City of South Pasadena, FL General Provisions

The ordinances of the City of South Pasadena of a general and permanent nature adopted by the City Commission of the City of South Pasadena, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of the Charter and Chapters 1 through 193, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of South Pasadena," hereinafter known and referred to as the "Code."

§ 1-2 Code supersedes prior ordinances.

This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-3 When effective.

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4 Copy of Code on file.

A copy of the Code in loose-leaf form has been filed in the office of the City Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the City of South Pasadena, as provided by law, and such certified copy shall remain on file in the office of the City Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5 Amendments to Code.

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of South Pasadena" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto.

§ 1-6 Publication; filing.

The Clerk of the City of South Pasadena, pursuant to law, shall cause to be published, in the manner required, a copy of this Adopting Ordinance in a newspaper of general circulation in the city. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-7 Code book to be kept up-to-date.

It shall be the duty of the Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in his office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-8 Sale of Code book.

Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of a fee to be set by the City Commission, which may also arrange for procedures for the periodic supplementation thereof.

§ 1-9 Altering or tampering with Code; penalties for violation.

It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of South Pasadena to be misrepresented thereby. Anyone violating this section or part of this ordinance shall be subject, upon conviction, to a fine of not more than five hundred dollars ($500.) or imprisonment for not more than sixty (60) days, or both, in the discretion of the Judge imposing the same.

§ 1-10 Severability of Code provisions.

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-11 Severability of ordinance provisions.

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-12 Repealer.

All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided.

§ 1-13 Ordinances saved from repeal.

The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

Any ordinance adopted subsequent to December 8, 1992.

Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance, or any action or proceeding brought for the enforcement of such right or liability.

Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision, or any penalty, punishment or forfeiture which may result therefrom.

Any prosecution, indictment, action, suit or other proceeding pending, or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.

Any franchise, license, right, easement or privilege heretofore granted or conferred.

Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place, or any portion thereof.

Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the city's indebtedness.

Ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.

The levy or imposition of taxes, assessments or charges.

The annexation or dedication of property or approval of preliminary or final subdivision plats.

All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.

Any ordinance amending the Zoning Map.

Any ordinance adopting or amending the Comprehensive Plan.

Any ordinance adopting or amending the annual budget.

Any ordinance pertaining to personnel policies.

Any legislation regarding the subdivision of land.

§ 1-14 Changes in previously adopted ordinances.

In compiling and preparing the ordinances for publication as the Code of the City of South Pasadena, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one (1) or more of said pieces of legislation. It is the intention of the City Commission that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.

The following changes, amendments, additions or revisions are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]

[1]

Editor's Note: Pursuant to § 1-14B, certain nomenclature changes were made throughout the Code and the following sections were amended or added: §§ 12-8C; 14-11C; 42-1; 73-2B; 73-2C; 73-4; 73-10; 83-3A; 83-4; 83-7; 83-8; 83-21; 83-26; 83-27; 103-1; 103-5C; 103-8; 106-4; 108-13; 115-7; 115-14C; 130-4; 130-14C(7), (8), (9), (10) and (11); 130-18E(1)(g); 130-48F; 130-54B and C; 130-68D; 130-76E; 130-85A(2) and B(7); 130-86; 130-93; 130-94; 133-3; 141-5B; 143-6A; 146-2; 146-10B(1); 146-25; Ch. 150; Ch. 166; §§ 169-7; 169-10; 172-12; 172-15B; 176-11; 176-14; 180-1A; 183-1; 183-3; 183-7D; 183-8; 183-10; 187-9; 192-5A(2); 192-27; 193-5; and 193-14. The following portions of the prior Code were deleted: Sections 7-6; 8-4j; 12-45(c); 17-31(c); 18-18E(3); 18-43-8(2); 20-4; 22-4; 22-24; IX(A)(9); Ch. 3; Art. XI of Ch. 6; Art. II of Ch. 14; Ch. 15; and Ch. 25. A complete description of each change may be found in Ord. No. 93-08, on file in the office of the City Clerk.

§ 1-15 (Reserved).

Article II General Penalty

[Adopted 12-18-1984 by Ord. No. 84-23 as part of Part II, Ch. 1, of the 1984 Code]

§ 1-16 General penalty; enforcement.

[Amended 4-8-2003 by Ord. No. 2003-01]

General penalty. A violation of any provision of this Code is a civil infraction, and it shall be unlawful for any person to violate or fail to comply with any provision of this Code. Where no specific penalty is provided, the violation of any provision of this Code shall be punished by a fine not exceeding $500. Code violations that are also violations of county codes or state law may carry additional penalties. A civil penalty of less than the maximum civil penalty may be assessed if the person who has committed the civil infraction does not contest the citation. Each day that any violation of any provision of this Code shall continue shall constitute a separate offense.

Enforcement methods. Methods for enforcement of the provisions in the City Code include but are not limited to using the Code Enforcement Board procedure set forth in Chapter 12 of the City Code, having a City Code Enforcement Officer issue a citation/notice to appear; having the City's designated law enforcement agency issue a citation/notice to appear.

Designation of Code Enforcement Officers. City employees, including the City Code Enforcement Officer, the City Building Official, the Director of Public Safety and any employee engaged in fire and/or lifesafety inspections, are hereby designated as Code Enforcement Officers as that term is defined in Florida Statute § 162.21 and are authorized to issue citations.

Procedure for issuing citations. A Code Enforcement Officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has violated a provision of the City Code. Prior to issuing a citation, a Code Enforcement Officer shall provide notice to the person that the person has committed a violation of a Code provision and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.

Form of citation and amount of penalty.

(1)

A citation issued by a Code Enforcement Officer shall be in a form prescribed by Pinellas County and shall include provisions setting forth the amount of the civil penalty that the violator shall pay if he or she does not elect to contest the citation as well as the procedure to follow in order to contest the citation. The schedule of fines and costs shall be those set forth in the Pinellas County uniform schedule of fines and costs. The following represents the schedule as of February 2003:

Class	Fine	Costs	Total
I	$150.00	$10.00	$160.00
II	$125.00	$10.00	$135.00
III	$75.00	$10.00	$85.00
IV	$50.00	$10.00	$60.00
V	$25.00	$10.00	$35.00

(2)

Any amendments to the Pinellas County uniform schedule of fines and costs shall take effect as ordered by the Court and shall be applicable to violations of this Code without any further action of the City Commission.

Classification of violations. City Code violations shall be classified and administered as set forth in Pinellas County Administrative Order No. PI-CTY-99-4, a copy of which is attached to this article as Exhibit A.[1] Any violation of this Code that does not have a corresponding penalty associated with it in the uniform schedule shall be considered a Class V offense unless specifically assigned another class by this Code.

[1]

Editor's Note: Exhibit A is included at the end of this chapter.

Refusal to sign citation. Any person who willfully refuses to sign and accept a citation/notice to appear issued by a Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Florida Statutes § 775.082 or § 775.083.