TOWN OF MANALAPAN, FLORIDA CODE OF ORDINANCES
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A Codification of the General Ordinances of
the Town of Manalapan, Florida
Originally published by Order of the Town Commission, 1996
Republished in 2018____________
>CURRENT OFFICIALS
of the
TOWN OF
MANALAPAN, FLORIDA
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J. Keith Waters
Mayor
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Peter Isaac
Vice-Mayor
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Simone Bonutti
Mayor Pro Tem
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Clark Appleby
Jack Doyle
Hank Siemon
Monica Oberting
Commissioners
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Lisa S. Petersen
Town Clerk
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Linda Stumpf
Town Manager
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Keith W. Davis
Town Attorney
PREFACE
This Code constitutes a codification of the general and permanent ordinances of the Town of Manalapan, Florida.
Source materials used in the preparation of the Code were the 1981 Code, as supplemented through February 23, 2016, and ordinances subsequently adopted by the Town Commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1981 Code, as supplemented, and any subsequent ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a period. The figure before the period refers to the chapter number, and the figure after the period refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1.2, and the first section of chapter 6 is 6.1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6.1 and 6.2 is desired to be added, such new section would be numbered 6.1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
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 SPECIAL ACTS SA:1 CHARTER COMPARATIVE TABLE CHTCT:1 RELATED LAWS COMPARATIVE TABLE RLCT:1 SPECIAL ACTS COMPARATIVE TABLE SACT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes
The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Tassy Spinks, Vice-President, Supplement Department, and Fran Golabek, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Lisa S. Petersen, Town Clerk for her cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the Town of Manalapan readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the Town's affairs.
ORDINANCE NO. 178
AN ORDINANCE OF THE TOWN OF MANALAPAN, PALM BEACH COUNTY, FLORIDA, ESTABLISHING, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE TOWN OF MANALAPAN, FLORIDA; REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING GENERAL ORDINANCES INTO THE NEW MANALAPAN CODE; PROVIDING FOR REPEAL OF CERTAIN ORDINANCES OR PARTS THEREOF NOT INCLUDED THEREIN EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR PENALTIES FOR THE VIOLATION OF ANY PROVISION OF SUCH CODE; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR SEVERABILITY AND EFFECT OF THIS ORDINANCE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, the current "Code of Ordinances, Town of Manalapan, Florida," also cited as "Manalapan Code," was adopted on September 29, 1980 effective on January 1, 1981 and it has not been updated since then and is incomplete and inadequate, and the manner of arrangement, classification and indexing thereof is insufficient to meet current needs; and
WHEREAS, the Acts of the State Legislature of the State of Florida empower and authorize the Town Commission, as the Legislative Body of the Town of Manalapan, to revise, amend, restate, codify and compile any and all ordinances, whether now existing or hereafter adopted, and to incorporate said ordinance into one ordinance in book form; and
WHEREAS, the Town Commission, as the Legislative Body of the Town of Manalapan, has authorized a general revision, amendment, restatement, codification and compilation of the ordinances of the Town of a general and permanent nature and publication of such ordinances in book form; and
WHEREAS, the Town Commission of the Town of Manalapan has determined it is in the best interest of the Town and in the best interests of its inhabitants and their health, safety, morals and general welfare that this ordinance be adopted enacting a new code of ordinances for the Town of Manalapan, Florida; revising, amending, restating, codifying and compiling general ordinances into the new Manalapan Code; providing for repeal of certain ordinances or parts thereof not included therein except as herein expressly provided; providing for penalties for the violation of any provision of such code; providing for the manner of amending such code; providing for severability and effect of this ordinance; and providing when such code and this ordinance shall become effective;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF MANALAPAN, Palm Beach County, Florida, as follows:
Section 1. Manalapan Code adoption. The "Code of Ordinances, Town of Manalapan, Florida," also known as the "Manalapan Code" adopted September 29, 1980, effective January 1, 1981 and the general ordinances of the Town of Manalapan as herein revised, amended, restated, codified and compiled in book form are hereby established, adopted and enacted as the "Code of Ordinances, Town of Manalapan, Florida" effective April 1, 1996.
(A)
The Code of Ordinances, Town of Manalapan, Florida effective April 1, 1996 is hereafter sometimes called the "Manalapan Code" or "such Code."
(B)
The Manalapan Code shall initially consist of the following titles:
Title I General Provisions
Title III Administration
Title V Public Works
Title VII Traffic Code
Title IX General Regulations
Title XI Business Regulations
Title XIII General Offenses
Title XV Land Usage
Table of Special Ordinances
Parallel References
Index
with sections and provisions as herein established, adopted and enacted, and shall include such revised, amended, restated and other titles, sections and provisions established, adopted and/or enacted, as appropriate, by the Town Commission at any time and from time to time hereafter.
