2013-02 Code Amendment - Repealing Sec. 5-26, Fueling of Marine Craft • ORDINANCE NO. 2013-02
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL,"
OF CHAPTER 5,* "BOATS, DOCKS AND WATERWAYS," OF THE
VILLAGE CODE OF ORDINANCES BY REPEALING SECTION 5-26,
"FUELING OF MARINE CRAFT," IN ITS ENTIRETY; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; .PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 5-26 of the Village Code prohibits the fueling of floating marine craft at
other than a marine fueling station; and
WHEREAS, the Village Waterway Board has recommended repealing Section 5-26 of the
Village Code; and
WHEREAS, the language set forth in Section 5-26 was derived from the Standard Fire
Prevention Code, which has been subsequently preempted by the state-wide Florida Fire
Prevention Code; and
WHEREAS, in response to a petition filed by the Village, the State Fire Marshall issued a
Declaratory Statement determining that the Florida Fire Prevention Code does not prohibit the
fueling of marine craft through the use of tank vehicles in areas other than marine/motor fuel
dispensing facilities; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA,as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Article I, "In General," of Chapter 5, "Boats,
Docks and Waterways," of the Village Code of Ordinances to repeal Section 5-26 in its entirety
(deleted language Stricken t rough):
•
pied:
• Section 3. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
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• Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is
for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 24th DAY OF JANUARY, 20.13.
PLACED ON SECOND,FINAL READING AND PASSED '( 4 1 • 'S F I BR )ARY,2013.
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VILLAGE CLERK
APPROVED AS TO FORM AND •
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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