C~ODJ.~ OJ.., ORDINANCES

C~ODJ.~ OJ.., ORDINANCES

CITY OF

JASPER, FLORIDA

CONTAINING

THE CHARTER

AND GENERAL ORDINANCES OF THE CITY

Adopted, October IO, 1977

Effective, January 1, 1978

Published By Order Of The City Council

MUNICIPAL CODE CORPORATION

Tallahassee, Florida 1977

Copyright 1977

Municipal Code Corporation

Tallahassee, Florida

OFFICIALS

OFTHE

CITY OF JASPER, FLORIDA

AT THE TIME OF THIS CODIFICATION

Bettye J. Sears Mayor

George E. Clay, Jr. Fred Bischof

James G. Black, Jr. Nolan R. Wilkes

Councilmen

Johnnie F. Soule City Clerk

C. E. · Courtoy City Manager

Jerry M. Blair City Attorney

iii

PREFACE

Part I contains the City Charter adopted by the electors on April 23, 1957. Part II, the Code of Ordinances, is a codification of all ordinances of a general and permanent nature that were deemed appropriate to be included, followed by a Comparative Table setting out, in chronological sequence, the ordinances respectively, and their disposition.

This volume is an entire new codification and, as expressed in the Adopting Ordinance, supersedes all ordinances included herein or expressly saved from repeal. This Code contains only ordinances of a general and permanent nature prescribed for and affecting the public as a whole. Special ordinances dealing with only a portion of the inhabitants of the City, rather than all of them, or relating to special purposes, such as the ordinances levying special assessments, providing for bond issues, paving, vacating and opening specified streets are not included herein. For a specific enumeration of the subject matter of ordinances which are not included herein, see Section 1-4 of the Code and Appendix B.

All of the ordinances have been classified as to subject matter, edited, revised and in some instances completely rewritten. The chapters have been conveniently arranged in alphabetical order and the various sections within each chapter have been appropriately catchlined to facilitate usage. Attention is also directed to the appropriate footnotes which tie related sections of the Code together and which also refer to relevant state laws.

The numbering system used in this Code is the same system used in many state and municipal Codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the third section of Chapter 14 is 14-3. Under this system, each section is identified with its chapter and, at the same time, new sections or even whole chapters can be inserted in their

V

proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4-2 and 4-3 is desired to be added, such new sections would be numbered 4-2.1, 4-2.2, 4-2.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13 it will be designated as Chapter 12.1. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same manner or in the case of articles, may be placed at the end of the chapter embracing the subject, the next successive number being assigned to the article or division. Sections have been reserved at the end of articles and divisions to allow for future expansion.

The parentheses which follow most of the sections in the Code embrace and designate the source of the material used. Where no historical citation follows a section, the material was officially adopted as of the date of the ordinance which adopts this codification.

A special feature of this Code to which the attention of the user is especially directed is the innovation of the looseleaf system of binding and supplemental servicing for the City of Jasper. With this new looseleaf system, the Code of Ordinances will be kept up-to-date periodically. Acts of the State Legislature amending the Charter, or pertaining to the City, can be inserted by reprinting the pages affected, by adding new pages or deleting pages, in case of repeal. Amendatory ordinances, after proper editing, would be similarly handled, except that they can be published as often as desired by the City. The indices will be subjected to the same treatment. The reprinted pages will be distributed to the holders of the Codes with instructions for inserting the new pages and deleting the obsolete pages. To each such amendment will be attached an editorial footnote explaining briefly the effect of the amendment on the section or sections amended and the derivation of such amendment. Each such subsequent amendment, when incorporated into this Code, may be cited as a part hereof, as provided in Section 4 of the Adopting Ordinance.

vi

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid confusion or misplacement and, in addition, that all deleted pages be saved and filed for historical reference purposes.

The indices to the Code have been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language used by city 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 he is interested.

The publishers are most grateful to Mr. Jerry Blair, City Attorney, and the City Manager, Mr. C. E. Courtoy, for their assistance and cooperation during the progress of the editorial work. ·

The publication of this Code was under the direct supervision of Mr. George R. Langford, President, and Bill Carroll, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully acknowledged to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

This Code of Ordinances is presented for the use and benefit of the citizens of the City of Jasper, Florida.

MUNICIPAL CODE CORPORATION

Tallahassee, Florida

vii

ADOPTING ORDINANCE

An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Jasper, Florida; Establishing the Same; Providing for the Repeal of Certain Ordinances not Included Therein, Except as Herein Expressly Provided; Providing a Penalty for the Violation Thereof; and Providing When This Ordinance Shall Become Effective.

The City Council of the City of Jasper Hereby Ordains:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 20, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the City of Jasper, Florida."

Section 2. That said "Code of Ordinances of the City of Jasper, Florida," shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City of Jasper, Florida, passed on or before November 10, 1975.

Section 3. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor by the City Council, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the City Council, and no specific penalty is provided therefor the violation of any such provision of such Code shall be punished as provided in Section 1-6 of the Code.

Section 4. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the City Council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Jasper, Florida," shall be understood and intended to include such additions and amendments.

Section 5. That in case of the amendment of any section of such Code by the City Council, for which a penalty is not provided, the general penalty as provided in Section 1-6 of such Code shall apply to the section as amended; or in case

ix

such amendment contains prov1s10ns for which a penalty, other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended; unless such penalty is specifically repealed therein.

Section 6. That a copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places, all amendments, ordinances or resolutions which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same.

Section 7. That it shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such 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 laws of the City of Jasper to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-6 of the "Code of Ordinances of the City of Jasper, Florida."

Section 8. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 9. That this ordinance shall become effective on January 1, 1978, subject to corrections and inclusion of all duly enacted but omitted ordinances.

PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL ON October 10, 1977.

(SEAL)

ls/Johnnie F. Soule City Clerk

Is/Bettye J. Sears Mayor

X

APPROVED AS TO FORM AND LEGALITY:

City Attorney: Jerry M. Blair

I hereby Certify that the above Ordinance is a true and correct copy of the said Ordinance adopted by the Council of the City of Jasper at a regular meeting held on October 10, 1977.

ls/Johnnie F. Soule City Clerk

XI

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TABLE OF CONTENTS

Page

Officials of City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii

Preface............................................. v

Adopting Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix

PART I

CHARTER

Charter............................................. 1

Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Art. I. Incorporation: Form of Govern-

ment: Powers . . . . . . . . . . . . . . . . . . . . . . . . 2 Art. II. The Council . . . . . . . . . . . . . . . . . . . . . . . . 7 Art. III. Nominations and Elections: Munic-

ipal Elections . . . . . . . . . . . . . . . . . . . . . . 16 Art. IV. The City Manager . . . . . . . . . . . . . . . . . 21 Art. V. Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Art. VI. Borrowing Money and Incurring

Indebtedness. . . . . . . . . .. .. .. . . . . . . . . 32 Art. VII. Department of Finance. . . . . . . . . . . . 32 Art. VIII. Department of Personnel......... 41 Art. IX. Planning, Zoning, Housing, Slum

Clearance and Blighted Areas . . . . . . 43 Art. X. City Attorney: Municipal Court; Po-

lice and Fire Departments. . . . . . . . . . . 4 7 Art. XI. Initiative and Referendum . . . . . . . . . 49 Art. XII. Assessment and Collection of

Taxes............................. 54 Art. XIII. General Provisions............... 61 Art. XIV. Succession in Government. . . . . . . . 67 Art. XV. [Becoming Law]................... 70 Art. XVI. [Adoption]. . . . . . . . . . . . . . . . . . . . . . . . 71

xiii

JASPER CODE

PART II

CODE OF ORDINANCES

Chapter Page

1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

2. Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Art. II. Personnel Rules and Regulations. . . . 181 Art. III. Retirement System. . . . . . . . . . . . . . . . . 188 Art. IV. Social Security..................... 190

3. Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 Art. IL Distribution of Handbills . . . . . . . . . . . 243 Art. III. Advertising Vehicles . . . . . . . . . . . . . . . 245

4. Alcoholic Beverages . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297

5. Animals and Fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399 Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . 399 Art. II. Dogs .. .. .. . .. . . . . . .. .. . .. .. . . . . .. . . 401

Div. 1. Generally . . . . . . . . . . . . . . . . . . . . . . 401 Div. 2. License. . . . . . . . . . . . . . . . . . . . . . . . . 401

6. Buildings and Building Regulations . . . . . . . . . . . . 453 Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . 453 Art. II. Building Code . . . .. .. . .. .. .. .. .. .. .. 453 Art. III. Electrical Code .. .. .. .. . .. . .. .. .. .. 455 Art. IV. Plumbing Code .. . .. . . . . . . . . . . . . . . . 456 Art. V. Gas Code........................... 457 Art. VI. Housing Code. . . . . . . . . . . . . . . . . . . . . . 458 Art. VII. Dangerous Buildings.............. 459

7. Elections....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513

8. Fire Prevention and Protection . . . . . . . . . . . . . . . . . 567 Art. I. In General. . . . . . . .. . . . . . . .. . . . . . . . . . . 567 Art. II. Fire Prevention Code . . . . . . . . . . . . . . . 567

9. Garbage and Refuse. . . . . . . . . . . . . . . . . . . . . . . . . . . . 619

xiv

TABLE OF CONTENTS-Cont'd.

Chapter Page

10: Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . 675 Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . 675 Art. II. Nuisances . . . . . . . . . . . . . . . . . . . . . . . . . . 675

11. Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 729

12. Miscellaneous Offenses and Provisions . . . . . . . . . 803 Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . 803 Art. IL Registration of Firearms . . . . . . . . . . . . 803 Art. III. Parades . . . . . . . . . . . . . . . . . . . . . . . . . . . 806

13. Peddlers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 857 Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . 857 Art. II. Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 858

14. Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 911

15. Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lOll

16. Streets, Sidewalks and Other Public Places . . . . . 1111

17. Subdivisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1163

18. Taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1229 Art. I. In General........................... 1229 Art. II. Public Service Tax.................. 1229

19. Traffic and Motor Vehicles..................... 1281

20. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1381 Art. I. In General. . . . . . . . . . . . . . . . . . . . . . . . . . . 1381 Art. II. Water and Sewer . . . . . . . . . . . . . . . . . . . 1381 Art. III. Natural Gas Service . . . . . . . . . . . . . . . 1385

Appendix

A. Comprehensive Zoning Ordinance 1437

B. Ordinances Saved From Repeal . . . . . . . . . . . . . . . . . 1533

Code Comparative Table............................ 1933

Statutory Reference Table . . . . . . . . . . . . . . . . . . . . . . . . . . . 1955

Charter Index.. . . . . . . . . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . 1975

Code Index .................................... , . . . . 2003

xv

PART I

CHARTER*

Preamble Art. I. Incorporation: Form of Government: Powers, §§ 1-7 Art. II. The Council, §§ 8-27 Art. III. Nominations and Elections: Municipal Elections, §§

28-35 Art. IV. The City Manager, §§ 36-42 Art. V. Budget,§§ 43-72 Art. VI. Borrowing Money and Incurring Indebtedness, § 73 Art. VII. Department of Finance,§§ 74-97 Art. VIII. Department of Personnel, §§ 98-100 Art. IX. Planning, Zoning, Housing, Slum Clearance and Blight

ed Areas, §§ 101-107 Art. X. City Attorney: Municipal Court: Police and Fire Depart-

ments, §§ 108-110 Art. XI. Initiative and Referendum,§§ 111-122 Art. XII. Assessment and Collection of Taxes,§§ 123-136 Art. XIII. General Provisions,§§ 137-153 Art. XIV. Succession in Government,§§ 154-162 Art. XV. [Becoming Law],§§ 163-165 Art. XVI. [Adoption],§§ 166-168

PREAMBLE

WE, THE PEOPLE AND CITIZENS AND RESIDENTS of the City of Jasper, Hamilton County, Florida, desiring to revise, amend and change the Charter Act of the said City of Jasper, Florida, and having provided a Charter Commission under the laws of the State of Florida, and the said Charter commission having prepared the following Charter to be adopted by the People of Jasper, Florida, in the manner provided by law, therefore the said Charter in the form as hereinafter set forth is submitted to the vote of the people as provided by law and when affirmatively adopted by such vote the same shall be the legal, binding and valid Charter of the said City of Jasper, Florida, as follows, to-wit:

*Editor's note-Printed herein is the Charter of the city as adopted by the electorate on April 23, 1957. The original arrangement, article headings, catchlines and article and section numbering have been retained. Material added for the clarity of the user is indicated by brackets [ ] Obvious misspellings have been corrected.

State law references-Municipal home rule powers act, F.S. Ch. 166: Charter amendments, F.S. § 166.031.

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Art. I,§ 1 JASPER CODE

ARTICLE I. INCORPORATION: FORM OF GOVERNMENT: POWERS*

Section 1. [Continuation of incorporation].

The inhabitants of the City of Jasper, Florida, within the corporate limits as now established in the manner provided by law, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the City of Jasper.

Section 2. [Boundaries].

The territorial boundaries of the City of Jasper shall be as follows: Beginning at the Southeast corner of the Southeast quarter of the Southwest quarter of Section 32; Township 2 north, range 14 east, and from there running West one and one-quarter (1 ¼) miles to the Southwest corner of the Southeast Quarter of the Southwest quarter of Section 31, Township 2 North, Range 14 East, and from there running South one-half (½) mile; thence East one-quarter (¼) mile; thence South one-half (½) mile; less 210 feet, to the Northwest corner of what is now Block one (1), Old Town Survey; and thence run East along the Southern Edge of Smith Street to the Northeast comer of what is now Block five (5), Old Town Survey; Thence South along the Western edge of Ancrum Street to the Section line running East and West dividing Sections 6 and 7, Township 1 North, Range 14 East; thence East on said Section line to the Right-of-way of the Atlantic Coast Line Railroad; thence South oneeighth (1/s) mile to the original City limits of said City of Jasper, Florida, thence along said original City limits to the point of beginning. All the territory lying within the limits so described being hereby designated as within the Territorial limits of the City of Jasper, Hamilton County, Florida.

Section 3. Rights and liabilities in succession.

The City of Jasper shall succeed to, own, possess and hold all property, real, personal or mixed, all uncollected taxes, dues, claims, judgements, decrees and choses in action

•State law reference-Powers under home rule, F.S. § 166.021.

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CHARTER Art. I,§ 6

heretofore owned, possessed or held by the City of Jasper, and shall have, exercise and enjoy all the rights, immunities, powers, benefits, privileges and franchises now possessed or held by it.

Section 4. Former ordinances and resolutions remain in force.

All by-laws, ordinances and resolutions lawfully passed and in force in said City under its former organization, shall remain in force until altered or repealed by the council, provided for under the provisions of this charter unless heretofore repealed by the State legislature or council of the City of Jasper, and all rights and property of every description which were vested in said City under tts former organization shall remain vested in the City of Jasper and no right, obligation, bond or contract of the said City, shall be affected or impaired by this change, but all rights shall be preserved and all debts, contracts, and obligations shall be obligations upon and enforceable against the City provided that former ordinances which may not have been lawful are hereby validated and declared lawful.

Section 5. Contracts remain binding.

That no obligation or contract of the said City including bonds heretofore issued, shall be impaired or avoided by this charter, but such debts, obligations and contracts shall pass to and be binding upon the City of Jasper, and all obligations, debts, and contracts heretofore incurred or let by the said City are hereby ratified, validated and confirmed and are hereby declared to be valid and binding obligations on the City of Jasper.

Section 6. Form of government.

The municipal govemmen t provided by this charter shall be known as the "Council-Manager Government". Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as "The Council", which shall enact local ordinances, adopt budget, determine p_olicies, and appoint

3


the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance.

Section 7. Powers of city.

(a) The city shall have all the powers granted to municipal corporations and to cities by the constitution and general laws of this state together with all the implied powers necessary to carry into execution all the powers granted.

(b) The City of Jasper may have a seal and may change the san:i.e at its pleasure. It shall have a perpetual succession, may sue, and be sued;[.]

(c) The City may acquire property within or without its corporate limits for any city purpose, in fee simple or any lessor interest or estate, by purchase, gift, devise, lease or condemnation, and may sell, lease, mortgage, hold, manage and control such property as its interests may require; and, except as prohibited by the constitution of this state or restricted by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever;[.]

(d) The City, not in limitation of the foregoing may purchase, lease, receive and hold property beyond the limits of the city for burial of the dead, for the creation of water works, for the establishment of poor houses, isolation hospitals, houses of correction and detention, and parks and promanades, and for such other public works as the council may deem necessary and proper, and may sell, lease or otherwise dispose of such property for the benefit of the City, shall have power to acquire, construct, own and control all public utilities within its limits and may exercise such other powers as are granted by the state. In addition thereto, but no way in limitation of the above

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CHARTER Art. I,§ 7

granted powers or any other powers that have heretofore or may hereafter have been conferred upon the City or upon municipalities in the same class as the City, the City shall have full power and authority to make contracts and to enter into agreements with the County of Hamilton and/ or with any municipality or municipalities situate in the County of Hamilton having available jail facilities, whereby prisoners, sentenced to serve time in jail by the Jasper Municipal Court may be transported to and from jail or jails outside the City limits of Jasper but within the limits of Hamilton County, may be confined, incarcerated, kept, fed, disciplined and maintained under arrestive custody in jail during the period of time they have been lawfully sentenced to serve time in jail by the Municipal Court of the City. The City shall have power and authority to so incarcerate in and to transport under arrestive custody to and from such out-of-city jails, persons lawfully arrested and held pending posting of lawful bond, and/or prisoners who have been found guilty by the Municipal Court of the City, of violation of law within the jurisdiction of said Court and who have been sentenced by said Court to serve time in jail as punishment for such violations of law; and the City, its Court, Police or other proper officers, shall have power and authority to lawfully enjail such lawfully-detained persons and convicted prisoners in such jails outside the city limits of Jasper and within the County limits of Hamilton, and to take such prisoners to and from such jail facilities, and to maintain arrestive custody, control and discipline of and over such prisoners and persons for such purposes; and the Municipal Court of the City is herewith granted power and authority to sentence persons found guilty of violation of law within its jurisdiction, to serve time in jail as punishment for such offenses in a specific out-of-city jail or jails; the City, its Municipal Court, Police and other proper officers lawfully engaged in carrying out such functions and powers, shall not be subject to liability to any person or persons for engaging in the reasonable exercises of such powers and authority, and shall be protected from suit or other liabilities while engaged in such functions in behalf of the City in accordance with the provisions of this charter; and the City shall have such incidental powers and

5


authority as may be necessary or proper to carry out the specific powers herein granted by this charter.

