34-90 ORDINANCE NO. 34-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, TO BE KNOWN AS THE CITY OF
DELRAY BEACH COASTAL PROTECTION ORDINANCE, AMENDING
TITLE 15, "BUILDING REGULATIONS", CHAPTER 151,
"COASTAL CONSTRUCTION", PROVIDING FOR THE SUBHEADING
"GENERAL PROVISIONS" PERTAINING TO COASTAL CONSTRUC-
TION TO BE RENAMED "GENERAL PROVISIONS -- COASTAL
CONSTRUCTION"; BY ENACTING NEW SECTIONS 151.60
THROUGH 151.68, UNDER SUBHEADING "GENERAL PROVISIONS
-- COASTAL PROTECTION"; PROVIDING FOR A SHORT TITLE
AND APPLICABILITY; PROVIDING FOR THE PURPOSE OF SAID
AMENDMENT; PROVIDING DEFINITIONS; PROVIDING FOR
JURISDICTION; ESTABLISHING A COASTAL PROTECTION ZONE
AND A SAND PRESERVATION ZONE; PROVIDING FOR GENERAL
PERMITS; PROVIDING FOR SPECIAL PERMITS; PROVIDING
PERMIT FEES; PROVIDING FOR ADMINISTRATIVE RELIEF;
APPEAL PROCESS; PROVIDING FOR VIOLATIONS, ENFORCE-
MENT AND PENALTIES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statutes, authorizes the City
Commission of the City of Delray Beach, Florida, to provide and maintain
standards for the citizens of said City which insure their health,
safety, and well being pursuant to its Home Rule Power which includes
programs for conservation and flood and beach erosion control; and
WHEREAS, Ordinance No. 90-2 known as the "Palm Beach County
Coastal Protection Ordinance" is effective within incorporated and
unincorporated areas of Palm Beach County, except for incorporated areas
where the adoption and enforcement of an equally stringent, or more
stringent ordinance is adopted within an incorporated area.
WHEREAS, consideration has been given to ground elevations in
relation to historical storm and hurricane tides, predicted maximum wave
run-up, beach and offshore ground contours, coastal vegetation, erosion
trends, dunes, and existing upland development; and
WHEREAS, the City of Delray Beach, Florida, has determined
after consideration of the above described factors that new regulations
establishing a construction setback line as set out below are necessary
for the protection of upland properties, the control of beach erosion,
hurricane protection, coastal flood control, and shoreline and offshore
rehabilitation; and
WHEREAS, in adopting this Ordinance, the City recognized the
importance of preserving and protecting the dune system as a vital
physical feature of the natural environment possessing outstanding
geological, biological, recreational, scenic and protective value for
this and succeeding generations of citizens; and
WHEREAS, in adopting this Ordinance, the City seeks to protect
the natural functioning of the beach/dune system and encourage restora-
tion of destroyed beaches and dunes, to protect and enhance the coast
and to devote these areas to only those limited land uses which
preserve, protect and enhance the natural environment of the beaches and
dunes; and
WHEREAS, a permitting program is necessary in order to provide
for uniform regulation in a timely manner of any proposed alteration
which would create any impact on the environment, natural beauty, or
level of storm protection provided by the beach and dune system; and
WHEREAS, the City of Delray Beach, Florida, in the lawful
exercise of its Home Rule Powers, desires to adopt a coastal protection
ordinance to augment and supplement its current coastal construction
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 15, "Building Regulations", Chapter
151, "Coastal Construction", be, and the same is hereby amended by
amending subheading "General Conditions" which precedes Section 151.01,
"Short Title", to read as follows:
"General Provisions -- Coastal Construction"
Section 2. That Title 15, "Building Regulations", Chapter
151, "Coastal Construction", be and the same is hereby amended by
enacting a new subheading, "General Provisions -- Coastal Protection,
and Sections 151.60 through 151.68, to read as follows:
"General Provisions -- Coastal Construction"
151.60. Short Title: Applicability
(A) This Ordinance shall be known as the "Delray Beach
Coastal Protection Ordinance".
(B) The recitations set forth in the "WHEREAS" paragraphs
above are incorporated by reference herein as findings of fact upon
which this Ordinance is based.