(C)
The Manalapan Code shall be treated and considered as a new and original comprehensive ordinance.
Section 2. Repeal. From and after the first day of April, 1996, the effective date of this Ordinance and such Code hereby established, adopted and enacted, all prior ordinances pertaining to the subjects treated in such Code hereby established, adopted and enacted, all prior ordinances pertaining to the subjects treated in such Code and the Manalapan Code adopted September 29, 1980 effective January 1, 1981, and all provisions thereof, shall be superseded, and thereby repealed except as they are revised, amended, restated, codified and compiled in book form and reordained in whole or in part in such Code, and except to the extent provided in Section 10 hereof; provided, however, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of such Code, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuances of bonds or borrowing of money, authorizing the purchase or sale or other disposition of real or personal property, granting or accepting an easement, plat or dedication of land to public use, or naming or vacating or setting boundaries of streets, alleys or other public places, nor shall such repeal affect the provisions of any ordinance of a temporary or special nature or pertaining to subjects not contained therein; and further provided, however, such repeal shall not affect any former charter powers which are carried forward under Section 1.02E of the Charter of the Town of Manalapan, such continued powers sometimes being considered continued as ordinances.
Section 3. Repeal of repeal. The repeal provided for in Section 2 hereof 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.
Section 4. General penalty. Unless another penalty is specifically authorized and provided for by law, as provided in Fla. Stat. 162.22 (1994), a person convicted of violating such Code or any part thereof, or any provision of a resolution, rule or regulation adopted or issued pursuant to such Code, may be sentenced to pay a fine, not to exceed Five Hundred Dollars ($500.00), and may be sentenced to a definite term of imprisonment, not to exceed sixty (60) days, in a detention or other facility as authorized by law, as provided in § 10.99 of such Code.
Section 5. Applicability of general penalty. 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 4 of this Ordinance and § 10.99 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, said general penalty shall be held not to relate to the section so amended, unless such penalty is specifically repealed therein.
Section 6. Such Code inclusions. Any and all revisions, amendments and restatements to such Code or to the Manalapan Code adopted September 29, 1980 effective January 1, 1981, as amended through March 31, 1996, and as set forth now in such Code, when passed by the Town Commission, shall be deemed to be incorporated in such Code as that reference thereto shall be understood and intended to include revisions, amendments, and restatements as now set forth in such Code.
Section 7. Public availability of Manalapan Code. A copy of such Code shall be kept on file in the office of the Town Clerk preserved in looseleaf form, or in such other form as the Town Clerk may consider most expedient. It shall be the express duty of the Town Clerk, or someone authorized, directed and supervised by the Town Clerk, to insert in their designated or other appropriate places all revisions, amendments and restatements such Code according to enactments which indicate the intention of the Town Commission to make the same a part of such Code. This copy of such Code shall be available for all persons desiring to examine the same.
Section 8. Unauthorized change or amendment to the Manalapan Code. Other than as provided by law and within such Code, it shall be unlawful for any person to revise, amend or restate any part of such Code with substantive addition or deletion which will cause the law of the Town of Manalapan to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.
Section 9. Severability. If any term, phrase, provision, classification, paragraph or subparagraph, section or subsection of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the remainder or balance thereof or of this Ordinance which can be given effect without such invalidity or the application thereof, and to this end, the provisions of this Ordinance are hereby declared severable, and to the extent of such invalidity, the provisions of this ordinance are hereby declared severable, and to the extent of such invalidity, the provisions of the Code of Ordinances and ordinances of the Town of Manalapan, Florida, existing prior to the adoption of this Ordinance shall obtain.
Section 10. Presumptive evidence of Manalapan Code. Such Code shall be in full force and effect on and after April 1, 1996, and such Code, as then in effect and hereafter revised, amended, restated, codified and compiled shall be presumptive evidence in all courts and places of the ordinance and all sections, provisions, regulations and penalties therein contained, and that the same is established, adopted, enacted, signed, attested, recorded and approved and that any public hearing and notices thereof as required by law have been given and held.
Section 11. Effective date. This ordinance shall become effective on the first day of April, 1996.
Introduced, passed and adopted on first reading at a regular meeting of the Town Commission held on the 27th day of February, 1996, and read the second time and passed and adopted on final reading at a regular meeting of the Town Commission held on the 26th day of March , 1996.
/s/ Gerald Kent Shortz
Gerald Kent Shortz, MayorAttest:
/s/ Elizabeth A. Miller
Elizabeth A. Miller, Town Clerk(Town Seal)