Editor's note-The municipal court referred to in this subsection was abolished and jurisdiction conferred upon the county court by Laws of Florida, Chapter 73-513.

(e) The City shall have the power:

1. To raise annually by taxes and assessments in the City such sums of money as the council shall deem necessary to pay debts and defray the expense of the City, provided that such taxes and assessments are not prohibited by the laws of the State. In addition to, hut not as a limitation upon, under this general grant of power to this City, it shall have the power to levy and assess ad valorem taxes on real estate and tangible personal property, when not inconsistent with State and County laws, to levy and collect taxes for admission to or other charge for any public amusement, entertainment, performance, exhibition, sport or athletic event in the City, which taxes may be added to and collected with the price of such admission or other charge; to require licenses, and prohibit the conduct of any business, profession, vocation or calling, without such license.

2. To borrow money for the purpose and in the manner provided in this charter.

3. To make appropriations, subject to the limitations imposed by this charter, for the support of the City government and any other purpose authorized by this charter and not prohibited by the laws of the state.

4. To appropriate funds without being bound by other provisions of this charter, except and as provided in section 91 of this charter for the purpose of meeting a public emergency threatening the lives, health or property of the inhabitants of the City, provided that any such appropriation shall require the affirmative votes of four-fifths of the entire council and the ordinance making such appropriation shall contain a clear statement of the nature and extent of the emergency.

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CHARTER Art. II,§ 9

5. To accept or refuse gifts, donations[,] bequests or grants from any source for any purpose related to the powers and duties of the City government, and to act as trustee for any appropriate purpose.

6. To provide for aid in the support of public libraries and other public institutions.

7. To establish a system of pensions for injured, retired or superannuated officers and employees of the City.

The enumeration of particular powers by this charter shall not be deemed to be exclusive and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City shall have and may exercise all powers which, under the constitution and general laws of this state, it would be competent for this charter specifically to enumerate.

ARTICLE II. THE COUNCIL

Section 8. Number, selection, term.

The Council shall be composed of 4 councilmen and a Mayor elected from the City at large in the manner hereinafter prescribed in Article III except that the Council shall· be composed of 5 councilmen and a mayor until the next regular general election as set forth in this charter. Each councilman and the mayor shall serve for a term of four years. The elected Mayor, and councilmen in office at the time this charter becomes effective shall continue to serve until the expiration date of their term of office for which they were elected.

Section 9. Qualifications.

The councilmen and the mayor shall be qualified electors of the city and shall hold no other public office except that of notary public or member of the National Guard or naval or military reserve. If a councilman shall cease to possess any of these qualifications or shall be convicted of [a] felony, his office shall immediately become vacant.

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Art. II,§ 10 JASPER CODE

Section 10. Salary.

All councilmen and the mayor shall serve without compensation, except that the mayor shall receive compensation in his official capacity as municipal judge* as set forth in Article X section 109 (b).

Section 11. Mayor: chairman of the Council: assistant mayor.

The Mayor shall be a member of the Council and shall have full power to vote therein, and he shall be recognized as head of the city government for all publicity and ceremonial purposes, and by the governor for the purpose of military law; but he shall have no regular administrative duties other than as municipal judge.* The Council shall elect a chairman from among its members who shall preside over the meetings of the Council, and shall have a vote on all matters therein. The Council shall elect from among its members as [an] assistant mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs shall become mayor for the completion of the unexpired term.

Section 12. Powers of city council.

All powers of the City and the determination of all matters of policy shall be vested in the council. Without limitation of the foregoing, the council shall have power to:

1. Appoint and remove the City Manager, the City Clerk and the City Attorney;

2. Authorize the establishment of other administrative departments and the distribution of the work of divisions;

3. Adopt the budget of the City;

4. Authorize the issuance of bonds by a bond ordinance;

5. Inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs;

*Editor's note-The municipal court was abolished and jurisdiction 1

conferred upon the county court by Laws of Florida, Chapter 73-513.

8


6. Own, organize, support and maintain a public library;

7. Appoint the members of the planning and zoning board;

8. Appoint the members of the planning and zoning board of appeals;

9. Adopt plats;

10. Adopt and modify the official map of the city;

11. Regulate and restrict the height and number of stories of buildings and other structures, the size of yards and courts, the density of populations and the location and use of buildings for trade, industry, business, residence or other purpose;

12. Provide for safe and sanitary housing accommodations for families of low income;

13. Create a housing authority;

14. Adopt, modify and carry out plans proposed by the planning and zoning board for the clearance of slum districts and rehabilitation of blighted areas;

15. Adopt, modify and carry out plans proposed by the planning and zoning board for the replanning[,] improvement and re-development of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster;

16. Provide for an independent audit;

17. To contract for the collection and removal of garbage in the City and to establish and impose by ordinance a charge or fee therefor;

18. In addition to the acquisition and ownership of real estate and personal property provided for in this charter, the City is empowered to operate said property for such public purposes as the council shall consider advisable, and may sell, lease or otherwise dispose of said property for the benefit of the City provided that the council shall prior to selling any

9


real estate of the value of more than $2,000.00 or entering into a lease of real estate for a term exceeding ten years, subm1t the proposed sale of real estate or lease thereof for a term exceeding ten years to a referendum of the electors of the City who are also freeholders, and no such sale or lease exceeding a period of ten years shall be made or be valid unless it be approved by the favorable vote of at least a majority of those voting thereon;

19. To make a special assessment according to benefits received and on a pro rata basis upon real estate benefited thereby for the purpose of building sidewalks, also for constructing drainage and sanitary sewers and sewage treatment plant or plants; and also for grading, paving and curbing streets, sidewalks and promenades; and to subject itself to bonded indebtedness for the purpose of building sidewalks, also for constructing drainage and sanitary sewers and sewage treatment plant or plants; and for grading, paving, curbing streets and providing fire protection to the residents of the city, provided that before the council may incur indebtedness by issuing bonds therefor, the issuance of such bonds shall be approved by a majority of the electors of the City who are freeholders voting at any election called for the purpose of voting for or against the issuance of such bonds; except in case of bonds to be retired by funds derived from sources other than ad valorem taxes.[;]

20. To require by ordinance that the owner of any vacant lot or other real estate in the City shall keep the weeds and other growth thereon out, remove therefrom any stagnant pools of water and other matter injurious to the public health, and provide the penalty for any violation thereof; and in case the owner of said real estate shall fail to comply herewith, the City shall be and is empowered to have the work done and to assess the cost of so doing against such real estate, which shall thereupon become a lien upon said real estate and the collection thereof shall be made in the same

10


manner as the general taxes against real estate are now certified, extended and collected;

21. To provide, construct and maintain a sanitary sewerage system in the City and to compel property owners and/ or residents of the City to connect to and discharge all sanitary sewage into the sanitary sewer of the City;

22. To extend its territorial limits in the manner provided by the general statutory laws of the State of Florida now or hereafter enacted.[;]

23. Require all officers, and members of boards and commissions appointed by the council to execute an oath of office and loyalty to be approved by the council, before entering on the duties of their office. Also provide the amount and conditions of surety bonds of such officers of the City as are required to furnish a bond for the faithful performance of their duties.

Section 13. Appointment of city manager.

Within ninety days after this charter becomes effective the council shall appoint an officer of the city who shall have the title of City Manager and shall have the powers and perform the duties in this charter provided. No councilman shall receive such appointment during the term for which he shall have been elected, nor within three years after the expiration of his term. The City Manager shall have one year experience either as a city manager or as an assistant city manager and shall be at least a High School Graduate.

Section 14. Removal of city manager.

The council shall appoint the city manager for an indefinite term and may remove him by a majority vote of all its members. At least 30 days before such removal shall become effective the council shall by a majority vote of all its members adopt a preliminary resolution stating the reasons for his removal. The manager may reply in writing and may request a public hearing, which shall be held not

11


earlier than twenty days nor later than 30 days after the filing of such request. After such public hearing, if one be requested, and full consideration, the council by majority vote of all its members may adopt a final resolution of removal. By the preliminary resolution the council may suspend the manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next two calendar months following adoption of the preliminary resolution, unless the charges sustained against him by the council involve crime, fraud, embezzlement or personal misconduct.

Section 15. Council not to interfere in appointments or removals.

Neither the council nor any of its members shall direct or request the appointment of any person to, or his removal from, office by the city manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. Any councilman violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, shall be guilty of a misdemeanor and upon conviction thereof shall cease to be a councilman.

Section 16. Vacancies in council.

If a member of the council shall fail to attend the meetings of the council, with or without cause for four consecutive months, the council shall declare his office vacant. All vacancies in the council shall be filled within thirty days after occurrence of vacancy by a vote of the remaining members of the Council, until the next regular election, at which election such vacancy shall be filled for the unexpired term. All appointed councilmen shall have the same qualifications as elected councilmen.

12


Section 1 7. Creation of new departments or officers: change of duties.

The Council by ordinance may create, change and abolish offices, departments or agencies, other than the offices, departments and agencies established by this charter. The Council by ordinance may assign additional functions or duties to offices, departments or agencies established by this charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this charter to a particular office, department or agency.

Section 18. City clerk.

The council shall elect an officer of the City, who shall have the title of City Clerk, shall give notice of its meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept for the purpose all ordinances and resolutions and shall perform such other duties as shall be required by this charter or by ordinance. He shall be custodian of the corporate seal of the city and is authorized to use it for and on behalf of the city when required to do so by the council. All records in this office shall be open to inspection by any elector of the city. All monies of the city received by him shall be paid into the city treasury. He may appoint and remove a deputy city clerk with the approval of the council who shall be authorized to act as city clerk in the absence or disability of the city clerk.

Section 19. Induction of council into office: meetings of council.

The first meeting of each newly elected council for induction into office, shall be held at 7:30 o'clock in the evening on the first Monday next following its election, or as soon thereafter as practical, after which the council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than once each month. All meetings of the council shall be open to the public. In case of an emergency a special meeting may be called by the chairman of the Council. A special meeting must be called

13


by the chairman of council when requested by 3 members of the council. All meetings of the council must be open to the public. The Council shall determine its own rules of procedure and order of business, but unless a quorum of three (3) councilmen shall be present, no action shall be taken other than a motion to adjourn.

An agenda for all regular council meetings, shall be prepared by the city clerk and shall be posted on the bulletin board at the City Hall in the City at least forty-eight (48) hours prior to each regular meeting.

Section 20. Council to be judge of qualifications of its members.

The Council shall be judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts.

Section 21. Rules of procedure: journal.

The Council shall determine its own rules and order of business. It shall keep a journal of all of its proceedings, and record therein the individual vote by name of each councilman for or against all matters, resolutions or ordinances. The journal shall be open to public inspection.

Section 22. Ordinances.

In addition to such acts of the council as are required by statute or by this charter to be by ordinance, every act of the council providing for a fine or other penalty shall be by ordinance. The enacting clause of all ordinances shall be, "The council of the City of Jasper hereby ordains".

Section 23. Procedure for passage of ordinances: first reading.

Every ordinance shall be introduced in writing and shall have a title in the form in which it is to be finally passed, and after passage on first reading shall be posted on the

14


bulletin board at the city hall in the City at least one week prior to the time it will be considered for final passage and a notice of same by title shall be published at least once together with a notice of the time and place when and where it will be given a public hearing and be considered for final passage. The first publication shall be in a secular newspaper of general circulation published in the City and at least one week prior to the time advertised.

State law reference-Minimum procedures for adoption of ordinances and resolutions, F.S. § 166.041.

Section 23 b. [Ordinances to contain one subject).

Every proposed ordinance shall embrace but one subject matter and properly connected therewith, which subject shall be briefly expressed in the title.

Section 24. Second reading and public hearing.

At the time and place so advertised, or at any time and place to which such hearing shall from time to time be adjourned, such ordinance shall be read in full and, after such reading, all persons interested shall be given an opportunity to be heard.

Section 25. Further consideration: final passage.

After such hearing, the council may finally pass such ordinance with or without amendment, except that if it shall make an amendment which constitutes a change of substance, it shall not finally pass the ordinance until it shall have caused the amended sections to be posted on the bulletin board at the city hall in the City, and to be published at least once, together with the time and place when and where such amended ordinance will be further considered, which posting and publication shall be at least three (3) days prior to the time stated. At the time so advertised or at any time and place to which such meeting shall be adjourned, the amended ordinance shall be read in full and a public hearing thereon shall be held and after such hearing the council may finally pass such amended ordinance, or again amend it subject to the same conditions.

15


The second passage of any ordinance pursuant to this charter shall be final and no further passage shall be required.

Section 26. Effective date of ordinances after final passage: referendum.

After final passage every ordinance unless it shall specify another date, shall become effective at the expiration of twenty (20) days following final passage, or if the ordinance be submitted at a referendum election, then upon a favorable vote of a majority of those voting thereon except as otherwise expressly provided by this charter.

Section 27. Independent annual audit.

Prior to the end of each fiscal year the council shall designate qualified public accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit their report to the council and to the city manager. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government or of any of its offices. They shall not maintain any accounts or records of the city business, but within specifications approved by the council, shall post-audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city · government.

Editor's note-F.S. § 166.241(4) requires an annual postaudit of financial accounts in accordance with the rules of the Auditor General.

ARTICLE III. NOMINATIONS AND ELECTIONS: MUNICIPAL ELECTIONS*

Section 28. [Municipal elections generally).

The regular elections for the choices of members of the council shall be held on the first Tuesday in March. At the regular election in 1958 a mayor and two councilmen shall

•State law reference-Electors and elections, F.S. Ch. 97 et seq.

16

CHARTER Art. III, § 30

be elected for a term of 2 years. At the regular election in 1959 two councilmen shall be elected for a term of 3 years. Thereafter all Councilmen and Mayors will be elected for a term of four (4) years. The council may by resolution order a special election, at any time, for the election of a new council by the qualified electors of the city. The term "qualified elector" as used in this charter shall mean a citizen having the qualifications required by law to vote in the City who is at the time registered to vote or, if no later complete registration is in effect at the time, was registered to vote in the City at the last preceding general election. Any special election of the council shall be held as nearly as practicable according to the provisions for a regular election.

Section 29. Regulations of elections.

The council shall make all regulations which it considers needful or desirable, not inconsistent with this charter, for the conduct of municipal elections, for the prevention of fraud in elections, and for the recount of votes in case of doubt or fraud.

Section 30. Nominations: primary elections.

(a) Any qualified elector of the City having the qualifications provided for in section 9 hereof may be nominated for the council or for mayor by petition of any ten such electors who shall be designated as his sponsors. No elector shall sign more than one such petition, and should an elector do so, his signature shall be void except as to the petition first filed. With each signature shall be stated the place of residence of the signer, giving street and number or other description sufficient to identify it. Nominating petitions shall be signed and filed with the city clerk not earlier than ninety (90) days nor later than sixty (60) days before the general election. The City Clerk shall prescribe the form of and prepare such petition papers. Any signature made earlier than ninety (90) days next preceding the election shall be void. The signatures on the nominating petition need not be subscribed to one paper, but to each separate paper there shall be attached a signed statement of the

17

'·

Art. III, §30 JASPER CODE

circulator thereof, stating the number of signers of such paper and that each signature appended thereto was made in his presence and is a genuine signature of the person whose name it purports to be. All nominating papers comprising a petition shall be filed as one instrument. The City Clerk shall make a record of the exact time at which each petition is filed and shall take and preserve the name and address of the person by whom it is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination the form of which shall be prescribed and prepared by the City Clerk. ·

(b) If a petition is found to be signed by more persons than the number legally permitted, the last signatures in excess of that number shall be disregarded even if some of the earlier signatures are void. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. Within five (5) days after the filing of a nominating petition the city clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If a petition is found insufficient the city clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insuffi. cient. Within the regular time for filing petitions such a petition may be amended and filed again as a new petition or a different petition may be filed for the same candidate. The petition of each person nominated to be a member of the council shall be preserved by the city clerk until the expiration of the term of office for which he has been nominated.

(c) If more than two candidates are nominated for Mayor or more than four for Councilmen there shall be a special primary election for the nomination of candidates for mayor and councilmen to be held on the first Tuesday of February preceding each regular general municipal election. The 4 candidates for councilmen and the two candidates for mayor

18

CHARTER Art. III, § 33

receiving the highest number of votes cast by the qualified electors from the City at large shall be declared the primary nominees and their names and no others shall be printed on the ballot to be used in the general city election. No special primary election shall be had as to councilmen unless more than 4 candidates are nominated in the manner provided in this charter. No special primary election shall be had as to Mayor unless more than two candidates are nominated in the manner provided in this charter.