(C) All provisions of this Ordinance shall be effective
within the City of Delray Beach, Florida, and shall set restric-
tions, constraints and requirements to preserve and protect the
coastal beaches, dunes, and coastal vegetation.
(D) This Ordinance shall apply to any activity that has the
potential to adversely impact the coastal beaches and dunes located
within the City limits of the City of Delray Beach, Florida located
in Palm Beach County.
151.61. Purpose
The purpose of this Ordinance is to preserve and protect the
integrity of the coastal beach and dune from any activity which would
tend to destabilize the dune or reduce the ability of the coastal beach
and dune to response naturally to storm events.
151.62. Definitions
"Alter(ation)" or "Materially alter" shall mean the removal,
addition, or moving of sand; the removal or addition of any vegetation
by planting or transplanting; or the destruction, pruning, cutting, or
trimming of any vegetation but shall exclude the removal of seedlings,
runners, suckers, and saplings (less than ten (10) feet in height) of
exotic plant species. It shall also mean any construction, excavation
or placement of a structure which has the potential to adversely affect
coastal biological resources, the control of beach erosion, hurricane
protection, coastal flood control or shoreline and offshore rehabilita-
tion.
"Beach" shall mean the zone of unconsolidated material that
extends landward from the mean high water line of the Atlantic Ocean to
the place where there is a marked change in material or physiographic
form, or to the line of permanent vegetation, usually the effective
limit of storm waves. "Beach" is alternately termed "shore".
"Beach Cleaning" shall mean the clearing or burying of sea-
weed, debris, dead fish, or trash or the contouring of the beach by
raking and leveling, provided that such activity shall not disturb
existing beach or dune vegetation. Such activity shall not change the
final ground elevations greater than one foot.
"Beach Fill" shall mean ~and placed ~n the beach.
"Coastal Protection Zone" shall mean an area of jurisdiction
established by this Ordinance. This zone extends from the mean high
water line of the Atlantic Ocean to a line twenty-five (25) feet land-
ward of the crest of the dune or the State of Florida Coastal Construc-
tion Control Line, whichever is more landward.
"Coastal vegetation" shall mean all native plant species
indigenous to City beaches and dunes. The coastal vegetation species
recommended for use are provided in the "Rules and Guidelines for Dune
Maintenance".
"Crest of the dune" shall mean the highest point in elevation
of the dune.
"Dune" shall mean a hill or ridge of windblown sand and marine
deposits lying landward of, and adjacent to, the beach which is formed
by natural and artificial processes.
"Emergency" shall mean any unusual incident which results in
immediate danger to the health, safety, welfare or resources of the
residents of the City, including damages to or erosion of any shoreline
resulting from a hurricane, storm, or other such violent disturbance.
"Endangered, Threatened, Rare, and Species of Special Concern"
means any species listed as endangered, threatened, rare, or of special
concern by one or more of the following agencies:
(A) U.S. Fish and Wildlife Service.
(B) Florida Game and Fresh Water Fish Commission.
(C) Florida Committee on Rare and Endangered Plants and
Animals.
(D) Florida Department of Agriculture
(E) Treasure Coast Regional Planning~Council.
"Excavation" shall mean removal or displacement of soil, sand,
or vegetation by the process of digging, dredging, cutting, scooping, or
hollowing out.
"Motor vehicle" includes any auto, car, van, truck, tractor,
motorcycle, dune buggy, moped, or other similar vehicle, but excludes
wheelchairs and emergency rescue vehicles.
"Sand" shall mean sediments having a distribution of particle
diameters between .074 and 4.76 millimeters.
"Sand Preservation Zone" shall mean an area of jurisdiction,
established by this Ordinance, for the purpose of maintaining the volume
of beach sand within the beach/dune system. This zone extends from the
mean high water line of the Atlantic Ocean to a line six hundred (600)
feet landward.
"Seedling, sapling, runner, or sucker" shall mean any young
plant or tree in early stages of growth.
"Structure" includes anything constructed or erected tempo-
rarily or permanently on the ground or attached to something having a
permanent location on the ground and shall include house, pools, patios,
garages, gazebos, shore protection devices, pavement, signs, walls,
bulkheads, fences, radio towers, or other types of construction with
interior surfaces, but excludes lifeguard stands.
