 and the leeati ee
17 1
deve-lopment dir-eeter grants the
1
site,observe eeftain eenditions sueh as providing additional lands the
Of
a s peei fi n plaeem efA er on a tnti er, of
dhe enel 1sufe ter, Ito m be
ror„iiro�•
The nntio of the dironter chat be based�TI„po eensidorn�ti7Zon 1of the �i�4lewing
111V L1V11 V1 {.11V <.L1IVVCV � �,[Cj'LT��'r��
fn n1�LZT7ST
• .f
• Whethef the applieant's pfopesal adequc-Aely serves the goals and intent
this eC+ion; and
n Site l,mitntiens r-el tingto c„�di i, * �
t'• �.1i1i1i7i�i r r�nr�,r,R
wit', the enel ,n„ro roiA irome is e f this
seetio by Deee ber-31-2008,
with 1{.11 the V V V .f
Section 14. That Chapter 16 "Mobile Living Units" of the Code of Ordinances is
repealed in its entirety.
Section 15. That Article I "In General" of Chapter 17 "Offenses—Miscellaneous" is
amended as follows:
ARTICLE I. IN GENERAL.
Sec. 17-19.1. Enforcement.
(a) Arrests. The building official of the citesgiven the power and duty of
enforcingprovisions of this chapter and of making all reasonable rules and
regulations to carry the provisions thereto into effect, said rules and regulations
promulgated to be approved by resolution of the city commission; and the
building official, as well as each law enforcement officer, shall have the power to
make lawful arrests for the violation of the provisions thereof, and to prosecute
offenders in the appropriate court. In case a violation is not committed in his
presence or cannot be detected by his observation, the building official may
require affidavit of any complaining_person with assurance that such complaining
witness will appear to testify at the trial, before proceeding with the prosecution.
The provision of this section may also be enforced by any member of the law
enforcement or code enforcement departments of the city or upon the affidavit of
any offended person.
(b) Obedience to lawful orders; resisting arrest. It shall be unlawful for any
person to resist arrest, by, or to willfully fail or refuse to comply with any lawful
21 ORDINANCE#2010-019
order of the building official, any law enforcement or code enforcement officer, or
other city official as may hereinafter be designated.
(c) Penalties. Any person or persons, owner or owners agent, or member or
employee of any firm, company or corporation who shall violate or permit to be
violated, or cause to be violated, any provision of this chapter shall, upon
conviction, be punished as provided in Section 1-8 of this code.
�I
Section 16. That Chapter 19 "Planning and Development" of the Code of Ordinances is
repealed in its entirety.
Section 17. That Article III "Garage Sales" of Chapter 21 "Sales and Auctions" of the
Code of Ordinances is amended as follows:
i
ARTICLE III. GARAGE SALES.
Sec. 21-42. Permits and fees.
It shall be unlawful for any person to conduct a garage sale in the city without
first filing with the clerk the information hereinafter specified and obtaining from
such clerk a license to do so, to be known as a "garage sale license." The fee for
such license shall be five aellafs ($5.0 as established by resolution of the City
Commission from time to time. Nonprofit organizations shall be exempt from the
payment of this fee. Garage sale signage shall comply with Sec. 505-170(I) of the
Land Development Code. A garage sale license shall not be issued to M person
with unpaid code enforcement fines or liens. Cross-reference: sec. 675-20
(temporary uses) of the Land Development Code.
Section 18. That Chapter 24 "Theaters" of the Code of Ordinances is repealed in its
entirety.
Section 19. That Division 6 "Commercial and Recreational Vehicles" of Article III
"Parking, Stopping and Standing" of Chapter 25 "Traffic" of the Code of Ordinances is
amended as follows:
ARTICLE III. PARKING, STOPPING AND STANDING.
