____________

Adopted: September 27, 2010
Effective: September 27, 2010

____________

Published in 2010 by Order of the City Commission

____________

CURRENT OFFICIALS

of the

CITY OF

ALACHUA, FLORIDA

____________

Walter Welch

Mayor

____________

Shirley Green Brown

Vice-Mayor

____________

Jacob Fletcher
Jennifer Ringersen
Dayna Williams

City Commissioners

____________

Rodolfo Valladares

City Manager/City Clerk

____________

Scott Walker

City Attorney

____________

LeAnne Williams

Deputy City Clerk

OFFICIALS

of the

CITY OF

ALACHUA, FLORIDA

AT THE TIME OF THIS RECODIFICATION

____________

Gib Coerper

Mayor

____________

Gary Hardacre

Vice-Mayor

____________

Orien Hills

Ben Boukari, Jr.

Robert Wilford

City Commissioners

____________

Traci L. Cain

City Manager

____________

Marian Rush

City Attorney

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of Alachua, Florida.

Source materials used in the preparation of the Code were the 1976 Code, as supplemented through September 21, 1981, and ordinances subsequently adopted by the city 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 1976 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 dash. The figure before the dash refers to the chapter number, and the figure after the dash 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:

Indexes

The indexes have 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 indexes themselves 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 Roger D. Merriam, Senior Code Attorney, and D. J. Heath, 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 Ms. Marian Rush, City Attorney, Ms. Traci L. Cain, City Manager, Ms. Danielle J. Judd, Assistant City Manager, Mr. Alan Henderson, Deputy City Clerk, and all other members of the city staff for 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 city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Alachua, Florida. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Alachua, Florida.

© Copyrighted material.
Municipal Code Corporation and the City of Alachua, Florida. 2010.

ORDINANCE NO. 10-20

AN ORDINANCE OF THE CITY OF ALACHUA, FLORIDA, ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF ALACHUA, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR SEVERABILITY; CORRECTING SCRIVENER'S ERRORS; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF ALACHUA:

SECTION 1.01. FINDINGS.

It is hereby ascertained, determined, and declared that:

(A)

The City of Alachua engaged Municipal Code Corporation in July of 2009, as the last Codification completed by the City was in 1982.

(B)

The Code entitled "Code of Ordinances, City of Alachua, Florida," published by Municipal Code Corporation, consisting of Chapters 1-40, each inclusive, is adopted.

(C)

All ordinances of a general and permanent nature enacted on or before August 23, 2010, and not included in the Code or recognized and continued in force by reference in Chapter 1, General Provisions, Section 1-14 of the Code are repealed.

(D)

The repeal provided for in Section 1.01(C) hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

SECTION 1.02. CORRECTION OF SCRIVENER'S ERRORS.

The City Manager is directed to correct scrivener's errors in the City of Alachua Code of Ordinances and include these corrections in subsequent amendments and publications of the City of Alachua Code of Ordinances.

SECTION 1.03. PROVIDING FOR PENALTIES.

Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine, not to exceed $500.00, and may be sentenced to a definite term of imprisonment not to exceed 60 days. Except as otherwise provided: (1) with respect to violations of the Code that are continuous with respect to time, each day that the violation continues is a separate offense; and (2) with respect to other violations, each act constitutes a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

SECTION 1.04. AMENDMENTS TO THE CODE.

(A)

Additions or amendments to the Code when passed in such form as to indicate an intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

(B)

Ordinances adopted after August 23, 2010, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

SECTION 1.05. SEVERABILITY.

The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby.

SECTION 1.06. EFFECTIVE DATE.

This Ordinance shall take effect immediately upon its passage and adoption after final reading on September 27, 2010.

PASSED on first reading on the 28th day of June, 2010.

CONTINUED on second reading on the 26th day of July, 2010.

PASSED on second reading on the 13th day of September, 2010.

PASSED and DULY ADOPTED, in regular session, with a quorum present and voting, by the City Commission, upon final reading this 27th day of September, 2010.