151.63. Jurisdiction and Prohibitions
(A) The Chief Building Official shall have regulatory
authority over all alterations (as defined in Section 151.62) to
the beaches and dunes. This Ordinance establishes two zones of
jurisdiction -- the Coastal Protection Zone and the Sand Preserva-
tion Zone.
(B) The Coastal Protection Zone is established for the
purposes of protecting the integrity of the coastal beach and dune
system. This zone extends from the mean high water line of the
Atlantic Ocean to a line twenty-five (25)
feet
landward
of
the
crest of the dune or the State of Florida Coastal Construction
Control Line, whichever is more landward.
(C) The Sand Preservation Zone is established for the pur-
poses of maintaining the volume and quality of beach sand presently
existing within the beach/dune system. The unique characteristics
of the sediments contained in the existing beaches and dunes of the
City require the preservation of these materials within the
beach/dune system. The Sand Preservation Zone extends from the
mean high water line of the Atlantic Ocean to a line six hundred
(600) feet landward.
(D) Within the limits of jurisdiction of the Coastal Protec-
tion Zone as defined in this section:
(1) no person, firm, corporation, special district, public
agency, public entity or the City shall:
(1) construct any structure;
(2) place any soil, sand or material;
(3) make any excavation;
(4) remove any existing soil, sand or beach material or
otherwise alter existing ground elevation;
(5) alter, damage or cause to be damaged any sand dune
or coastal vegetation, or;
(6) drive any motor vehicle;
on, over or across any beach or sand dune without first
having obtained a permit from the City as provided for in
this Ordinance. Nothing herein shall prevent official
motor vehicles of any governmental agency from traversing
any sand dune or beach in the performance of official
duties provided the vehicle operators avoid coastal
vegetation whenever possible.
(2) it shall be a violation for pedestrians to traverse the
dune within two hundred (200) feet of a public dune
walkover except by use of the walkover.
(3) Within the limits of jurisdiction of the Sand Preserva-
tion Zone as defined in this section, no person, firm, corporation,
special district, public agency or the City shall remove any beach or
dune sediments from their property without first having obtained a
permit from the City as provided for in this Ordinance.
151.64. General Permits
(A) General Permits may be issued for the proposed construc-
tion of dune walkovers, installation of utility transmission lines,
dune re-vegetation projects of less than 4000 square feet, minor
fill projects with less than 200 cubic yards of fill placed on less
than 4000 square feet and routine dune maintenance activities.
General Permits shall be issued provided the proposed project
complies with the criteria specified in Section 151.64(N).
Applicants with proposed projects that do not meet the criteria for
a General Permit must apply for a Special Permit.
(B) General Permit applications shall be made on a form
approved by the Chief Building Official.
(C) An application shall not be deemed complete until the
application fee and any and all information necessary to fully
understand the extent, nature, and potential impacts of a proposed
project are received by the Chief Building Official. Such informa-
tion may include, but is not limited to:
(1) a completed application form;
(2) an explanation of the purpose and necessity of the
project;
(3) a description of construction techniques and schedules;
(4) photographs of existing conditions which may include
aerial photographs;
(5) plans showing profile and plan views including elevations
of proposed and existing structures, dune and vegetation,
and;
(6) sediment analysis of existing dune and beach and any
proposed fill material;
(D) Where an application is made for work in common areas of
a multi-family residential site (i.e., condominiums, apartments,
townhouses, villas, etc.) the representatives association, or all
of the homeowners as a group, shall be the applicant. The Chief
Building Official shall not process an application made by one unit
owner in a multi-family setting where the work is proposed on lands
designated as, or can reasonably be considered to be common areas.
(E) Any General Permit application containing false informa-
tion may be rejected and any General Permit issued based upon false
information may be revoked.
(F) General Permits may be issued by the Chief Building
Official with a duration of one (1) year with annual renewal
conditioned upon General Permit compliance. The time frame for
processing a General Permit shall be in accordance with Section
103.6.1 of the standard building code.
(G) The Chief Building Official may attach conditions to any
General Permit where such conditions are deemed reasonably
necessary to protect the environmental integrity of the subject
site, or areas of potential impact.