Section 31. Council ballots.

The full names of all candidates nominated for the council as herein before provided, except such as may have withdrawn, died or become ineligible shall be printed on the official ballots without party designations. If two, candidates with the same surnames or with names so similar as to be likely to cause confusion, are nominated, the addresses of their places of residences shall be placed with their names on the ballo.t. The names of the candidates shall be arranged in the alphabetical order of their surnames.

Section 32. Election of councilmen.

All members of the council and mayor shall be elected by electors from the city at large. Every voter shall be entitled to vote for as many candidates as there are vacancies for councilmen and for one candidate for mayor of his choice. The candidates receiving the most votes for councilman shall be declared elected councilman, and the candidate receiving the most votes for mayor shall be declared elected Mayor.

Section 33. Vacancies in the council.

If a seat in the council becomes vacant, it shall be filled for the remainder of the unexpired term by a majority vote of the remaining members of the council. If all the places in the council should become vacant at once, the city clerk shall call a special election of councilmen to serve the remainder of the unexpired term, except that if a regular ,lection for councilmen to serve for the next regular' term

19

Art. III, § 33 JASPER CODE

has already been held or is to be held not more than sixty (60) days after the occu'rring of vacancies, such a special election need not be held and the councilmen elected at the regular election shall take office forthwith or as soon as the regular election is completed.

Section 34. Voting machines.

The Council shall have power to provide for the use of mechanical or other devices for voting or counting voties in accordance with the principles set forth in this charter. For this purpose the council may fix and modify the form of the ballot, the method of expressing choices and the arrangements for conducting the election and the count, but no changes shall be made which will alter or impair the principles of the voting or of the counting.

State law reference-Electronic voting systems act, F.S. § 101.5601 et seq.

Section 35. Public supervision and information.

(a) At each election of the council any regularly nominated candidate shall be entitled upon written application to the city clerk at least five (5) days before the election:

(1) To appoint one person and one alternate to represent him as watcher and challenger at each polling place. Any person so appointed shall have all the rights and privileges prescribed by law for other watchers and challengers at any election in same place, but a watcher and his alternate shall not have the right to both remain within the polling place at the same time. Such watchers and challengers may exercise their rights at the voting places until all of the votes have been cast and the result thereof tabulated on the tally sheets by the election officers.

(2) The election officers shall permit candidates to make substitutions for persons originally appointed as watchers, challengers, representatives or observers.

20

CHARTER Art. IV,§ 37

ARTICLE IV. THE CITY MANAGER

Section 36. The city manager: qualifications.

The City Manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to duties of his office as herein set forth. At the time of his appointment, he need not be a resident of the City or State, but during his tenure of office he shall reside within the City.

Section 37. The city manager: powers and duties.

The city manager shall be the chief executive officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end, subject to the personnel provisions of this charter, he shall have power and shall be required to:

1. Appoint and, when necessary for the good of the service, remove all officers and employees of the City except as otherwise provided by this charter and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office;

2. Prepare the budget annually and submit it to the council and be responsible for its administration after adoption;

3. Prepare and submit to the council as of the end of the fiscal year a complete report of the finances and administrative activities of the City for the preceding year;

4. Keep the council advised of the financial condition and future needs of the City and make such recommendations as may seem to him desirable;

5. Submit annually to the council, not less than ninety (90) days prior to the beginning of the budget year, a list of recommended capital improvements which in

21

Art. IV,§ 37 JASPER CODE

the opinion of the manager are necessary or desfrable to be constructed during the forthcoming six year period, such list to be arranged in order of prefercmce, with recommendations as to which project shall be constructed in which year.[;]

6. Perform such other duties as may be prescribed by this charter or required of him by the council, not inconsistent with this charter.

Section 38. Absence of city manager.

To perform his duties during his temporary absence or disability, the manager may designate by letter filed with the city clerk a qualified administrative officer of the City. In the event of failure of the manager to make such designation, the council may by resolution appoint an officer of the City to perform the duties of the manager until he shall return or his disability shall cease.

Section 39. Administrative departments.

There shall be a department of finance, department of personnel, and such other departments as may be established by ordinance upon the recommendation o,f the manager.

Section 40. Directors of departments.

At the head of each department there shall be a director, who shall be an officer of the City and shall have supervision and control of the department subject to the city manager. Two or more departments may be headed by the same individual, the manager may head one or more departments, and directors of departments tnay also serve as chiefs of.divisions.

Section 41. Departmental divisions.

The work of each department may be distributed among such divisions thereof as may be established by ordlinance upon the recommendation of the manager. Pending the passage of an ordinance or ordinances distributing the work

22

CHARTER Art. V, §44

of departments under the supervision and control of the manager among specific divisions thereof, the manager may establish temporary divisions.

Section 42. Existing departments: officers excepted from city manager's control.

The administrative departments existing under the former charter of the City shall continue to function until the city manager shall otherwise direct. The municipal judge* and the city attorney and his assistant if any, shall be excepted from all provisions herein relative to supervision and control by the city manager and shall be responsible only to the council.

ARTICLE V. BUDGET

Section 43. Fiscal year.

The fiscal year of the City government shall begin on the first day of July and shall end on the last day of June of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this charter the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered. The council may not by ordinance change the fiscal year.

Editor's note-The fiscal year of all municipalities begins October first of each year and ends September thirtieth of the following year pursuant to F.S. § 166.241(2).

Section 44. Preparation and submission of budget.

The city manager, at least 35 days prior to the beginning of each budget year shall submit to the council a budget and an explanatory budget message in the form and with the contents provided by Sections 55 to 60. For such purpose, at such date as he shall determine, he, or an officer designated by him, shall obtain [from] the head of each office, department or agency estimates of revenue and expenditures of that office, department or agency, detailed by organiza-

"'Editor's note-The municipal court was abolished and jurisdiction conferred upon the county court by Laws of Florida, Chapter 73-513.

23

Art. V, § 44 JASPER CODE

tion units and character and object of expenditure, and such other supporting data as he may request; together with an estimate of all capital projects pending or which such department head believes should be undertaken (a) within the budget year and (b) within the five (5) next succeeding years. In preparing the budget, the city manager shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable.

Section 45. Budget a public record.

The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk open to public inspection by anyone. The city manager shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons.

Section 46. Publication of notice of public hearinl.g.

At the meeting of the council at which the budget and budget message are submitted, the council shall determine the place and time of the public hearing on the budget, and shall cause to be [published] a notice of the place and time, not less than seven (7) days after date of publication, at which the council will hold a public hearing.

Section 4 7. Public bearing on budget.

At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof.

Section 48. Further consideration of budget.

After the conclusion of such public hearing the council may insert new items or may increase or decrease the items of the budget, except items or proposed expenditures fixed by law or prescribed by sub sections (a) (b) (c) (d) (e) (f) (g) (h) and (i) of section 68. The council may not vary the titles,

24

CHARTER Art. V, § 52

descriptions or conditions of administration specified in the budget. Before inserting any additional item or increasing any item of appropriation, it must cause to be published a notice setting forth the nature of the proposed increases and fixing a place and time, not less than five (5) days after publication, at which the council will hold a public hearing thereon.

Section 49. Adoption of budget.

After such further hearing, the council may insert the additional item or items, and make the increase or increases, to the amount in each case indicated by the public notice, or to a lesser amount, but where it shall increase the total proposed expenditures, it shall also increase the total anticipated revenue to at least equal such proposed expenditures.

Section 50. Vote required for adoption.

The budget shall be adopted by the favorable votes of at least a majority of all the members of the council.

Section 51. Date of final adoption: failure to adopt.

The budget shall be finally adopted not later than the twenty-seventh day of the last month of the fiscal year. Should the council take no final action on or prior to such day, the budget as submitted, shall be deemed to have been finally adopted by the council.

Section 52. Effective date of budget: certification.

Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted shall be certified by the City manager and City clerk and filed in the office of the director of finance. The budget so certified shall be printed, mimeographed, or otherwise reproduced and sufficient copies thereof shall be made available for the use of all offices, departments and agencies and for the use of interested persons and civic organizations.

25


Section 53. Budget establishes appropriations.

From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes th,erein named.

Section 54. Budget establishes amount to be raised by property tax: certification to taxing au~ thority.

From the effective date of the budget, the amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city in the corresponding tax year. A co,py of the budget as finally adopted shall be certified by th1e city manager and filed by him with the officer, board, or commission whose duty it shall be to levy such taxes for the corresponding tax year.

Section 55. Budget message: current operations.

The budget message submitted by the city manager to the council shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the City for the budget year and shall describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous year in cost and revenue items and shall explain any major changes in financial policy.

Section 56. Budget message: capital improvements.

As a part of the budget message, with relations to the proposed expenditures for down payments and other proposed expenditures for capital projects stated in the budget, the city manager shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year.

26


Section 57. Budget message: capital program.

The city manager shall also include the message, or attach thereto, a capital program of proposed capital projects for the five (5) fiscal years next succeeding the budget year, prepared by the planning commission, together with his comments thereon and any estimate of costs prepared by the department of public works or other office, department or agency. For the use of the planning commission in preparing such capital program, copies of the departmental estimates of capital projects, filed with the city manager pursuant to Section 44 of this article, shall be filed with the commission.

Section 58. Budget message: supporting schedules.

Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital improvements, as the city manager shall believe to be useful to the council.

Section 59. Budget.

The budget shall provide a complete financial plan for the budget year. It shall contain in tabular form:

(a) A general summary.[;]

(b) Detailed estimates of all anticipated revenues applicable to proposed expenditures;

(c) All proposed expenditures.

The total of such anticipated revenues shall equal the total of such proposed expenditures.

Section 60. Anticipated revenues.

Anticipated revenues shall be classified as "surplus", "miscellaneous revenues" and "amount to be raised by property tax", miscellaneous revenues shall be sub-classified by sources and shall be estimated as prescribed in Sections 63 to 67 of this article.

27


Section 61. Anticipated revenues compared with other years.

In parallel columns opposite the several items of anticipated revenues there shall be placed the amount of each item in the budget of the last completed fiscal year, the amounts of such items actually received during the year, the amount of each such item in the budget of the current fiscal year and the amount actually received to the time [ ot1 preparing the budget plus receipts for the remainder of the current fiscal year estimated as accurately as may be.

Section 62. Surplus.

Surplus shall include:

(a) Revenue receipts made available by the laps:ing of unencumbered appropriation balances at the beginning of the budget year;

(b) Receipts from unanticipated miscellaneous revenues of the preceding fiscal year;

(c) Receipts from anticipated miscellaneous revenues of the preceding fiscal year in excess of the estimates in the budget;

(d) Receipts during the previous fiscal year from taxes or liens against which a complete reserve has been established.

Section 63. Miscellaneous revenues.

Miscellaneous revenues shall include anticipated revenues from the collection of taxes other than the general property tax; the amount of state aid to be received; the amount by which the city is expected to benefit from taxes collected by the state; the amounts estimated to be received from s:ervices and sales, fines and forfeitures, pension assessments, special assessments and any other special or non-recurring sources.

28

CHARTER Art. V, §67

Section 64. Miscellaneous revenues: anticipated surplus from municipal utility or other public service enterprise.

The anticipated revenues and proposed expenditures of each utility or other service enterprise owned, or operated, by the city, shall be stated in a separate section of the budget (each bearing the name of the utility); and as to each such utility, an anticipated surplus, if legally available for general purposes, shall be stated as an item of miscellaneous revenue in the budget.

Section 65. Miscellaneous revenues: measure of estimates.

No miscellaneous revenue from any source shall be included as an anticipated revenue in the budget in an amount in excess of the average of the amount actually realized in cash from the same source in the next preceding fiscal year, and that actually realized in the first ten months of the current fiscal year plus that to be received in the remaining two months of the year estimated as accurately as may be, unless the city manager shall determine that the facts clearly warrant the expectation that such excess amount will actually be realized in cash during the budget year and shall certify such determination in writing to the council.

Section 66. Miscellaneous revenues: receipts from special assessments.

Revenues from the collection of special assessments on property specially benefited shall not be stated in an amount which is in excess of the amount of the receipts so derived which it is estimated will be held in cash on the first day of the budget year.

Section 67. Miscellaneous revenues: from new sources.

No revenue from a new source not previously stated in the budget shall be included unless the city manager shall determine that the facts clearly warrant the expectation

29


that such revenue will be actually realized in cash during the budget year in the amount stated and shall certify such determination in writing to the council. If the new revenue is to be received from the state, the anticipated amount shall not exceed the amount which the proper officer of the state shall declare in writing to be the amount which may reasonably be anticipated in the budget year.

Section 68. Proposed expenditures.

The proposed expenditures shall be itemized in such form and to such extent as shall be provided by law, and in the absence of such provisions, by regulations established by ordinance. Separate provisions shall be included in the budget for at least:

(a) Interest, amortization and redemption charges on the public debt for which the faith and credit of the City is Pledged;

(b) Other statutory expenditures;

(c) The Payment of all judgements;

(d) The amount by which the total receipts of miscellaneous revenues in the last completed fiscal year failed to equal the total of the budget estimates of receipts from miscellaneous revenues in that year;

(e) An amount equal to the aggregate of all taxes levied for the third fiscal year prior to the budget year which are delinquent and outstanding on the sixtieth (60th) day prior to the beginning of the budget year, except to the extent the city may have made provisions therefor by reserving the full amount of said delinquent taxes;

(f) An amount equal to the aggregate of all cancellations, remissions, abatements and refunds of taxes, that have been made during the current fiscal year;

(g) An amount equal to the aggregate of all special revenue notes which it is estimated will be outstanding at the end of the current year in anticipation of the collection of revenues other than the property tax;

30


(h) An amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year;

(i) If the City is required to make up the deficit arising from the operations of utility or other public service enterprises, an amount equal to the deficit from such operations during the last completed fiscal year, separately stated for each utility or other public service enterprise which appears in a separate section of the budget;

(j) Administration, operation and maintenance of each office, department or agency of the city itemized by character and object expenditure;

(k) Contingent expense in an amount not more than three per centum of the total amount stated pursuant to subsection (j) of this section; [.]

Section 69. Proposed expenditures: comparison with other years.

In parallel columns opposite the several items of proposed expenditures, there shall be placed the amount of each item in the budget of the last completed fiscal year, the amount of such items actually expended during such year, the amount of each such item in the budget of the current year and the amount actually expended to the time of preparing the budget plus the expenditures for the remainder of the current fiscal year estimated as accurately as may be.

Section 70. Budget summary.

At the head of the budget there shall appear a summary of the budget, which need not be itemized further than by principal sources of anticipated revenue, stating separately the amount to be raised by property tax, and by departments and kinds of expenditures, in such a manner as to present to taxpayers a simple and clear summary of the detailed estimates of the budget.

31


Section 71. Transfer of funds.

The council shall have authority to transfer any fund or funds of said City to any other fund, provided however, that transfer shall not be made out of any sinking fund or funds.

Section 72. Limitation of appropriations.

At the close of each fiscal year the unencumbered balance of each appropriation shall revert to the respective fund from which it was appropriated and shall be subject to future appropriation. Any accruing revenue of the Ciity as herein provided, and any balance at any time remaining after the purpose of the appropriation shall have been satisfied or abandoned, may from time to time be appropriated by the council to such use as will not conflict with any uses for which such revenue specifically accrued. No monies shall be drawn from the treasury of the City nor shall any obligation for the expenditure of mom:ly be incurred, except pursuant to appropriation therefor by the council.

ARTICLE VI. BORROWING MONEY AND INCURRING INDEBTEDNESS*

Section 73. [Borrowing money and incurring indebtedness].

The City shall have autq.ority to issue Bonds, Notes, Debentures and Certificates of Indebtedness under the provisions of the Florida Statutes now in force or hereafter enacted, and the procedure for the issuance, validation, sale and handling of same shall be as provided by the General Laws of the State of Florida.

ARTICLE VII. DEPARTMENT OF FINANCE

Section 7 4. Director of finance: appointment.

There shall be a department of finance, the head of which shall be the director of finance or comptroller who shall be, or be appointed by, the city manager.

•state law reference-Municipal borrowing, F.S. § 166.101 et seq.

32

CHARTER Art. VII, § 78

Section 75. Director of finance: qualifications.

The director of finance shall have knowledge of municipal accounting and taxation and have had experience in budgeting and financial control.

Section 76. Director of finance: salary.

The director of finance shall receive an annual salary the amount of which shall be fixed by the council by ordinance.

Section 77. Director of finance: surety bond.

The director of finance shall provide a bond with such surety and in such amount as the council may require by ordinance.

Section 78. Director of finance: powers and duties.

The director of finance shall have charge of the administration of the financial affairs of the city and to that end shall have authority and shall be required to:

(1) Compile the current expense estimates for the budget for the city manager;

(2) Compile the capital estimates for the budget for the city manager;

(3) Supervise and be responsible for the disbursement of all monies and have control over all expenditures to insure that budget appropriations are not exceeded;

(4) Maintain a general accounting system for the City government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the City government to be made daily or at such intervals as he may deem expedient;

33

Art. VII, § 78 JASPER CODE

(5) Submit to the council through the city manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City;

(6) Prepare for the city manager, as of the end of each fiscal year a complete financial statement and report;

(7) Supervise and be responsible for the assessment of all property within the corporate limits of the City for taxation, make all special assessments for the City government, prepare tax maps and give such notice of taxes and special assessments as may be required by law;

(8) Collect all taxes, special assessments, license fe,es and other revenues of the City or for whose collection the City is responsible and receive all money receivable by the City from the state or federal government oir from any court, or from any office, department or agency of the City;

(9) Have custody of all public funds belonging to or under the control of the City, or any office, department or agency of the City government, and deposit all funds coming into his hands in such depositories as may be designated by resolution of the council, or, if no such resolution be adopted, by the city manager, subject to the requirements of law as to surety and the payment of interest on deposits, but all such interest shall be the property of the City and shall be accounted for and credited to the proper account;

(10) Have custody of all investments and invested funds of the City government, or in possession of such government in a fiduciary capacity, and have the safe keeping of all bonds and notes of the City and the receipt and delivery of City bonds for transfer, registration or exchange;

(11) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the City government;

34


(12) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made.

