CODE OF BROWARD COUNTY, FLORIDA VOLUME I

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Published by Order of the Board of County Commissioners, 1976
Republished by Order of the Board of County Commissioners, 2001

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PREFACE

The Board of County Commissioners of Broward County herewith presents the "Code of Broward County" being a compilation of County ordinances, resolutions, administrative rules and regulations, and laws of the state, including special acts of direct application to Broward County and general laws and statutes of interest to the county officials during the codification project. Also included are certain state administrative rules and regulations which the county felt would be useful to the users of this Code. For a further analysis of the contents of this Code, the user is directed to the comparative tables, which show the source of each provision and its location in this Code. The source of each section of the Code is also set out in parentheses immediately following each section.

The Code has been republished in 2001 with the inclusion of ordinances received for codification subsequent to the publication of Supplement No. 89 to the 1976 publication, and this republication constitutes a replacement volume to the prior Code.

The inclusion of county ordinances is on the basis of the basis of the authority of their enactment as contained in Article VIII, Section 1 of the State Constitution and Laws of Florida, Chapter 69-32, which provides that counties shall maintain a current compilation of all Ordinances and shall publish them annually.

The titles of acts, ordinances and regulations, as well as stock legislative phrases such as "all laws and parts of laws in conflict herewith are hereby repealed" have been omitted.

The editors have made every attempt to leave the provisions of the Code in their original form, but for the sake of uniformity, minor editorial changes not affecting substantive provisions have been made. For example, a citation in a given provision to another section of the original law or ordinance is changed so that the citation is to a given section of this Code. Section and subsection numbers have also been changed for uniformity. Capitalization is changed so that is uniform throughout the Code. In addition, terms such as "this act," "this ordinance," etc., have been replaced with the terminology "this chapter," "this article" or "this division" inasmuch as the Code is arranged into chapters, articles and divisions.

The Code has been compiled by subject matter in chapters alphabetically arranged and numbered in that order. For the purpose of continuity and convenience of the user, as well as to facilitate indexing, each section has been codified by section numbers furnished by the editors.

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. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

Charter	CHT:1
Related Laws	RL:1
Charter Comparative Table	CHTCT:1
Related Laws Comparative Table	RLCT:1
Code	CD1:1
Code Appendix	CDA:1
Code Comparative Tables	CCT:1
State Law Reference Table	SLT:1
Charter and Related Laws Index	CHTi:1
Code Index	CDi:1

 

The editors have not attempted to exercise any judicial judgment as to the repeal or amendment of laws or ordinances where doubt exists. However, those sections which have been specifically repealed, held invalid by the courts, enacted for a specified length of time and the time having expired, enacted for a specific purpose and the purpose having been accomplished, e.g., appropriations, or which have obviously been superseded by later laws or ordinances, have been omitted. Also omitted are certain laws and ordinances affecting only specific areas, and devoid of countywide significance. The catchlines of most sections, article titles and many subsection catchlines were supplied by the editors. A special feature of this Code is the looseleaf system of binding, whereby ordinances enacted as filed with the Secretary of State and all pertinent laws enacted at each succeeding session of the Legislature, will be properly edited for inclusion in the Code and the appropriate pages affected will be reprinted for distribution to the holders of the volume.

The publication of this Code was under direct supervision of George R. Langford, President and Thomas B. Calhoun, editorial counselor of the Municipal Code Corporation, Tallahassee, Florida. Especial credit must be granted the publisher's staff for their sincere interest and able assistance throughout the entire project.

The republication of the Code was under the direct supervision of Robert S. Hornyak, Editor, and credit is gratefully given to other members of the publisher's staff for their able assistance throughout the project.

This Code is presented for the use and benefit of the citizens of Broward County, Florida.

April, 1976

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ORDINANCE NO. 76-19

An Ordinance Adopting and Enacting a New Code of Ordinances for Broward County, Florida; Establishing the Same, Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Herein Expressly Provided; Providing for the Manner of Amending Said Code of Ordinances; Providing a Penalty for Unlawfully Altering Said Code; Providing for a Truth in Spending Provision; Providing for Severability; and Providing for an Effective Date.