(H) Any application received that is substantially the same
as a previous application that has been denied by the Chief
Building official shall also be denied without further processing.
(I) Any site or applicant that is subject to or recipient of
a notice of violation or notice of General Permit noncompliance
that remains unresolved shall not be issued a General Permit or
Special Permit.
5 ORD. NO. 34-90
(J) Any substantial modification to a complete application,
or to an issued General Permit, shall require an amended applica-
tion form and an additional application fee.
(K) The provisions of this section shall not apply to struc-
tures, plantings, and alterations existing or Under construction as
of the effective date of this code provided, however, that such
existing structures and those structures under construction, are
not expanded beyond the specifications of their respective plans
existing and approved as &f t~:= effective date of this Ordinance.
(L) Criteria for issuance of a General Permit
An application for a General Permit will be evaluated to
verify that the project will not adversely impact the conservation of
wildlife or their habitats with special emphasis place upon the protec-
tion of Endangered, Threatened, Rare, and Species of Special Concern.
The application will also be evaluated to verify that the proposed
project will not adversely impact the stability of the dune or the
natural exchange of sand between the beaches and dunes. Specific
criteria that must be met are:
[1) Dune Walkovers
(a) Privately owned structures cannot exceed four (4)
feet in width.
(b) Publicly owned structures cannot exceed eight (81
feet in width.
(c) The walkover shall be located in an area that will
ensure minimal disturbance to existing native
vegetation. Construction activity shall disturb the
minimum amount of vegetation and in no case shall
such disturbance exceed a total swath four (4) feet
wider than the walkover.
(d) The slope of the walkover shall match the slope of
the dune as closely as possible while still meeting
applicable building codes.
(e) Design criteria shall meet the Florida Department of
Natural Resources requirements.
(2) Utility Transmission Lines
Installation of public utility transmission lines under
General Permit shall not alter native coastal vegetation.
(3) Vegetation Trimming
(a) A General Permit for trimming of dune vegetation for
a view may be issued, provided the activity meets
the criteria established in the "Rules and Guide-
lines for Dune Maintenance", which, upon adoption by
the City Commission, govern routine dune
maintenance.
(b) Conditions that may be attached to a General Permit
for trimming include removal of exotic vegetation
within the Coastal Protection Zone and implementa-
tion of a debris removal program which shall re~¢~ire
the periodic removal of all human manufactured items
from the beach system, preferably by hand.
6 ORD. NO. ~4-90
(C) A General Permit for trimming is an annual General
Permit and a request for renewal may be made in
writing to the City. The request must include
current photos of the permitted activity for the
purpose of aiding the City in determining
compliance.
(4) Dune Revegetation and Filling
Repair and revegetation of the dune is strongly
encouraged provided the activity meets the criteria in
"Rules and Guidelines for Dune Maintenance". Dune
revegetation projects of less than 2000 square feet or
minor fill projects with less than 20 cubic yards of fill
placed on less than 2000 square feet on the subject
property over a period of one year will be exempt from
the General Permit fee
requirement.
(5) Beach Cleaning Activity
(a) Beach cleaning equipment will be permitted on the
beach provided that mechanized equipment is not used
within fifteen (15) feet of the toe of the dune or
within fifteen (15) feet of any existing coastal
vegetation. Existing coastal vegetation specifi-
cally includes isolated patches of pioneer plants
and seedlings.
(b) Naturally occurring organic debris such as seaweed
shall be left on the beach. The debris may be
either left in place or raked into piles. The piles
may be buried in a continuous line along the beach
or placed at the base of an unvegetated dune scarp
provided that mechanized equipment is not used
within fifteen (15) feet of the toe of the dune or
within fifteen (15) feet of any existing vegetation.
Trash and litter, such as plastics shall be removed
from the beach and properly disposed of. Raked
debris shall not be placed on adjacent property
without permission from the adjacent property owner.
(c) Access for beach cleaning equipment is restricted to
access points approved by the Department and the
Florida Department of Natural Resources.
(6) Exotic Vegetation Removal
Removal of exotic vegetation is encouraged provided the
removal takes place in a manner that results in the least
amount of impact to existing native dune vegetation.