Section 79. Work programs: allotments.

Before the beginning of the budget year, the head of each office, department or agency shall submit to the city manager, when required by him a work program for the year, which program shall show the requested allotment of the appropriations for such office, department or agency, by monthly periods, for the entire budget year. The city manager shall review the requested allotments in the light of the work program of the office, department or agency concerned, and may revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriation available to said office, department or agency for the budget year.

Section 80. Allotments constitute basis of expendi-tures and are subject to revision.

The city manager shall file a copy of the allotment with the director of finance, who shall authorize all expenditures for the offices, departments and agencies to be made from the appropriations on the basis of approved allotments and not otherwise. An approved allotment may be revised during the budget year in the same manner as the original allotment was made. If, at any time during the budget year, the city manager shall ascertain that the available income, plus balances, for the year will be less than the total appropriations, he shall reconsider the work programs and allotments of the several offices, departments and agencies and revise the allotments so as to forestall the making of expenditures in excess of the said income.

Section 81. Transfers of appropriations.

The city manager may at any time transfer any encumbered appropriation balance or portion thereof be-

35


tween general classifications of expenditures within an office, department or agency. At the request of the city manager and within the last three months of the budget year, the council may by resolution transfer any unencumbered appropriation balance of or portion thereof from one office, department or agency to another. No transfer shall be made from the appropriations required by subsections (a) (b) (c) (d) (e) (f) (g) (h) and (i) of Section 68 of this charter.

Section 82. Accounting supervision and control.

The director of finance shall have power and shall be required to:

(1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the City government;

(2) Examine and approve all contracts, orders and other documents by which the City government incurs financial obligations, having previously ascertained that monies have been appropriated and allotted and will be available when the obligations shall become due and payable;

(3) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the City government and with the advice of the department of law determine the regularity, legality and correctness of such claims, demands or charges;

(4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the City government apart from or subsidiary to the accounts kept in his office.

Section 83. When contracts and expenditures are prohibited.

No officer, department or agency shall, during any budget year expend or contract to expend any money or incur any liability, or enter into any contract which by its terms

36


involves the expenditure of money, for any purpose, in excess of the amounts appropriated for that general classification of expenditure pursuant to this charter. Any contract, verbal or written, made in violation of this charter shall be null and void. Any officer or employee of the City who shall violate this section shall be guilty of a misdemeanor and upon conviction thereof, shall cease to hold his office or employment. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which such contract is made, when such contract is permitted by law.

Section 84. Appropriations lapse at end of year.

All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered.

Section 85. Fees shall be paid to city government.

All fees received by any officer or employee shall belong to the City government and shall be paid daily to the department of finance.

Section 86. Division of purchases.

There shall be established in the department of finance a division of purchases, the head of which shall be the City purchasing agent. The city manager may appoint or the city manager may be the city purchasing agent. The purchasing agent, pursuant to rules and regulations established by ordinance, shall contract for, purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the City government. The purchasing agent shall also have power and shall be required to:

1. Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government;

37


2. Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity and conformance with specifications;

3. Have charge of such general storerooms and warehouses as the council may provide by ordinance;

4. Transfer to or between offices, departments or agencies, or sell as the council may provide by ordinance, surplus, obsolete, or unused supplies, materials and equipment.

Section 87. Competitive bidding.

Before the city purchasing agent makes any purchase of or contract for supplies, materials or equipment, he shall give ample opportunity for competitive bidding, under such rules and regulations, and with such exceptions, as the council may prescribe by ordinance; provided, however,. that the council shall not except individual contracts, purchases or sales costing more than $300.00 dollars from the requirement of competitive bidding.

Section 88. Contracts for city improvements.

Any City improvement costing more than $300.00 shall be executed by contract except where such improvement is authorized by the council to be executed directly by the City department in conformity with detailed plans, specifications and estimates. All such contracts for more than three hundred dollars ($300.00) shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed by ordinance, not inconsistent with this charter, provided the city manager shall have the power to reject all bids and advertise again. Alternations [alterations] in any contract may be made when authorized lby the council upon written recommendation of the city manager.

Section 89. Accounting control of purchases.

All purchases made and contracts executed by the purchasing agent shall be pursuant to a written requisition

38


from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the director of finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued.

Section 90. No contract executed until bond ordinance effective.

No contract shall be executed for the acquisition of any property or the construction of any improvement or betterment to be financed by the issuance of bonds until the ordinance authorizing the issuance of such bonds shall have taken effect and any contract executed before such day shall be unenforceable in any court of law.

Section 91. Emergency appropriations.

At any time in any budget year, the council may, pursuant to this section, make emergency appropriations to meet a pressing need for public expenditure, for other than a regular or recurring requirement, to protect the public health, safety or welfare. Such appropriations shall be by resolution adopted by the favorable vote of at least four-fifths (4/5) of the members of the council, and shall be made only upon recommendation of the city manager. The total amount of all emergency appropriations made in any budget year shall not exceed three (3%) per centum of the total operating appropriations made in the budget for that year.

Section 92. Borrowing to meet emergency appropriations.

In the absence of unappropriated available revenues to meet emergency appropriations under provisions of Section 91, the council may by resolution authorize the issuance of notes, each of which shall be designated "emergency note" and may be renewed from time to time, but all such notes of

39


any fiscal year and renewals thereof shall be paid not later than the last day of the fiscal year next succeeding the budget year in which the emergency appropriation was made.

Section 93. Borrowing in anticipation of property taxes.

In any budget year, in anticipation of the collection of the property tax for such year, whether levied or to be levied in such year, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the City, each of which shall be designated "tax anticipation note for the year["] (stating the budget year). Such notes may be issued for periods not exceeding one year and may be renewed from time to time for periods not exceeding one year, but together with renewals shall mature and be paid not later than the end of the third fiscal year aftier the budget year in which the original notes shall have been issued. The amount of tax anticipation notes originally issued in any budget year shall not exceed fifty (50%) per centum of the amount of the property tax levied in that year for city purposes. On renewal of tax anticipation notes of any given year, the amount renewed in the next succeeding fiscal year shall not exceed twenty (20%) per centum of the amount originally issued, and the amount renewed in the second fiscal year succeeding the year of levy shall not exceed four (4%) per centum of the amount originally issued.

Section 94. Borrowing in anticipation of other rev-enues.

In any budget year, in anticipation of the collection or receipt of other revenues of that budget year, the council may by resolution authorize the borrowing of money by the issuance of negotiable notes of the City, each of which shall be designated "special revenue note for the year" (Stating the budget year). Such notes may be renewed from time to time, but all such notes, together with the renewals, shall mature and be paid not later than the end of the fiscal year after the budget year in which the original notes shall have

40

CHARTER Art. VIII, § 99

been issued, and shall not exceed fifty (50%) per centum of such other revenue accruing in such budget year.

Section 95. Notes redeemable prior to maturity.

No notes shall be made payable on demand, but any note may be made subject to redemption prior to maturity on such notice and at such time as may be stated in the note.

Section 96. Sale of notes: report of sale.

All notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale without previous advertisement by the director of finance.

Section 97. Payment of notes.

The power and obligation of the City to pay any and all notes hereafter issued by it pursuant to this article shall be unlimited and the city shall levy ad valorem taxes on all taxable property within the City for the payment of such notes and interest thereon without limitation of rate or amount. The faith and credit of the City is hereby pledged for the city hereafter issued pursuant to this article, whether or not such pledge be stated in the notes.

ARTICLE VIII. DEPARTMENT OF PERSONNEL

Section 98. Merit basis of appointment.

Appointments and promotions in the administrative service of the City shall be made according to merit and fitness. To carry out this purpose there shall be a department of personnel.

Section 99. Unclassified and classified service.

The civil service of the City shall be divided into the unclassified and the classified service.

(a) The unclassified service shall comprise the following offices and positions:

41

Art. VIII,§ 99 JASPER CODE

1. Members of the city council and other elective officers, and persons appointed to fill vacancies in elective offices; the municipal judge;* the city attorney;

2. The city manager and the assistant city manager, if any;

3. Members of boards and commissions in the City's service;

4. Persons employed to make or conduct a special inquiry, investigation, examination or installation, if the council or the manager certifies that such employment is temporary, and that the work should not be performed by employees in the classified service;

5. Persons engaged in contract labor for the City.

(b) The classified service shall comprise all positions not specifically included by this section in the unclassified service.

Section 100. Prohibitions.

No person in the classified service of the City or seeking admission thereto shall be appointed, promoted, reduced, removed, or in any way favored or discriminated against because of his race or his political or religious opinions or affiliations. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in :regard to any test, certification, or appointment held or made under the personnel provisions of this charter or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or of the rules and regulations made thereunder. No officer or employee in the classified service of the City shall continue in such position after becoming a candidate for nomilnation or election to any public office. No person seeking appointment to or promotion in the classified servicei of the

*Editor's note-The municipal court was abolished and ju1risdiction conferred upon the county court by Laws of Florida, Chapter 73-513.

42

CHARTER Art. IX,§ 101

City shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with his test appointment, proposed appointment, promotion or proposed promotion. No person shall orally, by letter or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the classified service of the City. No person holding a position in the classified service of the City shall make any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs or political campaign of any political party, further than in the exercise of his rights as a citizen to express his opinion and to cast his vote. Any person who by himself or with others willfully or corruptly violates any of the provisions of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by fine or imprisonment or both such fine and imprisonment as is provided in and by the laws of the State of Florida in case of a misdemeanor. Any person who is convicted under this section shall for a period of five (5) years be ineligible for appointment to or employment in a position in the city service and shall, if he be an officer or employee of the City, immediately forfeit the office or position he holds.

ARTICLE IX. PLANNING, ZONING, HOUSING, SLUM CLEARANCE AND BLIGHTED AREAS

Section 101. Planning and zoning board: organization.

There shall be a planning and zoning board which shall consist of five members who shall be appointed by the council, none of whom shall hold any other public office or position in the city. The City manager and Mayor shall attend meetings of the planning and zoning board in an advisory capacity only and shall not have a vote in its

43

Art. IX, § 101 JASPER CODE

deliberations. The board shall elect its chairman from among its members and shall serve without pay.

Section 102. Planning and zoning board: term of office: vacancies.

The term of the appointive members shall be 4 years, except that those who are already serving shall serve until 1960, at which time five new appointments shall be made. Three of those members appointed shall serve for four years and two of which shall serve for two years. After the first appointment under this section the Council shall, in those years when two councilmen are elected, appoint two members of the board to serve for four years and in those years when two councilmen and a mayor are elected the council shall appoint three members of the board to serve for four years. Any vacancy during the unexpired term of an appointive member shall be filled by the council for the remainder of the term.

Section 103. Planning and zoning board: powers and duties.

They shall have power and shall be required to:

1. Make, amend, extend and add to the master plan for the physical development of the City.[;]

2. Exercise control over platting or subdividing land within the City;

3. Draft for the council an official map of the City and recommend or disapprove proposed changes in such map;

4. Make and adopt, as provided in Section 104 of this charter a Zoning plan and recommend or disapprove proposed changes in such plan;

5. Make and adopt plans for the clearance and rebuilding of slum districts and blighted areas within the City.[;]

6. Promote public interest in and understanding of the master plan and of planning, zoning and slum clearance;

44

CHARTER Art. IX,§ 104

7. Meet not less than once each month and keep a public record of its resolutions, findings, and determinations.

The planning and zoning board shall have power to:

1. Require information which shall be furnished within a reasonable time from the other departments of the city government in relation to its work;

2. In the performance of its functions, enter upon any land and make examinations and surveys and place and maintain necessary monuments and marks thereon;

3. Make and adopt a plan for the replanning, reconstruction or redevelopment of any area or district which may be destroyed in whole or in part or seriously damaged by fire, earthquake, flood or other disaster;

4. Within its budget appropriation, contract with city planners and other consultants for such services as it may require.

Section 104. Planning and zoning board of appeals.

There shall be a planning and zoning board of appeals which shall consist of five members to be appointed by the council for a term of three (3) years, except that of the members first appointed two (2) shall be for a term of one (1) year and two (2) for a term of two (2) years and one (1) for a term of three (3) years. All members shall serve without pay. Any member of the board may be removed by the council after public hearing. Any vacancy shall be filled for the unexpired term of the member whose place has become vacant. All meetings of the board shall be held at the call of the chairman, who shall be designated by the council, and at such other times as such board may determine. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every order, requirement, decision or determination of the board shall immediately be filed in the office of the board

45

Art. IX, § 104 JASPER CODE

and shall be a public record. The board shall have power to hear and determine appeals from refusal of building permits and to permit exceptions to or variations from the zoning regulations in classes of cases or situations and in accordance with principles, conditions and procedure specified in the ordinance. All decisions of the planning and zoning board of appeal shall be final unless a further appeal is perfected to the council by filing a notice of appeal in the office of the city clerk within five (5) days from the date of the decision appealed from the payment to the city clerk of an appeal fee which shall be an additional sum of not less than fifteen ($15.00) dollars.

Section 105. Zoning ordinances.

For the purpose of promoting the health, safety, morals or general welfare of the city, the council may by ordinance regulate the location, height, bulk and size of buildings or other structures, the size of yards, courts and other spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence or other purposes. Such ordinances may provide tlnat the zoning board of appeals may in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the zoning board of appeals may authorize variances from the strict application of the regulations and subject to such limitations as may be set forth in the ordinance.

Section 106. Approval of planning and zoning board.

No real property or interest therein shall be acquired for or contracted for housing or for any housing project ·or any part thereof and no housing or housing projects shall be constructed or the construction thereof contracted for unless the location and extent of such housing or housing project be submitted to the planning and zoning board and approved by such board; provided however, that if

46

.,

CHARTER Art. X, § 109

disapproved by such board the council, by a majority vote of all its members, shall have powers to overrule such disapproval.

Section 107. Powers of council in replanning and redevelopment of neighborhoods and disaster areas.

The council shall have power to adopt, modify and carry out plans proposed by the planning and zoning board for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster.

ARTICLE X. CITY ATTORNEY: MUNICIPAL COURT: POLICE AND FIRE DEPARTMENTS

Section 108. City attorney.

The council shall appoint a city attorney, upon such terms and for such compensation as the council may fix, who shall act as legal advisor to and attorney for the City and all of its officers in matters relating to their official duties, and shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party, and shall perform such other professional duties as may be required of him by the council. The City Attorney shall be an attorney-at-law admitted to practice in the courts of Florida. The Council may appoint such assistant city attorney as it may deem necessary.

Section 109. Municipal court.

(a) There is hereby established a municipal court in the City for the trial of all offenders against all municipal ordinances.

(b) The Mayor shall be municipal judge and shall receive such compensation as may be determined by the council.

(c) The Municipal Judge shall have power to try all cases involving violations of the city charter and ordinances, and

47

Art. X, § 109 JASPER CODE

for such violations to impose such penalties or fines as may be prescribed by ordinance, and shall have power to try cases upon affidavit filed by the complaining witness. The municipal judge shall have the right to administer oaths, and shall have the power to issue warrants for arrest upon proper information or affidavits, and to issue summons to compel the attendance of witnesses, and in the event any witness so summoned shall fail to appear and attend the court, said judge may compel his attendance by attachment for contempt. All summons to witnesses shall be attested by the city clerk who shall be clerk of the municipal court and may be served by any police officer.

(d) The municipal judge shall have the exclusive power to impose fines for the breach of any City ordinance, and shall have the exclusive power to grant pardons, releases, suspensions of judgements or sentences, to reinstate bonds, to remit fines of persons convicted and shall have the right to grant parole to persons confined in the City jail or stockade.

(e) Contempt of court: The judge of the municipal court shall have the power to punish any person for contempt committed in the presence of the court, but in no case shall such punishment exceed the imposition of a fine o:f fifty ($50.00) dollars or imprisonment in the city jail or stockade for a period not exceeding fifteen (15) days, or both such fine and imprisonment.

(f) Rules of court: The municipal judge is hereby authorized and empowered to promulgate rules and regulations for the government of such municipal court, to fix the time at which said court shall convene, and to prescribe the sessions at which all persons within the jurisdiction of said court shall have their cases set for trial.

(g) Costs of court: The costs of all prosecutions in said court shall be made up by the municipal judge and set forth as a rule or regulation of said municipal court.

(h) Disposition of fines: All monies collected by the clerk of the municipal court shall be deposited with the director of finance.

48

CHARTER Art. XI, § 111

(i) Papers recorded: No papers or instruments once filed in the municipal court shall be taken therefrom by any attorney or other person, except by permission of the municipal judge, and then only upon giving a receipt to assure the return of papers and instruments.

(j) Trials without jury: Trials in municipal court shall be without jury.