22 ORDINANCE#2010-019
I,
Division 6 "r'ommer-eia and Reer-e tion l Vehicles Taxis, Busses, and Other
Common Carriers"
See. 25-120. Definitions.
trailers.The felle3A4ng words and phfases are defined for-the pufpeses of this division.:
Beat shall mean any eentrivanee designed to be pr-epelled thfough the wa4er-, or- any b
so heensed by the state, exeepting air-bea4s—.
Gemmereialwhiele shall mean any 3vehiele designed er- used, or- maintained pr-imafily
for- the tfmspeftafien of property an&er- per-sons fi9f hire, ineluding btA not limited to
;
buggies,a hoist or-ether-fneehaniea4 equipment designed to perfefm a similar-funetion, any vehi
mar-ki 4-. * ;ess of thfee (3) square feet per-side or-per-whiele top—.
Passenger vehiele shall mean only these vehieles designed, used of maintained pfimaFily
This does net inelude vehieles designed for- mass publie tr-aaspet4afien stieh as buses, nef
does it inelude speeial pwTese vehieles speeially designed primarily for- unustial teffain
and eenditions sueh as swamp layers,
provide tempemfy living quarters for-r-eer-eation, e A . � r tr-avel 4?eereatienal vehiek sha4l mean any vehiele or- portable stfuettffe designed primarily
wheels,
self powered of designed te be pulled by another-vehiele er-
a st-fuetwe designed te be fneunted upon and eaffied by anethef vehiele. This defiflitie i
> >
eamp bus or- heuse bus and tfue!K.
eamper-unit of walk in eapaeity.
Sigeeial purpes-e vehiele shall mean a whiele espeeia4ly designed primarily for- tmus
teffain and eenditions and are not usually lieensed fer- or-used en the p4lie read, sueh as
swamp buggies, steekear-s, air-beats, ete.
another-
This Tneludes beat tr`xlefs-
Sec. 25-41-120 . City manager to designate public carrier stands.
Sec. 25-442,121 . Stopping, standing or parking of buses and taxicabs regulated.
Sec. 25-4-23-122 . Restricted use of bus and taxicab stands.
See. 25 124. Parldng or tFueks, buses or- other- eommeFeial vehieles in residential
areas pFobibited-.
23 ORDINANCE#2010-019
(a) in any residential area or-
fifm or- eer-per-atien shall park or- eause
> >
streets,to be parked or-allow to be parked or- ooeupied on the pr-efnises of any �Jwpll - on any
let w-hieh is net a paft of any dwelling, either- of w-hieh is sit-Hated in a r-esidentia4 area e
distriet or in the id >
elassified as one ton by > bus, > >
means.(b) A.I.I. oefflm.-mer-ei 3vehieles, not pr-ehibited from par-king in r-esiden4ial areas by
publie or private read, or other legally permissible
means,other- legally pefmissible then said e �rn�`►m einlo, r�o4 p fo i`ed b y
rsubseetie (n) may park
in
the r�r^�ftho r-esi enee. V� G�P�
V�7 Q�rnra TAT„e. 2 Z 6 3 Z c A Z Q n. n,.a ?�T„ n} 7
28 97)
areas.
tAility trailers and/of beats
> trailers,
shall be parked in any residential area of distfiet eyceept as speeified by the tefms of t
seetiew.
(a) All r-eer-eational vehieles, beats and utility tfailer-s sha4l be parked or- ster-ed in
side yar-d or- r-ear- yar-d where weessible by al4ey, publie or- pr-iva4e read, er- other- legal4y
� sible means.
