JACKSONVILLE ORDINANCE CODE
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Volume I
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Containing the Ordinance Code of the City of Jacksonville, Florida
Titles I—XII
Chapters 1—451____________
Originally Published by the
City of Jacksonville, FloridaReproduced 1999
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Reproduction and Supplement Service By:
>PREFACE
This Code constitutes the 1999 Super Supplement to the Ordinance Code of the City of Jacksonville, Florida. As a part of the preparation of the Super Supplement, various provisions of the Ordinance Code that were obsolete or preempted to statute were deleted, conflicting provisions were harmonized and provisions were conformed to statute. Such changes became effective upon adoption of the Super Supplement.
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. The following abbreviations are used as page numbers.
CHARTER AND RELATED LAWS CHT:1 CHARTER AND RELATED LAWS COMPARATIVE TABLE CHTCT:1 CODE CD1:1 CODE COMPARATIVE TABLES CCT:1 CHARTER AND RELATED LAWS 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 affected page or pages 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 pages 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 Roger D. Merriam, Code Attorney, and Bill Eddy, 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 Ms. Beverly Domen, Clerk of Council 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 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.
Features of the Ordinance Code
Arrangement of chapters and titles. The object of any arrangement of compiled laws is to facilitate the finding of the law. There are two general methods of arrangement in general use in the United States: the logical or topical grouping of related subjects, as used in many digests; and the alphabetical arrangement, as used in legal encyclopedias. The City has adopted the former of these arrangements, which is also used by the State of Florida in the Florida Statutes and by the majority of states and municipalities.
The Table of Contents printed in the front of Volume I and the chapter index printed in the front of each title provide a quick reference to the chapters grouped under the logical title system. The titles are listed in a logical arrangement within the Ordinance Code , and the chapters are distributed within the titles according to the general subject field to which each chapter belongs. Some titles have been divided into subtitles and some chapters have been divided into parts based on logical organization or related subject matter. The purpose of this classification is to organize the general laws of the City into a useful, unified system.
Numbering system. The sections of the Ordinance Code are identified by decimal numbers. Having first been arranged by subject matter within titles, the chapters of the Ordinance Code are each assigned a whole number which appears to the left of the decimal point in the section number. Each section within the chapter is then placed in a logical order within the chapter and given a number to correspond to that placement, which appears to the right of the decimal point in the section number. Each section, then, is identified by the whole decimal number, including the digits appearing to both the left and the right of the decimal point.
A chapter that has only one part (that is, it is not divided into separate parts) has section numbers whose numbers to the right of the decimal point begin with 101 and continue until the final section: this permits as many as ninety-nine numbers to be contained within the chapter without exhausting the 100 series of numbers. A chapter that has more than one part has section numbers whose numbers to the right of the decimal point indicate their placement within the various parts: that is, sections within the first part begin with 101 and continue to 199 , sections within the second part begin with 201 and continue to 299 and so forth. If a part is subdivided into two or more subparts, the section numbers are assigned according to their placement within the subparts: that is, sections within the first subpart of Part 1 (for example) begin with 111 and end with 119 , sections within the second subpart of Part 1 begin with 121 and end with 129 and so forth. Occasionally this system is not followed when the subclassification of section numbers becomes complex, but, in general, this is the system used in the Ordinance Code . For stylistic purposes, section numbers ending in 00 (100, 200 etc.) are not generally used, unless they are a part (but not the first or last) of a series of numbers.
The principal advantage of this decimal numbering system is its flexibility. A new section can always be inserted at the end of the chapter without requiring the previous sections to be renumbered. Where a chapter is subdivided into parts, new sections can be added to parts (or subparts) without requiring any of the existing sections to be renumbered (if the section numbers assigned to the part or subpart have not already been used up), or with only a minor renumbering. The use of numbers with four or more digits to the right of the decimal point is not permitted, since the use of very long numbers leads to misunderstanding and the dropping of digits: the only exception to this is where a chapter contains ten or more parts, when the first two digits to the right of the decimal point represent the part number and the second two digits represent the consecutive placement of the section within that part.
