The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Hallandale Beach, Florida," and may be cited as the "Hallandale Beach Code."

(Code 1980, § 1-1; Ord. No. 1999-15, § 1, 8-17-1999)

Charter reference— Codification requirement, § 3.17(2).

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

City. The term "city" shall be construed as if the term "of Hallandale Beach, Florida" followed it and shall extend to and include its several officers, agents and employees.

City commission. Whenever the term "city commission," "commission," or "governing body" is used, it shall be construed to mean the city commission of the City of Hallandale Beach, Florida.

Code. The term "Code" means the Code of Ordinances, City of Hallandale Beach, Florida, and may be cited as the Hallandale Beach Code, as designated in section 1-1.

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.

County. The term "county" shall mean Broward County, Florida.

State Law reference— Broward County boundaries, F.S. § 7.06.

Delegation of authority. Whenever a provision appears requiring the city manager or other officer or employee to do some act or perform some duty, it shall be construed to authorize the city manager or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.

F.S. Whenever the abbreviation F.S. is used, it shall refer to the official Florida Statutes and the latest supplement or amendment 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, corporations and other legal entities, 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 term "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 terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

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

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

Owner. The term "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 term "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 term "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.

(Code 1980, § 1-2)

State Law reference— Similar provisions, F.S. §§ 1.01, 1.02.

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

(Code 1980, § 1-3)

(a)

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

(b)

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.

(Code 1980, § 1-4)

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 the valid judgment or decree of the court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 1980, § 1-5)

(a)

By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city commission. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city commission or adopted by initiative and referendum during the period covered by the supplement and all changes made by the supplement in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete; and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by their omission from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

(Code 1980, § 1-6)

It shall be unlawful for any person 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 of pages, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the city to be misrepresented. Any person violating this section shall be punished as provided in section 1-8.

(Code 1980, § 1-7)

(a)

Whenever in this Code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense the violation of any such provision of the Code or ordinance shall be punishable by a fine not exceeding $500.00 or imprisonment for a term not exceeding 60 days or by both such fine and imprisonment.

(b)

Any violation of a provision of this Code or any ordinance which is not defined as a misdemeanor shall be punishable by a civil fine and/or citation as established by the city commission and amended annually in the schedule of fines. The violations may be enforced utilizing the code enforcement proceedings adopted by the city commission.

(c)

Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.

(Code 1980, § 1-8; Ord. No. 2013-13, § 1, 9-3-2013)

Charter reference— Penalties as set by general law, § 8.03.

State Law reference— Ordinance violation excluded from definition of misdemeanor, F.S. § 775.08; punishment for committing misdemeanor, F.S. § 775.082; jurisdiction of county court, F.S. § 34.01.

(a)

Director of emergency management. The city manager shall act as the director of emergency management or appoint a designated emergency manager pursuant to an approved comprehensive emergency operations plan.

(b)

Implementation. The city manager shall implement, manage and report on all actions authorized and taken under the provisions of this article, as soon as reasonably practicable.

(c)

Coordination of actions. The city manager shall plan for the coordination of those actions necessary for the creation and maintenance of an effective emergency response capability to prepare for and manage emergency conditions.

(d)

Absence or unavailability of mayor. For purposes of this article, the alternate presiding officer shall act in the absence or unavailability of the mayor. The alternate presiding officer shall be the vice mayor, or, in the absence or unavailability of the vice mayor, the remaining commissioner with the longest tenure (or if of equal tenure, the commissioner whose last name is first alphabetically).

(Ord. No. 2020-015, § 3, 8-5-2020)

(a)

Authority. The city manager and the mayor jointly shall have the authority to declare a state of local emergency pursuant to F.S. ch. 252. Upon the declaration of a state of local emergency, the city manager shall advise the city commission as to the status of the state of local emergency. A majority of the commission may terminate any state of emergency declared by the mayor and city manager at any time by vote at a meeting of the city commission.

(b)

Duration. The duration of a state of local emergency shall be limited to seven days and may be extended as necessary in seven-day increments, in accordance with F.S. ch. 252.

(c)

Public notice. Notice of a declared state of local emergency or of any emergency measure declared or ordered and promulgated by virtue of state statutes upon the declaration of a state of local emergency, shall be filed with the city clerk and, if practicable, be posted upon the bulletin board at City Hall as promptly as practicable. The city manager shall notify the local media and residents as soon as possible and in the manner most practicable and expeditious, utilizing the city's media resources available at the time.

(Ord. No. 2020-015, § 3, 8-5-2020)

(a)

During a declared state of emergency, the city manager shall have the following powers, duties and responsibilities:

(1)

Powers. The authority to exercise all powers granted to the municipality by state law during a declared state of emergency.

(2)

Emergency orders. The authority to issue and direct enforcement of orders necessary for the protection of life and property, establishment of public order, and control of adverse conditions affecting public welfare resulting from an emergency. Orders issued by the city manager may be amended, suspended or repealed by a majority vote of the city commission. Orders issued pursuant to this section must be filed with the city clerk, shall have the full force and effect of law and be may be enforced in any manner applicable to the enforcement of ordinances.

(3)

Curfew. The authority to establish, by order, a curfew for the duration, or any portion, of a state of local emergency.

(4)

Emergency awareness program. To develop and manage the city's emergency awareness public information program.

(5)

Public assistance. To apply for public assistance or other disaster relief funding.

(6)

Emergency expenditures. To utilize available funds of the city as necessary to cope with the emergency, including emergency expenditures, as appropriated by the city commission for emergencies.

(7)

Emergency contracts. During a state of emergency or during a state of local emergency, to enter into contracts addressing situations arising out of the emergency.

(Ord. No. 2020-015, § 3, 8-5-2020)

(a)

Authority. The city manager shall be the designated city official with the authority to declare a state of emergency and exercise of all discretionary measures pursuant to F.S. ch. 870, regarding an emergency pertaining to acts of violence.

(b)

Duration. A state of emergency shall commence upon the declaration and shall terminate at the end of a period of 72 consecutive hours thereafter, unless prior to the end of the 72-hour period the city manager, or the city commission, shall have terminated the state of emergency. Any extension of the 72-hour period shall be accomplished by the city commission by resolution, unless the nature of the emergency renders a meeting of the city commission impossible. If it is not possible for the city commission to meet, the city manager and the mayor jointly shall have the authority to extend such 72-hour period.

(c)

Notice. Upon the declaration of a state of emergency, the city manager shall, if practicable, post a written notice of such declaration upon the bulletin board at city hall and shall, as promptly as practicable, file in the office of the city clerk a notice of a declared state of emergency, or emergency measure declared or ordered and promulgated by virtue of state statutes. The city manager shall notify the local media and residents as soon as possible and in the manner most practicable and expeditious, utilizing the city's media resources available at the time.

(d)

Meeting of the city commission. Upon the declaration of a state of emergency, the city manager shall ensure that a meeting of the city commission shall be called as soon as possible, in order to apprise the city commission as to the status of the state of emergency, and the city commission may take such actions as deemed necessary.

(Ord. No. 2020-015, § 3, 8-5-2020)