(k) Appeals: Appeals shall be to the Circuit Court in and for Hamilton County, State of Florida, from all final judgements and sentences of the municipal court. Such appeals shall be taken only upon application of the party convicted, and under the restrictions imposed by the general law of the State of Florida in such cases made and provided.

(1) Alternate judge: The council shall have the power to appoint an alternate judge who shall perform and exercise all jurisdiction and powers of the municipal judge in his absence from the City or inability to act in case of illness or disqualification, and he shall receive such compensation as may be fixed by the council.

Editor's note-The municipal court was abolished and jurisdiction conferred upon the county court by Laws of Florida, Chapter 73-513.

Section 110. Police and fire department.

There shall be a police and fire department, whose duties and offices shall be established by ordinance.

ARTICLE XI. INITIATIVE AND REFERENDUM

Section 111. Power of initiative.

The electors shall have power to propose any ordinance, except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or rej~ct the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the council by a petition signed by qualified electors of the City equal in number to at least 20 per centum of the registered voters at the last regular municipal election.

49

Art. XI, § 112 JASPER CODE

Section 112. Power of referendum.

The electors shall have power to approve or reject at the polls any ordinance passed by the council, or submitted by the council to a vote of the electors, except as provided in Section 73 of this charter. Ordinances submitted to the council by initiative petition and passed by the council without change shall be subject to referendum in the same manner as other ordinances. Within twenty days after the enactment by the council of any ordinance which is subject to a referendum, a petition signed by qualified electors of the city equal in number to at least 20 per centum of the registered voters at the last regular municipal election may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors.

Section 113. Form of petitions: committee of' petitioners.

All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. There shall appear ion each petition the names and addresses of the same five ,electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be.

50


Section 114. Filing, examination and certification of petitions.

All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within twenty days after a petition is filed, the city clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city clerk shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the city cl~rk shall certify the result thereof to the council at its naxt regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings.

Section 115. Amendment of petitions.

An initiative or referendum petition may be amended at any time within ten days after notification of insufficiency has been sent by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall, within five days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.

51


Section 116. Effect of certification of referendum petition.

When a referendum petition, or amended petition as defined in Section 115 of this charter, has been certified as sufficient by the city clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided.

Section 117. Consideration by council.

Whenever council receives a certified initiative or referendum petition from the city clerk, it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The council shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the council by the city clerk. A referred ordinance shall be reconsidered by the council and its final vote upon such reconsideration shall be upon the question "Shall the ordinance specified in the referendum petition be repealed?"

Section 118. Submission to electors.

If the council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors not less than thirty days nor more than one year from the date the council takes its final vote thereon. The council may, in its discretion, and if no regular election is to be held within such period shall, provide for a special election.

Section 119. Form of ballot for initiated and re:ferred ordinances.

Ordinances submitted to [a] vote of the electors in accordance with the initiative and referendum provisions of this charter shall be submitted by ballot title, which 13hall be prepared in all cases by the city attorney or other principal

52


legal advisor of the city. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. The ballot used in voting upon any ordinance, if a paper ballot, shall have below the ballot title the following propositions, one above the other, in the order indicated; "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE". Immediately at the left of each proposition there shall be a square in which by making a cross (x) the elector may vote for or against the ordinance. Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two propositions, and one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for either of the two propositions and thereby to vote for or against the ordinance.

Section 120. Availability of list of qualified electors.

If any organization or group requests it for the purpose of circulating descriptive matter relating to the ordinance to be voted on, the board of elections or city clerk or other office, department or agency of the city having the list of qualified electors shall either permit such organization or group to copy the names and addresses of the qualified electors or furnish it with a list thereof.

Section 121. Results of election.

If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

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Section 122. Repealing ordinances: publication.

Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by the council, as in the case of other ordinances.

ARTICLE XII. ASSESSMENT AND COLLECTION OF TAXES*

Section 123. [Generally].

All Real and Personal property located within the corporate limits of the City of Jasper on January 1 of a given year, except such as may be exempt by law, shall be valued and assessed for taxes during such current year, according to its value on January 1 of such year. Railway and railroad companies. telephone and telegraph companies, street railway companies, or other public service corporations, shall be subject to taxation on real and personal property owned by them or operated within the corporate limits of the city, in the same manner and at the same rate of valuation as all other property. All property within the city limits shall be assessed and listed for the purposes of general taxation on the city tax assessment roll in the name of the owner or owners, if known by the assessing officer; but, if the owner or owners of any real property are unknown to the tax assessor, and no one has returned same for taxation, then such property may be listed and assessed as "unknown" or in the name of the person last paying taxes, or according to the best information obtained by the tax assessor. Each lot or separate tract of land shall be assessed separately, by lots and blocks when so platted, or by sections, townships and ranges, or in parts or fractions of either, as the case may be, or by metes and bounds, except that at the written request of the owners of lots or tracts of land adjoining each other, or when the owners make return thereof in such manner, such adjoining tracts of land may be assessed together. Homestead property

*Editor's note-The provisions of this article have been superseded by state law. The assessment and collection of ad valorem taxes is now performed by county officers as prescribed by general law pursuant to F.S. §§ 166.211, 193.116.

54

CHARTER Art. XII, § 124

of an owner, upon which homestead exemption is claimed, shall be taxed under one assessment and listing. Where real estate is assessed together under the conditions mentioned, the tax levied and assessed must be paid without splitting or division. Personal property shall be assessed separate from real estate, but in a similar manner, and it shall be the duty of the tax assessor to make a diligent search and inquiry to ascertain the description, and ownership of all personal property in the name of the owner. Taxes assessed against real estate shall constitute a lien upon such real estate, and taxes assessed against personal property shall become a lien against and upon the personal property assessed as well as a personal debt of the person assessed, and may be collected as authorized by law.

Section 124. Preparation of tax roll. The tax roll shall be prepared in the following manner:

(a) Duties of tax assessor: It shall be the duty of the tax .assessor, between the 1st day of January and the 1st day of May of each year, to ascertain by diligent inquiry all taxable property, real and personal, railroads, telegraph and telephone lines, within the city, and the name of the person, firm or corporation owing the same on the 1st day of January of each year, and to make an assessment of all such taxable property. The Tax Assessor shall visit and inspect all real estate unless personally acquainted therewith and with the improvements thereon, and shall fix the valuation of the same and shall require the owner or owners of personal property to return the same and fix the valuation thereof under oath, the tax assessor shall place a valuation thereon to the best of his or her knowledge, information and belief; and any person or persons failing or refusing to make such returns under oath on or before the 1st day of April of each year shall not be permitted afterwards to reduce the valuation placed thereon by said tax assessor for the current year. The tax assessor is hereby authorized and empowered to administer oaths to all persons returning their personal property for assessment as herein provided;

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Art. XII, § 124 JASPER CODE

(b) Errors and omissions in assessments: If the tax assessor, in making his assessment, shall discover that any land and/ or improvement thereon in the city was omitted in the assessment roll of either or all of the three previous years, or where a tax assessment or sale has been considered invalid for any other cause than lack of power to levy such tax, and is then liable to taxation, he shall assess such land for the current fiscal year, and shall also assess the same separately for each year or years as may have been omitted, or was illegally sold for taxes at the cash value thereof at the time when assessment should have been made, noting distinctly the year or years when such omission occurred and such assessment shall have the same effect as if made in the year or years when assessments were omitted, and taxes shall be levied and collected thereon in like manner, together with the taxes for the year in which assessment is being made, but no land and/or improvement thereon shall be assessed for more than three years of back taxes, and all lands and/ or improvements thereon shall be subject to be assessed into whomsoever's hands they may come;

(c) Returns: All persons, firms or corporations owning property, whether real or personal, subject to taxation by the City of Jasper, shall be required to make return of the same before the 1st day of April each year to the tax assessor. Such return shall be made upon and in conformity with blanks prepared and to be supplied for such purpose through the office of the city tax assessor, and such return shall contain a complete list of all the property taxable by the city belonging to such person, firm or corporation, for which such return is made, together with the full cash value thereof, giving separately an intelligent description and the full cash value of each separate lot and parcel of real property; which description and valuation thus returned may be considered by the assessing officer in making assessments, but he shall not be bound thereby. Should any person, firm or corporation omit

56


to make such return, as above required, the assessing officer shall assess the property not thus returned in the name of the owner, if the owner shall be known to him, and where the name of the owner is not known to him, he may assess it in the supposed or reputed owner, or occupant, or as belonging to an unknown owner, and in no case, where the real owner has failed to make return of. his property as herein required, shall the assessment thereof be declared invalid or as not lawfully made, or the enforced payment of taxes thereon be refused by reason of such property being assessed otherwise than in the name of the real owner;

(d) Rate of assessment: The percentage of taxation herein authorized shall in such case be upon the valuation of the taxable property in said city, as set forth in the city assessment roll, provided that all taxes shall be uniform upon the same classes of property within the corporate limits of the city;

(e) Extension: If, in the judgement of the council, it shall be necessary or expedient to extend the time within which the said tax assessor shall complete his said assessment roll, beyond the 1st day of May in each year, the same may be extended by resolution for not more than thirty days.[;]

(f) Present roll to board of equalization: When the assessment roll has been completed, the tax assessor shall present same to the board of equalization at its meeting.

Section 125. Board of equalization.

The city council shall, upon the first Monday in July in each year, sit as a board of equalization of taxes; and not less than ten (10) days' notice of said meeting shall be given by publication for not less than two (2) issues in a newspaper circulated within the said municipality. At such meeting the council, sitting as a board of equalization as aforesaid, shall have before it the assessment roll to be returned by the tax assessor, and shall proceed to equalize

57


and revise the said assessments. The city council at such time shall have the right to make all inquiries necessary, and take testimony, if deemed advisable, for the purpose of determining the value of any property so assessed. All persons owning property, real or personal, in the City of Jasper shall have the right to appear before the board of equalization, and to be heard; and the said board shall remain in session from day to day for as long as may be necessary to hear such complaints and to equalize and revise such assessments; provided, that the said board shall not be required to remain in session for longer than three (3) successive days. The tax assessor shall attend such meetings from day to day, and correct all mistakes, inaccuracies or changes in said roll.

Section 126. Certification of assessment roll: recording.

After the board of equalization has completed its work, it shall append to such roll its certificate that it has equalized and revised the assessment roll and that same is correct, which certificate shall be recorded in the minutes of the city council.

Section 127. Returning certified assessment roll to assessor: changes.

After said assessment roll shall have been revised and equalized as hereinabove provided, the same shall be returned to the tax assessor with a certificate of the Mayor-Council and city auditor and clerk that the same has been revised and equalized by the board of equalization, and thereafter the value fixed upon the said assessment roll shall not be changed, except that the tax assessor may certify to the council any errors appearing in such roll, and the city council by resolution may order such errors corrected.

Section 128. Levying and certifying taxes as equalized.

After the roll has been revised and equalized, the city council shall levy the taxes authorized against the values on

58


said revised and equalized roll, and the taxes so levied shall be certified forthwith by the city auditor and clerk to the city tax assessor, who shall extend the taxes so certified against the value of property on such roll.

Section 129. Tax assessor's affidavit to assessment roll.

When the tax assessor shall have completed his assessment roll, he shall attach an affidavit thereto that said roll contains a true statement and description of all persons and properly in the City of Jasper, Florida subject to taxation and liable to be assessed therein, and that the valuations thereof, so far as made by him, are just and correct so far as he is able to ascertain.

Section 130. Form of assessor's warrant to collect taxes.

To the assessment roll the tax assessor shall attach his warrant for collection directed to the city treasurer and collector in the following form, to-wit:

WARRANT FOR COLLECTION OF TAXES:

TO THE CITY TREASURER AND COLLECTOR OF CITY OF JASPER, HAMILTON COUNTY, FLORIDA:

You are hereby commanded to collect out of the real estate and personal property and from each of the persons and corporations named in the annexed Assessment Roll the taxes set down in each Roll opposite each name, corporation or parcel of land therein described, and in case taxes so imposed are not paid at the time prescribed by law, you are to collect the same by levy and sale of the goods and chattels, lands and tenements so assessed or of the person or corporation so taxed; and all sums collected you will deposit in the legally qualified depository or depositories and you are further required to make all collections on or before the first day of April next, and on or before the first Monday in July next you will make a final report to the City Council.

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Given under my hand and seal this __ day of ____ A.D. 19_.

City 'rax Assessor City of Jasper, Florida.

Section 131. When taxes due and payable[;) discount.

Taxes shall become due and payable in the City of Jasper on the first Monday in November in each year, and the City treasurer and collector shall proceed to collect the same. All persons paying current taxes during the month of November in each year shall be allowed a discount of three per cent (3%), all persons paying current taxes during the month of December in each year shall be allowed a discount of two per cent (2%); but thereafter no discount shall be allowed upon any taxes due to the said municipality.

Section 132. Delinquent payments: penalty.

All taxes not paid on or before the 1st day of April after same are levied shall be delinquent, and a penalty of two per cent (2%) shall be added thereto; and all persons offering to pay taxes after such 1st day of April shall be required to pay the said penalty of two per cent (2%) for first month and one per cent (1 %) per month thereafter for the first year, and eight per cent (8%) per year thereafter.

Section 133. Preparation of list of delinquent taxes.

Beginning April 1st in each year the city treasurer and collector shall prepare a list of ail real property upon which the current taxes have not been paid, showing the description of the lot or tract, the name of the owner shown on the assessment roll, list or cards, and the amount of taxes due thereon, which list shall be completed on or before May 1st and posted on a bulletin board in the office of the city treasurer and collector. In the event the city treasurer and collector shall not be able to complete such list by May 1st of each year, same shall not affect the validity of the proceedings, but he shall complete and post such list as quickly as possible after such date.

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CHARTER Art. XIII, § 137

Section 134. Enforcement of tax collections.

The City shall have all of the powers, privileges and remedies for the enforcement of tax collections and the payment of taxes as are provided for the collection of and enforcement of collection of taxes by the several Counties of the State of Florida, including the special powers of enforcement of collection as provided for municipalities of the State of Florida under chapter 173 of the Florida Statutes of 1955 all of which said remedies shall be cumulative and not exclusive of each other and the City may avail itself of any one or all of such powers.

Section 135. Exempt property.

All property exempt under the Constitution of the State of Florida, and the laws of the State of Florida shall be exempt from taxation by the city of Jasper and the same procedure adopted for the securing of such exemption by the State shall be used and applicable for the securing of exemption of such property by the City of Jasper, Florida.

Section 136. City tax assessor and tax collector.

The City Clerk, in addition to all other duties shall be the City Tax Assessor and Tax Collector.

ARTICLE XIII. GENERAL PROVISIONS

Section 137. Removal of officers and employees.

Any officer or employee to whom the city manager, or a head of any office, department or agency, may appoint a successor, may be removed by the manager or other appointing officer at any time. Subject to provisions of Article VIII of this charter, the decision of the manager, or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body or court whatsoever.

61

Art. XIII, § 138 JASPER CODE

Section 138. Right of city manager and other officers in council.

The city manager, the heads of all departments and such other officers of the City as may be designated by vote of the council, shall be entitled to seats in the council, but shall have no vote therein. The City Manager shall have the right to take part in the discussions of all matters coming before the council, and the directors and other officers shall be entitled to take part in all discussions of the council relating to their respective offices, departments or agencies.

Section 139. Investigations by council or city man-ager.

The Council, the city manager, or any person or committee authorized by either of them, shall have power to inquire into the conduct of any office, department, agency or officer of the City and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers, and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by a fine not to exceed $50.00 or by imprisonment not to exceed 15 days or both.

Section 140. Contracts extending beyond one year.

No contract involving the payment of money out of the appropriations of more than one year shall be made for a period of more than five (5) years, nor shall any such contract be valid unless made or approved by ordinance.

Section 141. Recall of elective officials.

The electors shall have the right at all time~ to petition the council for the calling of a recall election for the purpose of determining whether an incumbent elective official should complete his term of office or whether the unexpired term of office should be completed by another person. The petition requesting a recall election must be signed by at least

62

CHARTER Art. XIII,§ 142

fifty-one (51 %) per cent of the electors eligible to vote for the elective office in question. The Street addresses of the persons signing the petition must be shown under their signatures. The petition must state the name of the person to be recalled and the office he or she holds, and a complete and full statement giving reason for the recall of such official. Any elector of the City may submit the complete petition to the city clerk who shall give such elector a receipt therefor. The City Clerk shall within ten (10) days after receiving the petition, transmit it to the city council together with a certificate stating whether the required number of electors have signed the petition. If the city clerk's certificate shows that the required number of electors have signed the petition then it shall be mandatory that the council call a special recall election to be held within thirty (30) days from the date that the council receives the petition from the city clerk. The name of the office holder being recalled shall automatically be placed on the ballot unless such officer states in writing he does not desire that his name be placed on the ballot. The names of all other persons who have been nominated for the office shall be placed on the ballot. Petitions for nominations for such special recall election shall be filed as provided in Section 31 of this charter. The person receiving the majority of the votes cast at such special election, shall be declared as elected to serve the remainder of the unexpired term for the position voted for. If the city clerk's certificate shows that the required number of electors have not signed the petition, then the council shall reject the petition and state its reasons for the rejection in writing to the elector who originally submitted the petition. Provided that if the council shall not provide for holding such special recall election at its first meeting following the filing of said petition therefor with the city clerk, then any judge of the Circuit Court of Hamilton County, Florida shall have power and authority to require the holding of such special recall election by ordering that a writ of mandamus issue therefor.

State law reference-Municipal recall, F.S. § 100.361.