Removal of seedlings, runners, suckers and saplings (less
than ten (10) feet in height) of exotic plant species
does not require a permit In cases where trees and
stumps are removed and damage is unavoidable during the
removal process, all cleared areas will be revegetated
with appropriate coastal vegetation, according to the
list provided in "Rules and Guidelines to Dune Main-
tenance'' and will be placed in appropriate natural zones
on the dune profile.
(7) Emergency Repairs
7 ORD. NO. 34-90
Emergency repairs shall include placement of fill, rock,
or concrete rubble to protect structures in imminent
danger of sustaining damage from storm waves.
151.65. Special Permits
(A) All proposed projects that do not meet the General Permit
criteria may be processed according to the requirements of this
section.
(B) Special Permit applications shall be made on forms
approved by the Chief Building Official.
(C) An application shall not be deemed complete until the
application fee and any and all information necessary to fully
understand the extent, nature, and potential impacts of a proposed
project are received by the Chief Building Official. Such informa-
tion may include, but is not limited to:
(1) a completed application form
(2) an explanation of the necessity and purpose of the
project;
(3) a description of construction techniques and
schedules;
(4) photographs of existing conditions which may include
aerial photographs;
(5) plans showing profile and plan views including
elevations of the proposed structure, dune and
vegetation;
(6) sediment analysis of existing dune and beach and any
proposed fill material;
(7) engineering models and predictions, and;
(8) biological evaluation of the proposed project site
(D) Where an application is made for work in common areas of
a multi-family residential site (i.e., condominiums, apartments,
townhouses, villas, etc.), the representative association, or all
of the homeowners as a group, shall be the applicant. The Chief
Building Official shall not process an application made by one unit
owner in a multi-family setting where the work is proposed on lands
designated as, or can reasonably be considered to be, common areas.
(E) Special Permits may be issued with a duration period that
is reasonably necessary to complete the project not to exceed two
(2) years. The time frame for processing a Special Permit shall be
in accordance with Section 103.6.1 of the Standard Building Code.
(F) The Chief Building Official may attach conditions to
any
Special Permit where such conditions are deemed reasonably
necessary to protect the environmental integrity of the subject
site or areas of potential impact.
(G) Any application received that is substantially the same
as a previous application that has been denied by the City shall
also be denied without further processing.
ORD. NO. 34-90
(H) Any site or applicant that is subject to or recipient of
a notice of violation or notice of Permit noncompliance that
remains unresolved shall not be issued a City General Permit or
Special Permit.
(I) Any substantial modification to a complete application,
or to an issued Special Permit, shall require an amended
application form and an additional application fee.
(J) The provisions of ~i .....~.~: shall not apply to struc-
tures existing or under construction as of the effective date of
this Ordinance provided, however, that such existing structures and
those structures under construction, are not expanded beyond the
specifications of their respective plans and approvals existing as
of the effective date of this Ordinance.
(K) Criteria for issuance of a Special Permit.
A Special Permit may be issued pursuant to this Ordinance
provided that the applicant submits to the Chief Building Official
evidence that the following criteria will be met:
(1) The applicant must demonstrate with adequate engineering
data that the proposed project will not adversely affect
the natural exchange of sand within the beach/dune
system, the control of beach erosion, and the level of
storm protection.
(2) The proposed project will not adversely impact the
conservation of wildlife or their habitats with special
emphasis placed upon the protection of Endangered,
Threatened, Rare, and Species of Special Concern.
(3) The proposed project does not adversely impact the
stability of the dune.
(4) There shall be no net loss of sand from the Sand Preser-
vation Zone. Sand temporarily excavated from the Sand
Preservation Zone shall be returned to the Sand Preserva-
tion Zone prior to the expiration date of the Permit. In
addition, the sand may not be degraded by mixing with any
sediment, soil, or material that is not approved by the
Chief Building Official.
151.66. Fees
(A) A schedule of fees is adopted to supplement the cost of
evaluating and issuing General Permits and Special Permits and
monitoring compliance of issued General Permits and Special
Permits.
(B) Permit application fees shall be non-refundable.
(C) All application fees paid by check shall be made payable
to the City of Delray Beach.