A section may be repealed or transferred to a new location in the Ordinance Code from time to time. The repeal or transfer is shown in the next Supplement following the enactment of the repealing or transferring ordinance, and the section number is thereafter removed from the text of the Ordinance Code . However, the section number may be used again in order to keep the continuity of section numbers, particularly if the section number is located within a group of section numbers and its continued absence breaks the continuity of numbering. A section number that is repealed or transferred and was located at the end of a chapter or part will not be used again unless it is necessary.
It should be emphasized that the number of a section has no significance other than to indicate its location. The text of a chapter is organized and arranged in a logical sequence according to the function it is to accomplish; the first section carries no greater or lesser dignity than the last section.
Arrangement of text; finding the law. The hierarchical arrangement of textual subdivisions is indicated by various designations. Thus, titles are indicated by whole roman numbers; chapters and parts, by whole arabic numbers; subtitles and subchapters, by capital letters; sections, by numbers containing a decimal point; subsections, by lowercase letters enclosed in parentheses; paragraphs, by whole arabic numbers enclosed in parentheses; subparagraphs, by lowercase roman numbers enclosed in parentheses; sub-subparagraphs, by capital letters enclosed in parentheses. Subdivisions beyond sub-subparagraphs are not ordinarily used.
There are two general methods for finding those sections of the Ordinance Code that deal with a particular subject matter. The choice of which to use on any particular occasion should be determined by the preference of the searcher and the degree of his familiarity with the Ordinance Code and the indexing systems contained therein. One who has considerable familiarity with the body of law being searched may save some time by simply using the chapter outline which appears at the beginning of the appropriate chapter. The proper chapter can usually be determined by use of the numerical title index in the Table of Contents and the chapter index at the front of each title. One who is less familiar with the subject matter, or who is conducting a more wide-ranging search, will probably prefer to use the general index located in Volume II. One note about indexes is appropriate here: the separate indexes for the Building Code and for the Construction Trades Regulations which were contained in the 1970 Edition have been deleted from the general volumes and integrated with the general index for the entire Ordinance Code .
History notes. Every section is followed by a history note containing citations to the section and identification number of the ordinance that created the section and of each subsequent amendatory ordinance. Also, sections that were derived from sections in the 1970 Edition of the Ordinance Code or that were transferred from other locations in the Ordinance Code will have a note indicating the derivation or previous locations. Occasionally, other history notes will be inserted where they would be useful to users of the Ordinance Code .
Tables. The 1983 Edition of the Ordinance Code contains several tables which will be of assistance to the user of the volumes. A Monthly Supplement Advance Sheet (previously mentioned) in the front of Volume I accumulates the changes made by the Council to the Ordinance Code , by giving a brief indication of the textual change. These sheets are cumulative between Supplements, but do not carry forward to the next Supplement, since the text is included in the printed Supplement.
An Ordinance Tracing Table located at the back of Volume II traces all the general and permanent ordinances enacted since 1968 into the Ordinance Code with references also to the 1965 Code of the former City of Jacksonville. Only the particular sections listed have been codified; other sections were not considered of a sufficiently general and permanent nature to justify their inclusion. Ordinances which are not general and permanent in nature have been omitted from the table, since the volume of ordinances enacted by the Council is far too large to permit a tracing table that would include all ordinances enacted by the Council since 1968. For the text of an omitted section or ordinance, the user should consult the Office of the Council Secretary.
The Ordinance Tracing Table is useful also in indicating what ordinances have been repealed by the Council in the enactment of the 1983 Edition of the Ordinance Code and its Supplements. The enacting ordinance lists each section in each ordinance that is being repealed, and the Ordinance Tracing Table is merely a compilation of these lists. The ordinance tracing table is updated with each new Supplement.
There are two section tracing tables located at the back of Volume II. A Section Tracing Table"A" indicates the disposition of the sections in the 1970 Edition of the Ordinance Code . It gives the old section number and the new section number or numbers into which the text of the old section was placed in the 1983 Edition , or indicates that the old section was omitted from the 1983 Edition . Because of the substantial and comprehensive renumbering and relocating of sections that took place in the enactment of the 1983 Edition , the Editors felt that this section tracing table would be of value to users who, for one reason or another, need to trace the disposition of a former section into the 1983 Edition . This section tracing table will not be revised or updated with each Supplement, since it represents the disposition of sections from one edition to another.
A Section Tracing Table "B" traces all sections of the 1983 Edition that are transferred from one location to another in the Ordinance Code and indicates all sections that are added, amended, reenacted, renumbered or repealed by the Council.