Section 142. Publicity of records. All records and accounts of every office, department or

agency of the City shall be open to inspection by any 63


citizen, any representative of a citizen's organization or any representative of the press at all reasonable times and under reasonable regulations established by the city manager, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.

Section 143. Personal interest.

No member of the council or any officer or employee of the City shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract or in the sale to the city or to a contractor supplying the city of any land or rights or interests in any land, material, supplies or services except by competitive bids. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall forfeit his office or position. Any violation of this section with the knowledge express or implied of the person or corporation contracting with the City shall render the contract voidable by the city manager of [or] the council.

Section 144. Official bonds.

The director of finance, and such other officers or employees as the council by general ordinance require so to do, shall give bond in such amount and with surety as may be approved by the council. The premiums on such bonds shall be paid by the City.

Section 145. Oath of office.

Every officer, employee and member of boards and commissions of the City shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk; "I solemnly swear (or affirm) that I wilJ support the constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the charter and ordinances of the City of Jasper and will faithfully discharge the duties of the office of ____________________ "

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CHARTER Art. XIII, § 149

Section 146. Effect of this charter on existing law.

All ordinances, laws and parts of laws relating to or affecting the City of Jasper in force when this charter shall take effect are hereby repealed and superseded to the extent that the same are inconsistent with the provisions of this charter; all special acts relating to or affecting the City and the present charter of the City are and each of them is hereby repealed.

Section 147. Publication of ordinances and notices.

All ordinances and/or public notices required to be published by the provisions of this charter, shall be published on any daily or weekly newspaper published in the City of Jasper, provided that if no newspaper shall be published in the City of Jasper at any time, then such ordinance and/or notice may be published in any newspaper published in the County of Hamilton in the State of Florida, having a general circulation in the City of Jasper.

Section 148. Effect on existing indebtedness of city.

All valid existing obligations and indebtedness by sale of bonds or otherwise, heretofore legally incurred by the City of Jasper shall continue as such against the City.

Section 149. Necessary parties to instruments.

All contracts and purchase orders or other instruments involving an expenditure by the City of $300.00 or more shall be a valid and enforceable obligation of the City when signed by the City Clerk, City Manager and the Mayor. All contracts, purchase orders or other instruments involving an expenditure of less than $300.00 by the City shall be a valid and enforceable obligation upon the City when signed by the City Clerk and the City Manager. All leases, deeds and bonds imposing any obligation or duty upon the City shall be a valid and enforceable obligation of the City when signed by the City Clerk, City Manager and the Mayor. All warrants for the payment of monies shall be signed by the City Clerk and the City Manager, or if either be out of the city, then by the Mayor, or in his absence, the assistant Mayor.

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Section 150. Suits against city.

No suit shall be maintained against the City until the expiration of thirty (30) days from the date of the service upon the Mayor and manager of a written notice stating the nature and character of the alleged claim, and in the case of a claim for damages arising out of any alleged personal injury unless written notice of such claim is served upon the mayor and manager of City stating the nature, time and place thereof within sixty (60) days from the time the alleged injury was sustained.

State law reference-No notice of claim of injury shail be required as a prerequisite to the maintenance of any action against a municipality, F.S. § 95.241.

Section 151. Short title.

This charter shall be known and may be cited as the Council-Manager Charter of Jasper, Florida.

Section 152. Service charges.

The City shall have power to purchase gas, water or electricity from any person, firm or corporation to be resold to the residents in or outside of the City, at such rates as the council shall fix by ordinance.

Section 153. Amending the charter: separability clause.

(a) Amendments to this charter may be framed and submitted to the electors of the City by a Charter Board in the manner provided by law. Amendments may also be proposed and submitted by ordinance passed by a vote of a majority of the council or by a petition signed by not less than twenty (20%) per centum of the qualified voters of the City, setting forth any proposed amendment, and filed with the City Clerk, whereupon the council shall forthwith provide by ordinance for submitting such proposed amendment to vote of the electors. Any ordinance for submitting a charter amendment to the electors shall provide that such amendment be submitted at the next regular municipal election if one shall occur not less than sixty (60) days nor

66

CHARTER Art. XIV,§ 155

more than one hundred and twenty (120) days after the passage of the ordinance; otherwise it shall provide for the submission of a [an] amendment at a special election to be called and held within the time aforesaid. Not less than thirty (30) days prior to such election the city clerk shall mail a copy of the proposed amendment to each elector whose name appears upon the registration books of the last regular municipal or general election. If a proposed amendment be approved by a majority of the electors voting thereon it shall become a part of the charter at the time fixed therein.

(b) If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.

State law reference-Charter amendments, F.S. § 166.03i.

ARTICLE XIV. SUCCESSION IN GOVERNMENT

Section 154. Assessment and tax collection in first • fiscal year.

The first fiscal year, as established by this charter shall commence on the first day of July in the year 1957.

Section 155. Rights of officers and employees preserved.

Nothing in this charter contained, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the City or of any office, department or agency existing at [the] time when this charter shall take effect, and not inconsistent with the provisions of this charter, in relation to the personnel, appointment, ranks, grades, tenure of office, promotion, removal, pension and retirement rights, civil rights or any other rights or privileges of officers or employees of the City or any office, department or agency thereof.

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Art. XIV, § 156 JASPER CODE

Section 156. Continuance of present officers.

All persons holding administrative office at the time this charter takes effect shall continue in office and in the performance of their duties until provisions shall have [been] made in accordance therewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office[,] department or agency of the City by laws of the State shall, if such office, department or agency, be abolished by this charter, or under its authority, be thereafter exercised and discharged by the office, department or agency designated by the council unless otherwise provided herein.

Section 157. Status of officers and employees holding positions when this charter takes effect.

Any person holding an office or position in the classified service of the City when this charter takes effect who shall have served in such position for a period of at least three (3) months shall be retained without preliminary or working tests and shall thereafter be subject in all respects to the provisions of this charter. Other persons in the City service at the time this charter takes effect shall be regarded as holding their positions under provisional appointments .

•

Section 158. Transfer of records and property.

All records, property and equipment whatsoever of any office, department or agency or part thereof, all powers and duties of which are assigned to any other office, department or agency by this charter, shall be transferred and delivered to the office, department or agency to which such powers and duties are so assigned. If part of the powers and duties of any office, department or agency or part thereof are by this charter assigned to another office, department or agency, all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department or agency to which such powers and duties are so assigned.

68

CHARTER Art. XIV, § 161

Section 159. Continuity of offices, departments or agencies.

Any office, department or agency provided for in this charter with a name or with powers and duties the same or substantially the same as those of an office, department or agency heretofore existing shall be deemed to be a continuation of such office, department or agency and shall exercise its powers and duties in continuation of their exercise by the office, department or agency by which the same were here-to-fore exercised and shall have power to continue any business, proceeding or other matter within the scope of its regular powers and duties commenced by an office, department or agency by which powers and duties were heretofore exercised. Any provision in any law, rule[,] regulation, contract, grant or other document relating to such a formerly existing office, department or agency, shall so far as not inconsistent with the provisions of this charter, apply to such office, department or agency provided for by this charter.

Section 160. Continuance of contracts and public improvements.

All contracts entered into by the City or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or charter provisions existing at the time this charter takes effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and charter provisions.

Section 161. Pending actions and proceedings.

No action or proceeding, civil or criminal, pending at the time when this charter shall take effect, brought by or against the City or any office, department or agency, or officer thereof, shall be effected or abated by the adoption of this charter or by anything therein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department

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Art. XIV, § 161 JASPER CODE

or agency or officer party thereto may by or under this charter be assigned or transferred to another office, department or agency or officer, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this charter.

Section 162. When provisions take effect.

The provisions of this charter shall be in effect for all purposes from and after thirty days after its approval by a majority of the qualified electors of the City.

ARTICLE XV. [BECOMING LAW]

Section 163. Charter to be recorded.

This charter or a certified copy thereof upon becoming law shall be recorded among the ordinances of the City of Jasper and in the office of Secretary of State, State of Florida and also in the office of the Clerk of the Circuit Court of Hamilton County, Florida.

Section 164. [Succession to rights and liabilities].

The City of Jasper upon this Charter becoming law shall succeed to the title, right and ownership of all property, uncollected taxes, dues, claims, judgements, decrees and choses in action held or owned by the municipal corporation, within its territorial boundaries, and the same shall pass to and be \rested in the City of Jasper, and it shall assume all debts and liabilities of the City of which it may be the successor by reason of this charter becoming effective.

Section 165. [Continuation of present offices].

All officers whose offices may be abolished by this charter shall hold office until their successors hereunder, shall be elected and qualified.

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CHARTER Art. XVI, § 167

ARTICLE XVI. [ADOPTION]

Section 166. Submission of proposed charter to the qualified voters: form of ballot.

The foregoing charter is proposed for adoption by Dan Braswell, Ed. Montgomery, Everette Browne, Raymond Camp and Frank Matthews who constitute and are the duly elected, qualified and acting Charter Commission for the City of Jasper in the State of Florida, elected at a special election therefor, regularly called and held pursuant to the laws of the State of Florida in the City of Jasper on November 27th, 1956. The foregoing charter shall be submitted to the qualified voters of the City at a special election to be held on the 23rd day of April A.D. 1957, which said date of holding such election is within sixty days after the final adjournment of said charter commission, and the final adjournment of the charter commission is within ninety days of its election. The said charter shall be submitted as a whole at said election. The subject matter of the proposed charter shall be briefly stated on the ballot so that each voter shall have the opportunity of voting for or against the approval of the same, and the form of the ballot to be used at such election is hereby prescribed by said charter commission as follows; "FOR approval of charter" "AGAINST approval of charter" proposed by the charter commission.

Section 167. Proposed charter to be published prior to election: notice of election.

The City Clerk of the city shall have said proposed charter together with a notice of the election published in the Jasper News once each week for four successive [weeks] next preceding April 23, 1957 the date fixed for such election, the first publication thereof to be not less than twenty-five days prior thereto. The city shall attach to the record of the proceedings of the Charter Commission an affidavit as to when and where and by whom such publication was made together with a printed copy of said proposed charter and notice of election. The city clerk shall also obtain a certificate of publication of the proposed charter together

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Art. XVI, § 167 JASPER CODE

with notice of election from the newspaper publishing same and place such certificate in the record of this charter commission.

Section 168. Appointment of election commissioners 1to hold election and canvass return.

Said charter commission does hereby appoint Frank Matthews, Raymond Camp and Everette Browne being three of their number who shall act as a board of election commissioners for the purpose of holding said charter election and canvassing the returns and certifying the results thereof, and they shall have all the duties pertaining to such election as the council or other city officers have and perform in the holding of general city elections. Said charter election shall be held as nearly as may be, in the same manner as other city elections.

The charter commission of the City of Jasper, Florida elected November 28, 1956 hereby approves and adopts and proposed [proposes] to the qualified voters of said City the adoption of the foregoing charter in the words and figures therein set forth as the charter of said city.

Dated at the City of Jasper, Florida this 25th. day of February 1957.

Dan Braswell, Chairman Everette Browne

Ed. Montgomery Frank Matthews

Raymond Camp

Members of Charter Commission.

STATE OF FLORIDA : HAMILTON COUNTY : CITY OF JASPER :

I, JIMMIE DUPREE, City Clerk of the City of Jasper, Florida, do hereby certify that the above and foregoing copy of the City Charter of the City of Jasper, Florida, as approved and adopted by the qualified electors at an election called and held on the 23rd day of April, A.O., 1957, is a true

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CHARTER Art. XVI, § 168

and correct copy of said Charter as the same was filed by the Charter Commission with the undersigned Clerk as the same appears on file among the records of the said City of Jasper in the office of the said City Clerk.

Witness my hand and the Seal of the said City of Jasper, Florida, on this the 17 day of May, A.D., 1957.

SEAL ls/Jimmie Dupree City Clerk of the City of Jasper, Florida.

Recorded in Office Secretary of State May 22, 1957.

[The next page is 123] 73

PART II

CODE OF ORDINANCES

Chapter 1

GENERAL PROVISIONS

Sec. 1-1. How Code designated and cited.

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

Sec. 1-2. Rules of construction.

It is the legislative intent of the city council, in adopting this Code, that all provisions and sections of this Code be liberally construed to protect and preserve the peace, health, safety and welfare of the inhabitants of the city. In the construction of this Code and any amendment thereto, the following rules shall be observed, unless the context clearly indicates otherwise:

Charter. The word "Charter" shall mean the . Charter of the City of Jasper, adopted April 23, 1957.

City. The word "city" shall mean the City of Jasper, Florida.

City council. The term "city council" or "council" shall mean the City Council of the City of Jasper.

Code. The term "this Code" or "Code" shall mean the Code of Ordinances, City of Jasper, Florida, as designated in section 1-1.

Computation of time. The time within which an act is to be done, as provided in this Code or in any order issued pursuant to this Code, when expressed in days, shall be computed by excluding the first day and including the last, except that if the last day be Sunday or a legal holiday it

123

§ 1-2 JASPER CODE

shall be excluded; and when the time is expressed in hours, the whole of Sunday or a legal holiday, from midnight to midnight, shall be excluded.

County. The term "the county" or "this county" shall mean the County of Hamilton in the State of Florida.

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.

Joint authority. All words purporting to give joint authority to three (3) or more public officers or other persons, shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise expressly declared in the ordinance granting the authority.

Month. The word "month" shall be construed to mean a calendar month.

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, affirmation, sworn, affirmed. The word "oath" shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed."

Officer. Whenever any officer is referred to by title only, such reference shall be construed as if followed by the words "of the City of Jasper, Florida." Whenever, by the provisions of this Code, any officer of the city is assigned any duty or empowered to perform any act or duty, refel'ence to such officer shall mean and include such officer or his deputy or authorized subordinate. Whenever any act is required to be done pursuant to the provisions of this Code or any ordinance of the city, by any designated officer or official of the city, and such officer or official has not been appointed, such act shall be performed by the city manager. Whenever in accordance with the provisions of this Code or any ordinance of the city, any specific act is required to be done

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GENERAL PROVISIONS § 1-2

by any designated officer or official of the city, such act may be performed by any city employee duly authorized to perform that act by such officer or official.

Or, and. "Or" may be read "and" and "and" may 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-bythe-entirety, of the whole or of a part of such building or land.

Person. The word "person" includes firms, joint adventures, partnerships, corporations, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.

Preceding, following. The words "preceding" and "following," when used by way of reference to any title, chapter or section of any ordinance of the city shall be construed to mean the title, chapter or section next preceding or next following that in which such reference is made, unless when some other title, chapter or section is expressly designated in such reference.

Property. The word "property" shall include real and personal property.

Public place. The term "public place" shall mean any place to or upon which the public resorts or travels, whether such place is owned or controlled by the city or any agency of the state or is a place to or upon which the public resorts or travels by custom or by invitation, express or implied. The term "public place" shall include any street, alley, park, public building, any place of business or assembly open to or frequented by the public, and any other place which is open to the public view, or to which the public has access.

Seal. In all cases in which the seal of any court or public office shall be required to be affixed to any paper issuing

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§ 1-2 JASPER CODE

from such court or office, the word "seal" shall be construed to mean the impression of such seal on such paper alone, as well as the impression of such seal affixed thereto by means of a wafer or wax.

Sidewalk. The word "sidewalk" shall mean that portion of a street, between the curblines or lateral limes and the right-of-way lines, which is intended for the use of pedestrians.

Signature, subscription. The words "signature" and "subscription" include a mark when the person cannot write.

State. The term "the state" or "this state" shall be construed to mean the State of Florida.

Street, highway and alley. The word "street" or "highway" shall mean the entire width, subject to an easement for public right-of-way or owned in fee by the city, county or state, of every way or place, of whatever nature, whenever any part thereof is open to the use of the public, as a matter of right, for purposes of public travel. The word "alley" shall mean any such way or place providing a secondary means of ingress and egress from a property.

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

Time. Whenever time is referred to, it means eastern standard time or the time officially in force in the city.

Week. The word "week" shall be construed to mean seven (7) days.

Written, in writing. The words "written" or "in writing" may include any form of reproduction or expression of language.

Year. The word "year" shall be construed to mean a calendar year; and the word "year," alone, shall be equivalent to the words "year of our Lord."

Sec. 1-3. Section catchlines and other headings. The catchlines of the several sections of this Code printed

in boldface type are intended as mere catchwords to indicate 126


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. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, article or division.

Sec. 1-4. Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall affect any ordinance:

(1) Promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligations assumed by the city;

(2) Containing any administrative provisions of the city council not in conflict or inconsistent with the provisions of this Code;

(3) Granting any right or franchise;

(4) Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city;

(5) Making any appropriation;

(6) Levying or imposing taxes;

(7) Establishing or prescribing grades in the city;

(8) Providing for local improvements and assessing taxes therefor;

(9) Dedicating or accepting any plat or subdivision in the city;

(10) Extending or contracting the boundaries of the city;

(11) Prescribing the number, classification, or compensation of any city officers or employees, not inconsistent herewith;

(12) Prescribing specific parking restrictions, no-parking zones; specific speed zones; parking meter zoning, and

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§ 1-4 JASPER CODE

specific stop or yield intersections or other traffic ordinances pertaining to specific streets;

(13) Pertaining to zoning;

(14) Any taxation ordinance not inconsistent with this Code;

(15) Any other ordinance, or part thereof, which is not of a general and permanent nature;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the city clerk's office.

Sec. 1-5. Code does not affect prior offenses, rights, etc.

(a) Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.

(b) The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this Code.

Sec. 1-6. General penalty for violation of Code; continuing violations.

