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1991-23 Adopts & Enacts a New Code of Ordinances' ORDINANCE N0. 23-91 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; SAVING FROM REPEAL CERTAIN ORDINANCES RELATING TO CERTAIN SPECIFIC SUBJECTS OF VILLAGE REGULATION; THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The accompanying Code of Ordinances, consisting of Chapters 1 through 28, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, Village of North Palm Beach, Florida," and shall be created and considered as a new and original comprehensive ordinance ' which shall supersede all other general artd permanent ordinances passed by the Village on or before December 13, 1990, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose. Section 2. All provisions of such Code shall be in full force and effect immediately upon passage; all ordinances of a general and permanent nature of the Village of North Palm Beach, enacted on final passage on or before December 13, 1990, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. Any ordinance of the village, not specifically mentioned, is hereby repealed. Section 3. The repeal provided for in section 2 hereof shall not affect any of the following: ' (a) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; ' (b) Any ordinance or resolution promising or guaranteeing the payment of money by the village or aiuhorizing the issuance of any bonds of the village or any evidence of the village's lndebtedness, or any contract or obligation assumed by the village; (c) Administrative ordinances or resolutions of the village council, not in conflict or inconsistent with the provisions of the Code; (d) Any right or franchise granted to any person, firm or corporation by any ordinance or resolution; (e) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, or vacating any street or public way in the village; ' (f) Any annual budget or appropriation ordinance or resolu- tion; (g) Any ordinance establishing and prescribing the street grades of any street in the village; (h) Any ordinance levying taxes, not inconsistent with this Code; (i) Any ordinance providing for local improuemenDS<; and assessing taxes therefor; (j) Any ordinance dedicating or accepting any street, sewer or other right or any plat or subdivision in the village or providing regulations for subdivisions or ordinances in the nature of subdivision regulations; (k) Any ordinance providing for the dedication of lands by the ' village to any purpose or vacating such lands; (1) Any ordinance regulating the salaries or compensation of village officers and employees; -2- t (m) Any ordinance, as to land use, adopting zoning maps, zoning regulations or regulations in the nature of zoning regulations, or zoning districts, master street plans and amendments thereto; (n) Any appearance plan; (o) Any provisions of the former Charter (Chapter 31481, Laws of Florida, Extraordinary Session 1956) or other special laws which have been converted into ordinances by Article VI, Section 1 of the Charter as revised in 1976 or by Chapter 166, Florida Statutes; and which are not included in such Code; (p) Any ordinance relating to the acquisition of lands by the village by condemnation proceedings; (q) Any ordinance authorizing any encroachment on any village ' or public property; (r) Any ordinance or Code or parts thereof adopted by reference by any section of such Code and not included herein; (s) Any ordinance prescribing traffic regulations for specific locations, not inconsistent with the Code. (t) Any ordinance annexing territory or excluding territory or any ordinance extending the boundaries of the Village. (u) Any ordinance establishing positions, classifying positions or setting salaries of Village officers and employees, or any personnel regulations. (v) Any ordinance calling an' election. (w) Any administrative ordinance. ' (x) Any temporary or special ordinances. Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. -3- Section 4. Any and all additions or amendments to such Code ' shall be passed by ordinance in such form as to indicate the intention of the village council to make the same a part thereof. On the effective date of such ordinance, the provisions thereof shall be deemed to be in- corporated in such Code, so that reference to the "Code of Ordinances, Village of North Palm Beach, Florida," shall be understood and intended to include such additions and amendments. Section 5. It shall be the express duty of the village clerk or someone authorized by him to insert in their designated places all amendments or ordinances which indicate the intention of the village council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be, from time to time, repealed by the village council. This copy of such Code shall be available for all persons desiring to examine the same. Section 6. It shall be unlawful for any person, firm or corporation, partnership, association or organization to violate, or fail to comply with any provisions of the "Code of Ordinances, Village of North Palm Beach, Florida," and where no specific penalty is provided therein, the violation of any provisions of such Code shall be punished as prescribed in section 1-8 of such Code. Section 7. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in section 1-8 of such Code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty, other than the ' aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section as amended, unless such penalty is specifically repealed -4- therein. Section 8. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof., or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Village of North Palm Beach to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in section 1-8 of the Code of Ordinances, Village of North Palm Beach, Florida. Section 9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. This ordinance shall take effect immediately upon ' passage. PLACED ON FIRST READING THIS 13 DAY OF JUNE , 1991. PLACED ON SECOND, FINAL READING AND PASSED THIS 27 DAY OF JUNE 1991. (Village Seal) ATTEST: VI LLAGE CLERK -5-