2005-23 Amends Sign CodeORDINANCE 23-2005
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE V, SIGNS AND OUTDOOR DISPLAYS, OF
CHAPTER 6 OF THE CODE OF ORDINANCES OF THE VILLAGE BY ADDING A
SECTION 6-118 THERETO ENTITLED "SEVERABILITY," PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council for the Village of North Palm Beach has determined the need to
update and revise its Land Development Code relative to signs;
WHEREAS, the Village Council finds and determines that the Village of North Palm Beach
Land Development Code and its signage regulations were intended to maintain and improve the
quality of life for all citizens of the Village of North Palm Beach;
WHEREAS, the regulation of signage for purposes of aesthetics has long been recognized as
advancing the public welfare;
WHEREAS, as far back as 1954, the United States Supreme Court recognized that "the concept
of the public welfare is broad and inclusive," that the values it represents are "spiritual as well as
physical, aesthetic as well as monetary," and that it is within the power of the legislature "to
determine that the community should be beautiful as well as healthy, spacious as well as clean,
well balanced as well as carefully patrolled" [Justice Douglas in Berman v. Parker, 348 U. S. 26,
33 (1954)];
WHEREAS, the Village Council finds and determines that the Village of North Palm Beach's
land development code is required to regulate signage;
WHEREAS, the Village Council finds and determines that the following amendments are
consistent with all applicable policies of the Village of North Palm Beach's adopted
Comprehensive Plan;
WHEREAS, the Village Council finds and determines that the Village of North Palm Beach has
consistently adopted and enacted severability provisions in connection with its ordinance code
provisions, and that the Village Council wishes to assure that severability provisions apply to its
land development regulations, including sign regulations.
WHEREAS, the Village Council has determined that there have been several judicial decisions
where courts have not given full effect to severability clauses that applied to sign regulations and
where the courts have expressed uncertainty over whether the legislative body intended that
severability would apply to certain factual situations despite the presumption that would
ordinarily flow from the presence of a severability clause.
WHEREAS, the Village Council is aware that the failure of some courts to uphold severability
'-' clauses has let to an increase in litigation by billboard developers and others seeking to strike
down sign ordinances in their entirety so as to argue that the developers' applications to erect
billboards or other signs must be granted;
WHEREAS, the Village Council desires that there be an ample record of its intention that the
presence of a severability clause in connection with the Village of North Palm Beach's sign
regulations be applied to the maximum extent possible, even if less speech would result from a
determination that any exceptions, limitations, variances or other provisions are invalid or
unconstitutional for any reason whatsoever.
WHEREAS, Village Council desires that there be an ample record that it intends that each
prohibited sign-type continue in effect regardless of the invalidity or unconstitutionality of any,
or even all other, provisions of the Village of North Palm Beach's sign regulations, other
ordinance code provisions, or other laws, for any reason(s) whatsoever; and
WHEREAS, the Village Council desires that the prohibition on billboards continue in effect
regardless of the invalidity or unconstitutionality of any, or even all other, provisions of the
Village of North Palm Beach's sign regulations, other ordinance code provisions, or other laws,
for any reason(s) whatsoever.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Article V, Signs and Outdoor Displays, of Chapter 6 of the Code of Ordinances of
the Village is hereby amended by the addition of a Section 6-118 thereto and to read as follows:
"Section 6-118 severability.
a. Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase,
clause, term, or word of this Article is declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, the declaration of such unconstitutionality
shall not affect any other part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause, term or word of this Article.
b. severability where less speech results. Without diminishing or limiting in any way
the declaration of severability set forth above in subsection (a), above, or elsewhere in
this Article, this code, or any adopting ordinance, if any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of this Article is
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, the declaration of such unconstitutionality shall not affect any other part,
section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of
this Article, even if such severability would result in a situation where there would be less
.speech, whether by subjecting previously exempt signs to permitting or otherwise.
c. Severability of provisions pertaining to prohibited signs. Without diminishing or
"' limiting in any way the declaration of severability set forth above in subsection (a) above,
or elsewhere in this Article, this code, or any adopting ordinance, if any part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this
Article or any other law is declared unconstitutional by the valid judgment or decree of
any court of competent jurisdiction the declaration of such unconstitutionality shall not
affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase,
clause, term, or word of this Article that pertains to prohibited signs, including
specifically those signs and sign-types prohibited and not allowed under Section 6-113 of
this Article. Furthermore, if any part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of Section 6-113 is declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, the declaration of
such unconstitutionality shall not affect any other part, section, subsection, paragraph,
subparagraph, sentence, phrase, clause, term, or word of Section 6-113, thereby ensuring
that as many prohibited sign-types as may be constitutionally prohibited continue to be
prohibited."
Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 3. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 30th DAY OF AUGUST, 2005.
PLACED ON SECOND, FINAL READING AND PASSED THIS 22nd DAY OF
SEPTEMBER, 2005.
(Village Seal)
AT';,EST:
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VILLAGE CLERK ~