(a) Unless another penalty is expressly provided by this Code for any particular provision or section, every person convicted of a violation of any provision of this Code shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than sixty (60) days, or by both such fine and imprisonment. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense.

(b) In addition to the penalties provided in subsection (a), the city may enjoin or abate any violation of this Code by appropriate action.

128


Sec. 1-7. Amendments to Code.

(a) Amendments to any of the prov1s1ons of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section __ of the Code of Ordinances, City of Jasper, Florida (or Jasper City Code), is hereby amended to read as follows: .... " The new provisions shall then be set out in full as desired. ·

(b) In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances, City of Jasper, Florida (or Jasper City Code), is hereby amended by adding a section, to be numbered -, which said section reads as follows: . . . . " The new section shall then be set out in full as desired.

Sec. 1-8. Supplementation of Code-Generally.

(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby 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 the omission thereof 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:

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§ 1-8 JASPER CODE

(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.

Sec. 1-9. Same-Exclusion of special or temporary ordinances.

Ordinances hereafter adopted which are not of a general or permanent nature shall be numbered consecutively, authenticated, published and recorded in the book of ordinances, but shall not be prepared for insertion in this Code, nor be deemed a part hereof.

Sec. 1-10. Responsibility of officers with respect to assigned copies of Code.

Each city officer assigned a copy of this Code shall be responsible for maintaining the same and for the proper insertion of amendatory pages as received. Each such copy shall remain the property of the city and shall be turned

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GENERAL PROVISIONS §1-11

over by the officer having custody thereof, upon expiration of his term of office, to his successor or to the city clerk, in case he shall have no successor.

Sec. 1-11. Severability.

Should any provision or section of this Code be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions or sections, it being the intent of the city council that this Code shall stand, notwithstanding the invalidity of any provision or section thereof. The provisions of this section shall apply to the amendment of any section of this Code, whether or not the wording of this section is set forth in the amendatory ordinance.


Chapter 2

ADMINISTRATION*

Art. I. In General,§§ 2-1-2-15 Art. II. Personnel Rules and Regulations,§§ 2-16-2-39 Art. III. Retirement System, §§ 2-40-2-56 Art. IV. Social Security,§§ 2-57-2-64

ARTICLE I. IN GENERAL

Sec. 2-1. City clerk's bond.

Upon appointment as city clerk the appointee shall, before assuming the duties of the office, be required to give a good and sufficient bond in the amount of ten thousand dollars ($10,000.00), with not less than two (2) sureties, or a surety company duly authorized under the laws of the state, conditioned for the faithful performance of the duties of his office, which bond shall be approved by the city council. (Ord. No. 3-19-51, § 1)

Secs. 2-2-2-15. Reserved.

ARTICLE II. PERSONNEL RULES AND REGULATIONSt

Sec. 2-16. Scope.

The personnel rules and regulations of this article shall apply to all nonelected employees and officials of the city. (Res. of 1-9-55, § 1)

*Charter references-Incorporation, form of government, powers, art. I; the council, art. II.

Cross references-Elections, Ch. 7; office of fire chief,§ 8-1; police, Ch. 14; office of chief of police, § 14-1; administration and enforcement of zoning ordinance, App. A, § 15; planning and zoning board of appeals, App. A,§ 16.

tCharter reference-Department of personnel, art. VIII.

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§ 2-17 JASPER CODE

Sec. 2-17. Appointments and applications.

(a) All appointments to the municipal service of the city shall be made on the basis of merit and shall be made by the appointing authority without regard to a person's political or religious beliefs or affiliations.

(b) All applicants for full-time employment shall complete an application form as provided by the city. All applications shall be filed with the city manager.

(c) Prior to employment, the applicant for full-time employment shall have successfully passed a physical examination by a physician, and such physician shall sign a statement to the effect that the applicant is physically fit to perform the duties of the position for which he has applied. The physician's report shall be attached to the person's application. The applicant shall bear the cost of such examination.

(d) Employees of the city shall not be required to submit written or oral applications for reemployment each time the city council reorganizes after city elections, or at any other time. All employees shall be considered as wishing to remain on the city payroll until their resignations are submitted to the appointing authority or they are absent without leave for three (3) consecutive days. (Res. of 1-9-55, § 2)

Sec. 2-18. Probationary employees.

(a) All appointments to municipal service shall be made for a working test period of six (6) months. During that time, the employee is on probation and his performance is subject to close review as to his competency to carry out his assignments and to his general attitude. During the probationary period, the employee may be dismissed at any time without right of appeal or hearing.

{b) Probationary employees shall accumulate sick leave but may draw only one day prior to the end of their probationary period.

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ADMINISTRATION § 2-21

(c) Probationary employees shall also accumulate vacation leave but such leave is not usable until expiration of twelve (12) months employment. (Res. of 1-9-55, § 3)

Sec. 2-19. Temporary or part-time employees.

(a) Employees who are employed on a temporary or part-time basis shall not be entitled to sick leave or vacation time and may be dismissed at any time by the appointing authority without written notice.

(b) Temporary or part-time employees shall be designated as such at the time of employment. In the event such employees or employee are employed on a full-time basis at a later date, their period of temporary or part-time employment shall not be considered as part of the probationary period. (Res. of 1-9-55, § 4)

Sec. 2-20. Permanent employees.

(a) All persons having successfully concluded their probationary period and who are working full-time shall be considered permanent and regular employees of the city.

(b) Former permanent employees of the city who were separated from the municipal service in good standing and who are subsequently reemployed within a period of four (4) years shall be designated as permanent employees upon such reemployment by the city and shall be entitled to all the privileges of such designation. (Res. of 1-9-55, § 5)

Sec. 2-21. Vacation leave.

(a) Every full-time employee of the city shall accumulate annual vacation leave with pay at the rate of one work day for each full month of employment. However, annual leave cannot be taken until after the expiration of the first year of employment.

(b) Permanent full-time employees who have been employed by the city for over five (5) years shall be permitted to draw one additional day of annual leave upon the completion of their sixth full year of service and upon

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§ 2-21 JASPER CODE

completion of their seventh full year, and thereafter, shall be entitled to fourteen (14) days vacation per year.

(c) Ordinarily, vacation leave shall be taken during each calendar year following the first year of employment. However, earned vacation time may be accumulated up to twenty-four (24) work days upon approval of the appointing authority. In no case shall vacation time be allowed to accumulate beyond twenty-four (24) work days.

(d) An employee with over one year of service may, with the consent of the appointing authority and proper notice to the city clerk, elect to work in lieu of drawing accumulated vacation time. In the event permission is granted, the employee shall be compensated at double his regular rate of pay for those vacation days worked.

(e) The time at which an employee shall take his vacation shall be determined by the appointing authority with due regard for the wishes of the employee and particular regard for the needs of the city.

(f) Vacation leave shall be charged against employees in not less than half-day units.

(g) Permanent full-time employees who are separated from the municipal service shall be compensated at their regular rate of pay for vacation time accrued up to the date of separation. Employees resigning may be required by the appointing authority to give two (2) weeks notice in order to be eligible for separation vacation pay. (Res. of 1-9-55, § 6)

Sec. 2-22. Sick leave.

(a) Every full-time employee of the city shall accumulate sick leave at the rate of one work day for each full month of employment. However, sick leave can not be taken, except for one day, until completion of the probationary period of six (6) months. Time lost in excess of sick leave allowable shall be deducted from the employees salary at his regular rate of pay.

(b) Sick leave shall not be considered as a privilege which an employee may use at his own discretion, but shall be

184


allowable o:nly in cases of necessity and actual sickness or disability of the employee, or because of illness or death in his immediate family, or the death of the employee's blood mother, father, brother, or sister, or to meet dental appointments, or to take physical examinations or other sickness prevention measures.

(c) To receive compensation while absent on sick leave, the employee shall notify his immediate superior or the appointing authority prior to or within three (3) hours after the time set for beginning his daily duties, or as may be specified by his department head. When absence is for more than two (2) work days, the employee may be required to file a physician's certificate.

(d) Unused sick leave may be accumulated to a total of not more than thirty-six (36) working days. In no event shall an employee be compensated for unused sick leave except that in the event an employee has three (3) consecutive years of employment with no sick leave taken the city council may award the employee in some way for his perfect record. (Res. of 1-9-55, § 7)

Sec. 2-23. Holiday leave.

(a) The following days, and such other days as may be designated from time to time by the city council, are legal holidays and all full-time employees of the city shall be given time off with pay. Compensatory time off shall be provided for those employees who are required to work during such holidays.

(1) New Year's Day: January 1st (2) Independence Day: July 4th (3) Labor Day: 1st Monday in September (4) Thanksgiving Day: Last Thursday in November (5) Christmas Day: December 25th

(b) In the event a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

(c) Holidays which occur during an employee's annual leave shall not be charged against such annual vacation leave.

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§ 2-23 JASPER CODE

(d) In the event a holiday occurs on the regularly assigned day off for a full-time employee of the police or fire departments, the employee shall be compensated by appropriate time off or by having the time added to his accrued vacation leave. The department head shall notify the city clerk of the arrangement to be made after first securing approval of the appointing authority. (Res. of 1-9-55, § 8)

Sec. 2-24. Other leaves of absence-With pay.

(a) Employees shall be granted leaves of absence for required jury duty or for any other required appearance before a court or other public body. Such employees shall receive that portion of their regular salary which will, together with their jury duty pay or fees, equal their total salary for the same period.

(b) Leaves with pay may be authorized by the appointing authority in order to allow employees to attend official meetings of a municipal nature. Leave with pay may also be granted for the purpose of allowing a regular employee to engage in official training courses or to participate in other official activities. All such leaves of absence with pay shall be approved by the appointing authority before such leave is taken. (Res. of 1-9-55, § 9)

Sec. 2-25. Same-Without pay.

(a) The appointing authority, with the approval of the city council, may grant a regular employee leave of absence without pay for not to exceed one year.

(b) No leave without pay shall be granted except upon written request of the employee.

(c) No leave shall be granted primarily in the interests of the employee except in the case of one who has shown by his record of service or by other evidence to be of more than average value to the city and whose service it is desirable to retain even at some sacrifice to the city. (Res. of 1-9-55, § 10)

186


Sec. 2-26. Absence without leave.

(a) An absence of an employee from duty, including any absence for a single day or part of a day, that is not authorized by a specific grant of leave of absence under the provisions of these rules shall be deemed to be an absence without leave.

(b) Any such absence shall be without pay and may subject the ,employee to disciplinary action. In the absence of such disciplinary action, any employee who absents himself for three (3) consecutive days without leave shall be deemed to have resigned. Such action may be reconciled by a subsequent grant of leave if the conditions warrant. (Res. of 1-9-55, § 11)

Sec. 2-27. Suspensions, demotions and separations.

(a) The appointing authority may suspend an employee under his jurisdiction without pay for disciplinary reasons.

(b) No employee may be suspended for more than thirty (30) days in any calendar year except that extensions may be made pending any investigation or hearing.

(c) An appointing authority may demote or dismiss an employee whose work is unsatisfactory. Written notice of the action shall be served upon the employee affected and filed with the city clerk before it shall become effective. A permanent employee, so affected, may appeal within thirty (30) days to the city council for a public hearing. After such hearing, if one is called, the employee shall be reinstated if the evidence warrants such action.

(d) An employee wishing to be separated from the municipal service shall give two (2) weeks notice to the appointing authority. If the best interests of the city are safeguarded, the appointing authority may waive this provision. (Res. of 1-9-55, § 12)

Sec. 2-28. Records.

(a) The city manager shall keep on file all employment applications submitted to the city.

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§ 2-28 JASPER CODE

(b) The city clerk shall keep a leave record for each individual who is employed full-time by the city. (Res. of 1-9-55, § 13)


ARTICLE III. RETIREMENT SYSTEM*

Sec. 2-40. Election to participate.

It is hereby declared to be the policy and purpose of the city to conduct a referendum on the fourteenth day of December, 1973, among eligible officers and employees for the purpose of permitting the officers and employees to elect to participate in the Florida Retirement System as authorized by Chapter, 121, Florida Statutes, and amendments thereto, whereupon all those officers and employees, except those excluded by law, electing by affirmative vote in the referendum to participate in the Florida Retirement System, shall become members of the Florida Retirement System effective on the first day of January, 1974, and shall participate thereafter during their employment, and those officers and employees who elect not to participate in the Florida Retirement System shall sign an appropriate rejection ballot which shall be attached to and become a part of the agreement with the state for providing coverage under the Florida Retirement System. Those officers and employees electing not to participate in the Florida Retirement System who were members of a local retirement system on the date of the referendum, shall be permitted to continue their membership in the local retirement system for as long as their employment continues.

All officers and employees hired on and after the date of the referendum shall be compulsory members of the Florida Retirement System as of the effective date of participation in the Florida Retirement System so stated herein. (Ord. of 12-10-73, § 1)

"'State law reference-Florida Retirement Svstem, F.S. Ch. 121.

188


Sec. 2-41. Adoption of system.

The city does hereby adopt the terms, conditions, requirements, reservations, benefits, privileges and other conditions thereunto appertaining, of the Florida Retirement System, for and on behalf of all officers and employees of its departments and agencies to be covered under the agreement. (Ord. of 12-10-73, § 6)

Sec. 2-42. Execution of agreements with state.

The mayor is hereby authorized and directed to execute all necessary agreements and amendments thereto with the department of administration for the purpose of extending the benefits provided by the Florida Retirement System to the employees and officials of this city as provided in section 2-40, which agreement shall provide for such methods of administration of the plan by the city as are found by the administrator of the Florida Retirement System to be necessary and proper, and shall be effective with respect to any employment covered by such agreement for services performed on and after the first day of January, 1974. (Ord. of 12-10-73, § 2)

Sec. 2-43. Contributions by city.

There shall be appropriated from available funds, derived from the general fund, utilities system revenue fund and natural gas system revenue fund such amounts and at such times as may be required to pay promptly the contributions and assessments required of the city which shall be paid over to the lawfully designated administrator of the Florida Retirement System at the times and in the manner provided by law and regulation. (Ord. of 12-10-73, § 4)

Sec. 2-44. Records and reports.

The city shall keep such records and make such reports as may be required by applicable state laws or regulations, and shall adhere to all laws and regulations relating to the Florida Retirement System. (Ord. of 12-10-73, § 5)

189

§ 2-45 JASPER CODE

Sec. 2-45. City clerk to be custodian of funds and record keeper.

The city clerk is hereby designated the custodian of all appropriated funds for the employer's contributions as provided in section 2-43. Also, the city clerk is hereby designated the reporting agent charged with the duty of maintaining records for the purposes of this article. (Ord. of 12-10-73, § 7)


ARTICLE IV. SOCIAL SECURITY*

Sec. 2-57. Policy and purpose.

It is hereby declared to be the policy and purpose of the city to extend, effective as of the first day of April, 1952, to the employees and officials thereof, not excluded by law, and whether employed in connection with a governmental or proprietary function, the benefits of the system of old-age and survivors insurance as authorized by the Federal Social Security Act and amendments thereto, including Public Law 734 of the Eighty-first Congress, and by Chapter 26-841, Florida Statutes, 1951; and to cover by such plan all services which constitute employment as defined in Section 2 of said Chapter 26-841, Laws of Florida, 1951, performed in the employ of the city by employees thereof. In pursuance of the policy, and for that purpose, the city shall take such action as may be required by applicable state or federal laws or regulations. (Ord. of 7-15-52, § 1)

Sec. 2-58. Adoption.

The city does hereby adopt the terms, conditions, requirements, reservations, benefits, privileges and other conditions thereunto appertaining, of Title II of the Social Security Act as amended by Public Law No. 734, Eightyfirst Congress, for and on behalf of all the officers and

*State law reference-Social security for public employees, F.S. Ch. 650.

190


employees thereof and of its departments and agencies, save and except any of such officers and employees now covered or authorized to be covered by any retirement system provided by law, and further excepting any official or employee who occupies any position, office, or employment not authorized to be covered by applicable state or federal laws or regulations. (Ord. of 7-15-52, § 7)

Sec. 2-59. Limitation in scope of article.

There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Ord. of 7-15-52, § 6)

Sec. 2-60. Execution of agreements.

The mayor, or other chief executive officer of the city is hereby authorized and directed to execute all necessary agreements and amendments thereto with the chairman of the Florida Industrial Commission as the state agency for the State of Florida, or his authorized representative, for the purpose of extending the benefits provided by the system of old-age and survivors insurance to the employees and officials of this city as provided in section 2-57, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary for the proper and efficient administration thereof, and shall be effective with respect to services in employment covered by such agreement performed after the first day of April, 1952. (Ord. of 7-15-52, § 2)

Sec. 2-61. Withholdings from employees and officials.

Withholdings from salaries, wages or other compensation of employees and officials for the purpose provided by section 2-57 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall

191

§ 2-61 JASPER CODE

be paid over to the state agency designated by such laws or regulations to receive such amounts. (Ord. of 7-15-52, § 3)

Sec. 2-62. Contributions by city.

There shall be appropriated from available funds, derived from the utility taxes, and from the income from utilities and placed in the utilities fund, such amounts, at such times, as may be required to pay promptly the contributions required of the city under this article as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regulations. (Ord. of 7-15-52, § 4)

Sec. 2-63. Records and reports.

The city shall keep such records and make such reports as may be required under this article by applicable state or federal laws or regulations, and shall adhere to the rules and regulations of the state agency for the enforcement of such laws and regulations. (Ord. of 7-15-52, § 5)

Sec. 2-64. City clerk to be custodian of funds and record keeper.

