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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. Page 1 of 2 • 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 All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed to the extent of such conflict.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. Tf,'18(ITITY 7,Zt, \ oil y (Village Seal)ar, Lr — 't o ; MAY•R 19 irks I LQA i i,) l pr 1 FATTEST: ,r'''t . i, `7 4ie01:1 fr• st �gJt►° VILLAGE CLERK APPROVED AS TO FORM AND • LEGAL SUFFICIENCY: VILLAGE ATTORNEY 0 Page 2 of 2