The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances of the City of Crystal River, Florida," and may be so cited.

In the construction of this Code, and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:

City. The words "the city" or "this city" shall be construed as if the words "of Crystal River" followed it and shall extend to and include its several officers, agents and employees.

City council. Whenever the words "city council" are used, they shall be construed to mean the City Council of the City of Crystal River.

Computation of time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

Corporate limits. Wherever in this Code an act is prohibited, declared unlawful, required to be performed, directly or by implication, such references shall imply "within the corporate limits of the City of Crystal River."

County. The words "the county" or "this county" shall mean the County of Citrus.

F.S. or Fla. Stats. Whenever the abbreviations F.S. or Fla. Stats. are used, they shall refer to the official Florida Statutes as adopted by the State Legislature.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

Officer or office. Reference to any office or officer of the city, state or county, includes any person authorized by law to perform the duties of such office or officer.

Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person. The word "person" shall include and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.

Personal property. Personal property includes every species of property except real property.

State. The words "the state" shall be construed to mean the State of Florida.

Tense. Words used in the present or past tense include the future as well as the present and past.

State Law reference— For definitions of terms used in the Fla. Stats. see § 1.01, Fla. Stats.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.

State Constitution reference— "No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed." Declaration of Rights, § 10.

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by a valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Ord. No. 15-0-06, § 3, 8-10-2015)

All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way affect this Code of Ordinances, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby, and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code of Ordinances and subsequent ordinances numbered or omitted are readopted as a new Code of Ordinances by the city council.

Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: "That section _______ of the Code of Ordinances of the City of Crystal River, Florida, is hereby amended to read as follows: …." The new provisions may then be set out in full as desired.

In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances of the City of Crystal River, Florida, is hereby amended by adding a section (or article or chapter) to be numbered as follows _______, which said section shall read as follows: …." The new section may then be set out in full as desired.

When the city council desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the Code, which said council desires to incorporate into the Code, a section in substantially the following language may be made a part of the ordinance:

"Section _______. It is the intention of the city council and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Crystal River, Florida, and the sections of this ordinance may be renumbered to accomplish such intention."

All sections, articles, chapters or provisions of this Code desired to be repealed should be specifically repealed by section number or chapter number, as the case may be.

It shall be unlawful for any person, firm or corporation in the city to change or amend by additions or deletions, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Crystal River to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in section 1-8 hereof.

State Law reference— Falsifying public records, penalty, § 839.13, Fla. Stats.

The violation of, or failure to comply with any provision of this Code shall constitute an offense against the City of Crystal River, and where no specific penalty is provided therefor, shall subject the offender, upon conviction, to a fine of not to exceed five hundred dollars ($500.00), or imprisonment for a period of not to exceed ninety (90) days, or by both such fine and imprisonment.

The judgement of the court imposing any fine, or fine and cost of prosecution, shall contain provision for a period of imprisonment in default of payment of same. The payment of fines and costs of prosecution may also be enforced summarily against the property of the delinquent.

Any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance of the city shall be deemed a public nuisance and shall be subject to abatement by the city.

Each and every act or thing done in violation of the provisions of this Code, or ordinance of the city, shall be construed, deemed and taken as a separate and distinct violation of such provisions of this Code, and in every event that a violation of this Code, or any of the provisions hereof, shall continue, each day of such continuance shall be deemed, construed and taken as a separate and distinct violation of the provisions of this Code that such condition so allowed to continue shall violate.

All persons imprisoned after conviction in the municipal court may be required to work for the municipality at such labor as their health and strength will permit, within or without the limits of the municipality, not exceeding eight (8) hours each day and for not exceeding sixty (60) consecutive days for any one offense.

(a)

Pursuant to Section 943.25(13), Florida Statutes, the city of Crystal River shall assess two dollars ($2.00) as court costs, in addition to any fine or other penalty against every person convicted of violating a municipal or county ordinance, where said offense occurred within the geographical boundaries of the City of Crystal River. In addition to any fine or other penalty, two dollars ($2.00) shall be deducted from every bond estreature or forfeited bail bond related to such penal statutes or ordinances. However, no such assessment shall be made against any person convicted for violation of any state statute, municipal or county ordinance relating to the parking of vehicles.

(b)

All such assessments shall be collected by the appropriate court and shall be remitted to the City of Crystal River and earmarked for law enforcement education and training for members of the police department. The use and expenditures of such funds shall be in accordance with education and training programs for law enforcement personnel established by the chief of police in accordance with Section 943.14, Florida Statutes.

(Ord. No. 81-0-2, §§ 1, 2, 7-6-81; Ord. No. 85-0-2, §§ 1, 2, 8-19-85; Ord. No. 85-0-7, §§ 1, 2, 11-4-85)

Editor's note— Ordinance No. 81-0-2, enacted July 6, 1981, did not specifically amend this Code; hence, codification of §§ 1 and 2 of said ordinance as § 1-8.1 is at the discretion of the editor.

Notwithstanding any provisions in this Code to the contrary, any individual, person, firm, organization, association, corporation, governmental entity be it municipal, county, state or federal that owns property within the City of Crystal River, which uses the property, or conducts activities upon said property that are not in compliance with or in violation of any provisions of this Code, the Land Development Code of the City of Crystal River and/or zoning regulations or the Comprehensive Plan of the City of Crystal River shall be subject to the discontinuance of all municipal utility services which shall include water, sewer and garbage collection. Said property owner utilizing municipal service shall be given seven (7) days' written notice that the activities upon said property is a violation and/or in noncompliance of the city laws, rules, regulations, codes and ordinances, whereupon, said utility service shall be automatically terminated unless a hearing before the city council is requested in writing. If a written request is received by the city for such hearing, then the requestor shall receive written notice of the time, place and date of said hearing. The city council at such hearing shall decide if a violation or noncompliance is occurring and shall establish thereafter whether discontinuances of municipal utility services is appropriate. It shall not be a defense to discontinuance of municipal utility service that a property owner may be immune or exempt from the laws of the city and that no right to municipal utility services exists except upon compliance with the city's rules, regulations, code, plans, ordinances, zoning or other applicable regulations heretofore or subsequently adopted.

(Ord. No. 91-0-20, § 1, 11-25-91)

Whenever any officer or employee of the city is required or authorized by any state law, the provisions of this Code, or any ordinance or resolution, or rules and regulations or orders issued thereunder, in order to carry out his duties thereunder, to enter any premises or vehicle for the purpose of making an inspection thereof or of anything therein contained or for the purpose of carrying out his duties, such officer or employee shall have the right to enter any such premises or vehicle at any reasonable time in pursuance of such duties; provided, that such entry and inspection shall be made in a lawful manner.

State Law reference— Issuance of search warrants, Ch. 933, Fla. Stats.