ADOPTING ORDINANCE
ORDINANCE 2000-15-E
AN ORDINANCE ADOPTING AND ENACTING JACKSONVILLE ORDINANCE CODE AS SUPPLEMENTED AND REVISED; 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 COUNCIL OF THE CITY OF JACKSONVILLE:
Section 1. The Ordinance Code of the City of Jacksonville, 1990 Edition, is hereby amended by the adoption of the 1999 Super Supplement. Said Super Supplement includes all general and permanent ordinances of the City enacted through December 31, 1998 and also includes Ordinance 98-678-E. A copy of the Super Supplement is on file in the Office of the Council Secretary, having been on file there for at least ten days immediately preceding the passage of this ordinance and shall remain as a permanent record of the Council.
Section 2. All ordinances of a general and permanent nature enacted on or before December 31,1998, and not included in the Code or recognized and continued in force by reference therein, are repealed. This repeal 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 3. Violations of the Code shall be punished as provided in the Code.
Section 4. Ordinances adopted after December 31, 1998, that amend or refer to ordinances that have been codified in the Code, and which have been passed in such form as to indicate the intention of the Council to make the same a part of the Code, shall be also be deemed to be incorporated into the Code.
Section 5. Future additions or amendments to the Code, when passed in such form as to indicate the intention of this Council to make the same a part of the Code,shall be deemed to be incorporated into the Code, so that reference to the Code includes said additions and amendments.
Section 6. This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.
Form Approved:
/s/
Cheryl R. Peek, Office of General CounselLegislation Prepared By: Cheryl R. Peek
ORDINANCE 2000-15-E
CERTIFICATE OF AUTHENTICATION
DECLARED AN EMERGENCY MEASURE
AND ENACTED BY THE COUNSELJANUARY 11, 2000 ;l>
/s/
Ginger Soud, Council President;l> Approved: Jan. 13, 2000
/s/
John Delaney, MayorATTEST:
/s/
Beverly S. Domen, CMC, Council SecretaryORDINANCE 2000-476-E
AN ORDINANCE AMENDING ORDINANCE 2000-15-E OF THE COUNCIL OF THE CITY OF JACKSONVILLE REGARDING THE ADOPTION ENACTMENT OF THE JACKSONVILLE ORDINANCE CODE AS SUPPLEMENTED AND REVISED TO REENACT SECTIONS 804.642 (UNAUTHORIZED TEMPORARY USE OF A MOTOR VEHICLE) AND 804.805 (PEDESTRIANS WALKING WHERE SIDEWALKS NOT PROVIDED; NOT TO SOLICIT RIDES, SALES OR CONTRIBUTIONS); PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JACKSONVILLE:
Section 1. Ordinance 2000-15-E, enacted January 23, 2000, by the Council of the City of Jacksonville, pursuant to which the Council adopted and enacted the Jacksonville Ordinance Code as supplemented and revised, is hereby amended to reenact Sections 804.642 (Unauthorized temporary use of motor vehicle) and 804.805 (Pedestrians walking where sidewalks not provided; not to solicit rides, sales or contributions) as they existed before the passage of 2000-15-E. All other terms and conditions of Ordinance 2000-15-E are, and shall remain, in full force and effect, except as amended hereby.
Section 2. This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.