WHEREAS, Section 1(g) of Article VIII of the Florida Constitution provides, in effect, that the Board of County Commissioners of Broward County, Florida, may enact county ordinances not inconsistent with general law; and

WHEREAS, § 125.68, F.S. provides that counties shall maintain a current codification of all ordinances and that such codification shall be published annually by the respective boards of county commissioners; and

WHEREAS, Section 2.05 of the Broward County Charter provides that the Broward County Commission shall maintain a codification of all ordinances and that such codification shall be published and made available for distribution on a continuing basis; NOW, THEREFORE,

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA:

Section 1. Adoption of Code.

That the Code of Ordinances, consisting of Chapters 1 through 39, inclusive, is hereby adopted and enacted as the "Broward County Code" (hereinafter referred to as "Code"), and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances enacted by the Board of County Commissioners on or before March 31, 1975, except such ordinances which, by reference thereto, are expressly saved from repeal or continued in force and effect for any purpose.

Section 2. Effective date and repeal.

That all provisions of said Code shall become effective upon the effective date of this Ordinance, and all ordinances of a general and permanent nature of Broward County enacted on final passage on or before March 31, 1975, and not contained in said 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. No resolution of the County, not specifically mentioned, is repealed hereby. No ordinance enacted after March 31, 1975, is repealed hereby.

Section 3. Not repealed.

That the repeal provided for in Section 2 hereof shall not affect the following:

1.

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;

2.

Any ordinance of the County promising or guaranteeing the payment of money by or to the County, or authorizing the issuance of any bonds of the County, or any evidence of the County's indebtedness, or any contract or obligation assumed by the County;

3.

Any right or franchise granted by any ordinance of the County to any person, firm or corporation;

4.

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, or affecting any street or public way in the County;

5.

The annual appropriation ordinance;

6.

Any ordinance levying or imposing taxes;

7.

Any ordinance establishing and prescribing the street grades of any street in the County;

8.

Any ordinance providing for local improvements and assessing taxes therefor;

9.

The zoning, subdivision or plat ordinances, resolutions, dedications, amendments and variances;

10.

The South Florida Building Code, as amended;

11.

Any Code or public record adopted by reference and not contained herein;

12.

Any administrative ordinance or resolution of the County;

13.

Any population act in effect at the time of adoption of said Code or any special acts re-enacted by Section 1-7 of said Code.

Such repeal shall not be construed to revive any ordinance or part thereof which has been repealed by a subsequent ordinance which is repealed by this Ordinance.

Section 4. Additions to Code.

That any and all additions or amendments to said Code, when passed in such form as to indicate the intention of the Board of County Commissioners to make the same a part thereof, shall be deemed to be incorporated into said Code so that reference to the "Broward County Code" shall be understood and intended to include such additions and amendments.

Section 5. Filed copies of Code.

That at least one (1) copy of the Code as enacted on this date shall be kept on file in the Office of the County Administrator, without change. It shall also be the duty of the County Administrator to maintain at least one (1) additional copy of said Code up to date by inserting new ordinances into their proper places, at such time as the new ordinances are published in supplements for insertion into said Code.

Section 6. Alterations unlawful.

That it shall be unlawful for any person, firm or corporation to alter, change or amend, by additions or deletions, any part or portion of said Code, or to insert or delete pages or portions thereof, or to alter or tamper with said Code in any manner whatsoever so as to cause the law of Broward County to be misrepresented thereby. A violation of this section shall be punished as provided by law.

Section 7. Ordinances repealed.

All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 8. Severability.

If any section, sentence, clause, phrase or other part of this Ordinance or said Code is held to be illegal, invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance or said Code.

Section 9. [Reserved.]

Section 10. Effective date.

This Ordinance shall become effective as provided by law.

ENACTED this 6th day of April, A.D., 1976.

FILED WITH DEPARTMENT OF STATE April 9, 1976.

EFFECTIVE April 12, 1976.