means,other- legally pefmissible
be parked er- ster-ed ea the driveway, met less than five (5) feet frem the ftent pr-eperty
line, per-pendieular- to the existing then, said reer-eational vehiele, beat or-utility tr-ailef, may
driveway. in no event shall any r-eer-eational 3vehiele, bea4 or-utility tfailer- be permit4e
be parked in the publie read right of way
feet in height shall bepefmitted te be parked er- ster-ed in any r-esidei#ial area or- distfiet-,
(d) in ne event shaH any beat eyreeeding twenty five (25) feet in length or eight (8)
emeept where parked on a paved eir-eul
roc.idon4W area
n.r dicr+rin4 nvnop4 in
n wholly
onnlec.od n•nrnrro
property,(f) No more than one u4ilit-y t-failer- and one r-eer-eational vehiele and one beat, sha]4 be
per dwelling unit,
ffmobile home"
I
shall be peffflit4ed t
parked or stered in a residential area or- dist-fiet. For- the puTeses ef this seetion, a
IImobile home"
t
designed to be used and eapable of being used witheu4 a pemianent fb�datien as -a
dwelling when eenneeted with utilities. This definition does net inelUde a 3VehieUla
er 3vaeatien.
24 ORDINANCE#2010-019
CAA /5
-.1 /6 DACItNIA*'f A110 on
11A NldM fi AA1111'f1ANA;Al and
M n ;n
residential .
The following r-estfietions apply to the par-king ef both W and reer-eatienal
vehic-des as defined in this a i��r
shall have affixed therrete a euffeady valid lieense tax and vehiele inspeetion Stie
registered to the ye i el e.
or utility tfailer- sha4l net be suppef4ed to any degree by eener-ete bleeks, jaeks or- any
(b) All vehieles hefein permit4ed shall be parked or ster-ed with all wheels and fir-es-
building. NothiflAg in this seefien shall prohibit any per-son fr-em maki 4-1 r-epaifs en
hem--period.
(e) No vehiele of stmetufe herein pefmit4ed shall be used as an aeeesser-y building, Of
> er affflef> to or- eleetfieal. ,
> in an situafi >
See. 25-M 123. Penalty.
Any person, firm, association, institution or corporation violating any term or provision
of this division shall, upon conviction by a court of competent jurisdiction, be liable for a
mandatory fine of not less than fifty dollars ($50.00) nor more than one hundred dollars
($100.00). Upon conviction for a third violation within a one year period, the mandatory
fine shall be not less than one hundred fifty dollars ($150.00) nor more than five hundred
dollars ($500.00) and/or imprisonment not to exceed thirty(30) days, or both.
Section 20. That Chapter 26 "Vegetation" of the Code of Ordinances is repealed in its
entirety.
Section 21. That Article VI "Sewer Subdivision Regulations" of Chapter 27, "Water and
Sewers" of the Code of Ordinances is repealed in its entirety, and the remaining articles of the
Chapter are renumbered as follows:
25 ORDINANCE#2010-019
REGULATIONS.ARTICLE Aq. SEWER SUBDIVISION
ARTICLE VI1. WATER AND SEWER SYSTEM IMPACT FEES.
ARTICLE VIII. STORMWATER MANAGEMENT.
ARTICLE IX VIII. DIRECTOR OF PUBLIC SERVICES.
Section 22. That Chapter 28, "Zoning" of the Code of Ordinances is repealed in its
entirety.
Section 23. That Chapter 33 "Zoning Appendix" of the Code of Ordinances is repealed
in its entirety.
Section 24. That Chapter 29, "Land Development" of the Code of Ordinances is
repealed in its entirety.
Section 25. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 26. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 27. That the provisions of this Ordinance shall become and be made a part of
the Code of Ordinances of the City of Dania Beach, Florida, that the sections of the Ordinance
may be renumbered or relettered to accomplish such intentions, and that the word "Ordinance"
shall be changed to "Section," "Article" or other appropriate word.
26 ORDINANCE#2010-019
Section 28. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on August 24, 2010.
PASSED AND ADOPTED on second reading on September 14, 2010.
C. k. NfctL�Y
D S Fa��p AYOR—COMMISSIONER
ATTEST:
LOUISE ST LSON, CMC
CITY CLERK
,APPROVED AS TU_FOAND CORRECTNESS:
- () I-) - - -
THOMA9 J. S R
CITY ATTORNEY
27 ORDINANCE#2010-019