Form Approved:
/s/
Cheryl R. Peek,
Office of General Counsel
Legislation Prepared By: Cheryl R. Peek
ORDINANCE 2000-476-E
CERTIFICATE OF AUTHENTICATION
ENACTED BY THE COUNSEL
JUNE 13, 2000
/s/
Ginger Soud, Council President;l>Approved: JUNE 12, 2000
/s/
John Delaney, MayorATTEST:
/s/
Kathleen A. Roberts, Acting Deputy AdministratorIntroduced by the Council President at the request of the Council Secretary:
ORDINANCE 2017-236-E
AN ORDINANCE ADOPTING BY REFERENCE THE 16th—45th SUPPLEMENTS TO THE 1990 EDITION OF THE ORDINANCE CODE OF THE CITY OF JACKSONVILLE AND THE CITY CHARTER, INCLUDING ALL STATE LAWS, VOTED LAWS AND ORDINANCES OF GENERAL AND PERMANENT NATURE ENACTED BY THE COUNCIL AND CONSIDERED BY THE MAYOR THROUGH MARCH 24, 2017; REPEALING GENERAL AND PERMANENT ORDINANCES SO ADOPTED AND CONSIDERED BEFORE MARCH 24, 2017; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the legislative act of statutory adoption, or codification, is a mechanism for establishing a single, unified ordinance code, which summarizes and codifies all separate ordinances which have independently amended various portions of the ordinance code; and
WHEREAS, codification adopts the Ordinance Code of the City of Jacksonville as the official statutory law of the Consolidated City; and
WHEREAS, each such adoption includes within it the previously adopted and codified ordinances as well as all the City's ordinances amending the Ordinance Code adopted by the City Council in the previous sessions from the previous year or years; and
WHEREAS, this codification provides to the people of Jacksonville a definitive version of the Ordinance Code; and
WHEREAS, the Florida courts have regularly and consistently approved this procedure, see, e.g., State ex rel. Badgett v. Lee, 22 So.2d 804 (Fla 1945) ; Thompson v. Intercounty Tel. & Tel. Co., 62 So.2d 16 (Fla. 1952); Rodriguez v. Jones, 64 So.2d 27 (Fla 1953), Spangler v. Florida State Tpk. Auth .,106 So. 2d 421, 423 (Fla. 1958); and
WHEREAS, in 1990 the City last adopted a complete revision of the City's Official Ordinance Code; and
WHEREAS, for approximately ten years subsequent to the adoption of that 1990 Ordinance Code, the City Council adopted, by ordinance, supplements to that 1990 Ordinance Code; and
WHEREAS, around the year 1999 or 2000 the City's Ordinance Code has been published electronically; and
WHEREAS, since the last adoption of the last supplement to the 1990 Ordinance Code, nearly 30 supplements have been published; and
WHEREAS, due to the convenience of electronic publication, the City Council has not adopted these supplements by ordinance; and
WHEREAS, the City Council seeks to return to its process of codification on a regular basis; and
WHEREAS, the City Council seeks to provide that same clarity to the Ordinance Code of the City of Jacksonville as the Legislature provides to Florida Statutes through Legislature's codification process; now therefore
BE IT ORDAINED by the Council of the City of Jacksonville:
Section 1. The Ordinance Code of the City of Jacksonville, 1990 Edition, was adopted by Ordinance 91-305-142 and readopted with Supplements 1, 2 and 3 incorporated therein by Ordinance 93-171-86, Supplement 4 incorporated therein by Ordinance 93-171-86, Supplement 5 incorporated therein by Ordinance 93-929-929, Supplement 6 incorporated therein by Ordinance 94-1064-587, Supplement 7 incorporated therein by Ordinance 95-340-244, Supplement 8 incorporated therein by Ordinance 95-912-501, Supplement 9 incorporated therein by Ordinance 96-112-67, Supplement 10 incorporated therein by Ordinance 96-694-389, Supplement 11 incorporated therein by Ordinance 97-204-E, Supplement 12 incorporated therein by Ordinance 97-963-E, Supplement 13 incorporated therein by Ordinance 98-382-E, Supplement 14 incorporated therein by Ordinance 98-626-E, and Supplement 15 incorporated therein by Ordinance 1999-42-E. The City Council hereby amends by the adoption by reference herein the 1990 Edition of the Ordinance Code of the City of Jacksonville, as modified above and by Supplements 16th—45th hereby referenced herein. Copies of Supplements 16—45 are attached hereto as Exhibit 1 , having been Exhibit 1 for at least ten days immediately preceding the passage of this ordinance and shall remain as a permanent record of the Council. The 1990 Edition of the Ordinance Code as amended and modified by Supplements 1—45 is adopted and enacted as the official codification of the general and permanent ordinances of the City.
Section 2. All ordinances and parts thereof of a general and permanent nature incorporated within the supplements hereby adopted, which were enacted by the Council and considered by the Mayor before March 24, 2017, are repealed insofar as they are incorporated. These Ordinances are listed in the Ordinance Disposition Table and the Charter and Related laws Comparative Table, both of which are attached hereto as Exhibit 1 and by this reference made a part of hereof.
Section 3. Effective Date. This Ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.
Form Approved:
/s/
Margaret M. Sidman, Office of General CounselLegislation Prepared By: Margaret M. Sidman