(D) The schedule of fees shall be based upon the level of
review necessary to process permits and will be divided into three
categories:
(1) General Permit $100.00 (except minor restoration projects
as described under Section 151.64(L)(4), and Section
151.64(L)(5) for which all fees are waived.)
q O~D. NO. 34-90
(2) Special Permit $500.00
(3) All fees for General Permits and Permits issued to the
City or other governmental agencies shall be waived.
151.67. ADDeals; Variances
(A) ADDeals. Any affected party may appeal a final deter-
mination of the Chief Building Official. A written notice of
appeal shall be filed by the applicant with the Chief Building
Official within twenty (20) days from receipt of the decision
appealed from; setting forth in detail the factual basis for such
an appeal. The appeal shall be heard by the City Commission and a
decision rendered within sixty (60) days of submittal of all
documentation needed to evaluate the request.
(B) Variances. Variances are prohibited.
151.68. Violations, Enforcement, Penalties
Failure to comply with the requirements of this Ordinance or
any permit or approval granted or authorized hereunder shall constitute
a violation of this Ordinance. Violations of the provisions of this
Ordinance, upon conviction, shall be punished by a fine not to exceed
five hundred dollars ($500) per violation, per day, or by imprisonment
in the County Jail not to exceed ninety (90) days, or by both. Such
violation may be deemed a separate offense for each day during any
portion of which any violation is committed or continued. Additionally,
damage to the beaches, dunes or coastal vegetation may result in an
order to restore to pre-existing site conditions. In addition to the
sanctions contained herein, the City may take any other appropriate
legal action, including, but not limited to, administrative action and
requests for temporary and permanent injunctions to enforce the pro-
visions of this Ordinance. It is the purpose of this Ordinance to
provide additional cumulative remedies. Nothing herein shall prohibit
the Code Enforcement Board from retaining jurisdiction pursuant to
Chapter 37 of the Code of Ordinances of the City of Delray Beach, or the
pursuit of any other legal remedy by the City to enforce this code.
Section 3 That afl ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately on its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 28th day of
AT~EST:~
City Clerk/
First Reading August 14, 1990
Second Reading August 2~, 1990
(2) Special Permit $500.00
(3) Ail fees for General Permits and Permits issued to the
City or other governmental agencies shall be waived.
151.67. ApDeals; Variances
(A) Appeals. Any affected party may appeal a final deter-
mination of the Chief Building Official. A written notice of
appeal shall be filed by the applicant with the Chief Building
Official within twenty (20) days from receipt of the decision
appealed from; setting forth in detail the factual basis for such
an appeal. The appeal shall be heard by the City Commission and a
decision rendered within sixty (60) days of submittal of all
documentation needed to evaluate the request.
(B) Variances. Variances are prohibited.
151.68. Violationst ~nforcement~ Penaltios
Failure to comply with the requirements of this Ordinance or
any permit or approval granted or authorized hereunder shall constitute
a violation of this Ordinance. Violations of the provisions of this
Ordinance, upon conviction, shall be punished by a fine not to exceed
five hundred dollars ($500) per violation, per day, or by imprisonment
in the County Jail not to exceed ninety (90) days, or by both. Such
violation may be deemed a separate offense for each day during any
portion of which any violation is committed or continued. Additionally,
damage to the beaches, dunes or coastal vegetation may result in an
order to restore to pre-existing site conditions. In addition to the
sanctions contained herein, the City may take any other appropriate
legal action, including, but not limited to, administrative action and
requests for temporary and permanent injunctions to enforce the pro-
visions of this Ordinance. It is the purpose of this Ordinance to
provide additional cumulative remedies. Nothing herein shall prohibit
the Code Enforcement Board from retaining jurisdiction pursuant to
Chapter 37 of the Code of Ordinances of the City of Delray Beach, or the
pursuit of any other legal remedy by the City to enforce this code.
Section 3. That a~l ordinances or parts of ordinances which
'are in conflict herewith be and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid such deci-
sion shall not effect the validity of the remainder hereof as a whole
part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately on its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 28th day of
AT~. EST:
City Clerk /
First Reading August 14, 1990
Second Reading August 2~, 1990