The city clerk is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contributions of the city under this article and the city clerk is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. (Ord. of 7-15-52, § 8)


Chapter 3

ADVERTISING

Art. I. In General, §§ 3-1-3-15 Art. II. Distribution of Handbills,§§ 3-16-3-33 Art. III. Advertising Vehicles, §§ 3-34-3-38


Sec. 3-1. Posting on public property.

No person shall nail, paste, paint or otherwise affix in any manner any lithograph, sign, advertisement, picture or design whatever upon any bridge, viaduct, sidewalk, parking, parkway, boulevard crosswalk, curb or street or upon the railing or approaches of any bridge, viaduct or sidewalk or upon any telephone, telegraph, electric light or fire alarm pole or post.

Cross reference-Streets, sidewalks and other public places, Ch. 16.


ARTICLE II. DISTRIBUTION OF HANDBILLS*

Sec. 3-16. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:

Handbill. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature.

Newspaper. Any newspaper of general circulation as defined by general law, any newspaper duly entered with

•cross reference-Nuisances generally, Ch. 101 Art. II.

243

§ 3-16 JASPER CODE

the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public, and shall mean and include any other copyrighted material.

Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

Sec. 3-17. Exemption for mail and newspapers.

The provisions of this article shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.

Sec. 3-18. Restricted in public places.

It shall be unlawful for any person to hand out or distribute or sell any handbill in any public place; except that a handbill may be personally delivered to any person willing to accept the same.


Sec. 3-19. Placing on vehicles.

No person shall throw or deposit any handbill in or upon any vehicle.

Cross reference-Traffic and motor vehicles generally, Ch. 19.

Sec. 3-20. Depositing on uninhabited or vacant premises.

It shall be unlawful for any person to throw or deposit any handbill in or upon any private premises which is uninhabited or vacant.

244

ADVERTISING § 3-34

Sec. 3-21. Prohibited where properly posted.

No person shall throw, deposit or distribute any handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on such premises a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of such premises do not wish to have their right of privacy disturbed, or to have any handbills left upon such premises.

Sec. 3-22. Inhabited private premises.

No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulation.


ARTICLE III. ADVERTISING VEHICLES*

Sec. 3-34. License required.

No automobile, truck or other vehicle shall be operated on the streets for the sole or principal purpose of advertising without a license to so operate.

Cross reference-Licenses generally, Ch. 11.

•cross references-Nuisances generally, Ch. 10, Art. II; traffic and motor vehicles generally, Ch. 19.

245

§ 3-35 JASPER CODE

Sec. 3-35. Chapter 11 applicable.

The provisions of chapter 11, insofar as the same may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this article.

Sec. 3-36. When prohibited.

At times when there is heavy traffic on the streets, the chief of police may refuse all such advertising automobiles, trucks and vehicles the right to operate on the streets designated by him.

Sec. 3-37. Speed.

The speed at which advertising automobiles, trucks or other such vehicles shall move on the streets shaU be regulated by the chief of police.

Sec. 3-38. Sound trucks.

It shall be unlawful for any person to operate or cause to be operated upon the streets or public places in the city, a sound truck with sound amplifying equipment in operation.

"Sound truck," as used in this section, means any vehicle having thereon or attached thereto any sound amplifying equipment.

"Sound amplifying equipment," as used in this section, means any machine or device for the amplification of the human voice, music or any other sound, but shaH not include radios or warning devices on authorized vehicles or horns or other warning devices on vehicles used for traffic warning purposes.

[The next page is 297} 246

Chapter 4

ALCOHOLIC BEVERAGES*

Sec. 4-1. Definition.

Alcoholic beverages under this chapter includes all beverages that are classed as such under the laws of the state and for the sale of which licenses are required by the state under the state beverage department. (Res. of 4-1-68, § 5)

Sec. 4-2. Hours of sale restricted.

(a) No alcoholic beverages may be sold, consumed or served, or permitted to be served or consumed in any place of business holding a license under the state beverage department or the ordinances of the city by any person, vendor or distributor, between the hours of 12:00 midnight, and 7:00 a.m., of the following day; nor between the hours of 12:00 midnight on Saturday and 7:00 a.m. of the following Monday.

(b) No person holding a license under the state beverage department or the ordinances of the city or where alcoholic beverages are sold or served or consumed as a business, shall open his place of business for the purpose of transacting business nor shall he allow his place of business to remain open for the purpose of transacting business during the hours during which the sale, consumption or service of alcoholic beverages is prohibited under subsection (a). (Res. of 4-1-68, §§ 1-3)

State law reference-Authority to regulate time of sale of alcoholic beverages, F.S. §§ 562.14, 562.45(2).

Sec. 4-3. Location of licensees restricted when near churches or schools.

(a) No person holding a license under the state beverage department or the ordinances of the city or where alcoholic beverages are sold or served or consumed as a business,

*State law reference-Liquors and beverages, F.S. Ch. 561 et seq.

297

§ 4.3 JASPER CODE

shall be permitted to conduct his place of business and no license shall be granted to such person by the city to conduct a place of business where such location is within three hundred (300) feet of an established church or school, which distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the place of business to the main entrance of the church and, in the case of a school, to the nearest point of the school grounds in use as part of the school facilities.

(b) Subsection (a) shall not apply to vendors, licensed by the state, of malt beverages containing alcohol of more than one per cent by weight for consumption off the premises only. (Res. of 4-1-68, § 4)

Cross reference-Zoning ordinance, App. A. State law reference-Authority to regulate location of businesses

selling alcoholic beverages, F.S. § 562.45(2).

Sec. 4-4. Violation of chapter.

The violation of this chapter by any person shall constitute a crime and shall be punished as provided in section 1-6, and in addition to such punishment any licensee under any ordinance of the city who violates this section shall be subject to having his license revoked or suspended. (Res. of 4-1-68, § 6)

[The next page is 399) 298

Chapter 5

ANIMALS AND FOWL

Art. I. In General, §§ 5-1-5-16 Art. II. Dogs,§§ 5-17-5-29

Div. 1. Generally,§§ 5-17-5-24 Div. 2. License, §§ 5-25-5-29


Sec. 5-1. City designated bird sanctuary; violations.

(a) The entire area embraced within the corporate limits of the city is hereby designated and made and declared to be a "bird sanctuary".

(b) It shall be unlawful to trap, hunt, shoot, kill, endanger or molest in any manner any bird or wild fowl, or to rob, destroy, dislodge or remove any nests of birds or wild fowl within the bird sanctuary during any laying, nesting, hatching or raising season of such birds or wild fowl, or while the nests have any eggs or young birds or wild fowl therein. Provided, however, that this section shall not apply to starlings, English sparrows, field larks, chimney sweeps, or other birds which destroy property or become a menace to the health, property or welfare of others, and provided further, that the killing, hunting, trapping or destroying any of such last named birds shall be done with the approval of and under the supervision of the chief of police and with the permission of the mayor. (Ord. of 6-27-58, §§ 1, 2)

Sec. 5-2. Cruelty to animals.

Whoever unnecessarily overloads, tortures, torments or deprives of necessary sustenance or shelter, or unnecessarily or cruelty beats, mutilates or kills any animal within this city shall be deemed guilty of a misdemeanor.

Sec. 5-3. Livestock running at large-Prohibited.

It shall be unlawful for the owner of any cattle, swine, sheep, goats, horses, mules, chickens, geese or any other

399

§ 5-3 JASPER CODE

livestock to permit them to run at large within the city. (Ord. of 11-12-24, § 1; Ord. of 6-7-27, § 1)

Cross references-Nuisances generally, Ch. 10, Art. II; streets, sidewalks and other public places, Ch. 16.

Sec. 5-4. Same-lmpoundment.

(a) It shall be the duty of city police officers to impound any animal found running at large under section 5-3.

(b) When any animal is impounded in accordance with the provisions of this section, the officer impounding same shall immediately advertise the animal for sale, which sale may be had and held at the impounding place in the city and the proceeds of the sale shall go to pay the costs and charges against the animal and the remainder, if any, shall be paid to the owner of the animal upon his application therefor; provided however, that if the owner of the animal shall so desire he may have the animal delivered to him by the police officer impounding it upon payment of the legal costs and charges against the animal.

(c) If the owner of the animal impounded is known to the impounding officer he shall notify the owner before advertising the animal for sale and allow the owner to redeem the animal from the pound upon the payment of the costs and charges against it.

(d) In case of advertising for sale any animal impounded, notice for a period of five (5) days shall be given prior to the sale. The sale shall vest the title to the animal in the purchaser. (Ord. of 11-12-24, §§ 3-6; Ord. of 6-7-27, § 2)

Sec. 5-5. Swine prohibited.

It shall be unlawful for any person to keep, maintain or harbor any hogs, pigs or other members of the swine species within the city.

Cross reference-Nuisances generally, Ch. 10, Art. II.


400

ANIMAIB AND FOWL

ARTICLE II. DOGS

DIVISION 1. GENERALLY

Sec. 5-17. Running at large-Prohibited.

§ 5-25

It shall be unlawful for the owner of any dog to allow such dog to run at large in the city. (Ord. of 6-2-30, § 1)


Sec. 5-18. Same-lmpoundment; notice; redemption.

(a) When any dog is found running at large in the city any police officer shall take the dog in his charge and impound the same for twenty-four (24) hours, and if the owner be known, notice of such impounding shall be given by the city clerk, by mailing a notice in writing addressed, stamped and mailed to such owner, and the certificate of the clerk that such notice was given shall be deemed as true and constitute all the notice required. If the owner of such dog be unknown a notice of the certificate of the officer so impounding shall be posted at the front door of the city hall for twenty-four (24) hours, which shall be deemed and constitute notice to such unknown owner, and constitute all the notice required.

(b) If the owner shall claim the dog so impounded, and on claiming the same within the twenty-four (24) hours mentioned in subsection (a), and pay an impounding fee equal to the cost of impoundment, such dog shall be returned to the owner. If at the expiration of the twenty-four (24) hour period mentioned, the owner shall not claim the dog, or claiming the same not have paid the impounding fee, then the city shall make such disposition of such dog as may be directed by the mayor. (Ord. of 6-2-30, § 4)


DIVISION 2. LICENSE

Sec. 5-25. Required.

Every dog domiciled or running at large in the city is hereby required to be licensed as provided in this division. (Ord. of 2-4-63, § 2)

401

§ 5-26 JASPER CODE

Sec. 5-26. Fee; term.

The annual license fee for each dog licensed under this division shall be as follows:

(1) The annual license shall be the sum of one dollar and fifty cents ($1.50), and shall be effective from July first until June thirtieth of the following year.

(2) A half year license may be issued to run and be effective from January first until June thirtieth following, and may be purchased on or after January first and before June thirtieth of each year. (Ord. of 2-4-63, § 3)

Sec. 5-27. Proof of vaccination prerequisite to issuance.

Before any license shall be issued for any dog under this division, evidence must be submitted to the city authorities that the dog has been vaccinated or treated for the prevention of rabies in such dog within the previous year and in the manner as recommended and prescribed by the state board of health and the dog shall be required to have an appropriate tag or other evidence of such treatment to be worn by such dog at all times. (Ord. of 2-4-63, § 4)

Cross reference-Health and sanitation generally, Ch. 10.

Sec. 5-28. Enforcement; impoundment; disposition.

The chief of police and all police officers of the city are hereby required to enforce this division and to sell and issue licenses to persons applying for them and if any dog not licensed under this division is found to be domiciled or running at large in the city such officers are required to impound such dogs or dogs and keep them impounded for a period of not less than five (5) days during which time the police officer shall notify the owner of such dog, if known, or if learned by reasonable search and inquiry, and upon the failure, neglect or refusal of such owner to comply with the terms of this division by securing a proper license for such dog, then the police officers are authorized and directed to dispose of the dog by delivering it to some person who will

402

ANIMALS AND FOWL § 5-29

comply with this division and such delivery shall convey legal title to the dog to the new owner and if this cannot be done then the police officers shall destroy the dog. (Ord. of 2-4-63, § 5)

Sec. 5-29. Prima facie evidence of no license.

If any dog is found running at large upon the streets, alleys or vacant lots in the city without having attached to a collar worn around its neck the usual tag or other identifying insignia, this shall be prima facie evidence that no license has been paid for such dog and the police officers shall then proceed as if no license had been issued under the provisions of this division. ( Ord. of 2-4-63, § 6)


Chapter 6

BUILDINGS AND BUILDING REGULATIONS*

Art. I. In General,§§ 6-1-6-15 Art. II. Building Code,§§ 6-16-6-31 Art. III. Electrical Code, §§ 6-32-6-46 Art. IV. Plumbing Code,§§ 6-47-6-61 Art. V. Gas Code,§§ 6-62-6-76 Art. VI. Housing Code,§§ 6-77-6-91 Art. VII. Dangerous Buildings,§§ 6-92-6-102



ARTICLE II. BUILDING CODE

Sec. 6-16. Adoption of Standard Building Code.

There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, repair, equipment, use and occupancy, location, removal, maintenance and demolition of buildings or structures, including permits and penalties, that certain building code known as the Standard Building Code, 1976 edition, with 1977 revision, including appendix. K, as published by the Southern Building Code Congress International, Inc., copies of which are now and shall remain on file in the office of the city clerk for the use of the public, and the same is hereby adopted as fully as if incorporated and set out at length herein. (Ord. of 3-7-66, § 1)

Sec. 6-17. Conflicts.

In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of this

*Cross references-Fire prevention and protection, Ch. 8; removal of construction materials, § 9-7; health and sanitation, Ch. 10; streets, sidewalks and other public places, Ch. 16; subdivisions, Ch. 17; utilities, Ch. 20; zoning ordinance, App. A.

453

§ 6-17 JASPER CODE

Code of Ordinances, state law or city ordinances, rules or regulations, the provisions of this Code of Ordinances, state law or city ordinances, rules or regulations shall prevail and be controlling.


Whenever the word "municipality" or the word "city" is used in the code adopted by this article, it shall be construed to mean the City of Jasper, Florida.

Whenever the words "corporate counsel" or "city attorney" are used in the code adopted by this article, they shall be construed to mean the city attorney of this city.

Sec. 6-19. Fire district established.

There shall be and is hereby established a fire district, which shall embrace that portion of the city included in the following description:

Beginning at the southwest comer of the intersection of East Johnson Street and Wills Street, thence run west along the southern edge of Wills Street across the A. C. L. Railroad right-of-way to Court House Avenue, thence south along the eastern edge of Court House Avenue to Water Street, thence west along southern edge of Water Street to Horne Street, thence south along the eastern edge of Horne Street to Main Street, thence east along northern edge of Main Street to East Johnson Street, thence north along western edge of East Johnson Street to the point of beginning. (Ord. of 3-22-27, § 1)

Cross reference-Fire prevention and protection generally, Ch. 8.

Sec. 6-20. Penalty for violation.

Any person who shall violate any provision of the code adopted by the provisions of this article shall be deemed guilty of a misdemeanor, and shall be punished as provided in section 1-6 of this Code. Each day such violation continues shall be deemed a separate offense.


454

BUILDINGS AND BUILDING REGULATIONS § 6-46

ARTICLE III. ELECTRICAL CODE

Sec. 6-32. Adoption of National Electrical Code.

There is hereby adopted by reference the 1975 edition of the National Electrical Code published by the National Fire Protection Association, copies of which are on file in the city clerk's office for public use, which shall be in full force and effect in the city as if fully set forth herein. (Ord. of 3-7-66, § 1)


In the event of any conflict between provisions of the code adopted by this division and applicable provisions of this Code of Ordinances, state law or city ordinances, rules or regulations, the provisions of this Code of Ordinances, state law or city ordinances, rules or regulations shall prevail and be controlling.

Sec. 6-34. Building permit prerequisite to installation of electrical connections.

It shall be unlawful for any person to make or install electrical connections for the purpose of furnishing electric power and energy to any lot, parcel or tract of land upon which no building or other permanent structure is located until after the issuance and delivery of a building permit has been made for the building, constructing and erecting a building on the premises, or until a permit has been issued for the making of such connection or the furnishing of such electrical service to such premises. (Ord. of 10-1-62, § 1)


Any person who shall violate any provision of the code adopted by the provisions of this division shall be deemed guilty of a misdemeanor, and shall be punished as provided in section 1-6 of this Code. Each day such violation continues shall be deemed a separate offense.


455

§6-47 JASPER CODE

ARTICLE IV. PLUMBING CODE*

Sec. 6-4 7. Adoption of Standard Plumbing Code.

There is hereby adopted that certain plumbing code known as the Standard Plumbing Code, 1975 edition with 1977 revision, as published by the Southern Building Code Congress International, Inc., copies of which are now and shall remain on file in the office of the city clerk for the use of the public, and the same is hereby adopted as fully as if incorporated and set out at length herein. (Ord. of 3-7-66, § 1)


In the event of any conflict between the provisions of the code adopted by this article anu applicable provisions of this Code of Ordinances, state law or city ordinances, rules or regulations, the provisions of this Code of Ordinances, state law or city ordinances, rules or regulations shall prevail and be controlling.







*Cross reference-Water and sewers generally, Ch. 20, Art. II.

456


ARTICLE V. GAS CODE*

Sec. 6-62. Adoption of Standard Gas Code.

There is hereby adopted that certain gas code known as the Standard Gas Code, 1976 edition, as published by the Southern Building Code Congress International, Inc., copies of which are now and shall remain on file in the office of the city clerk for the use of the public, and the same is hereby adopted as fully as if incorporated and set out at length herein. (Ord. of 3-7-66, § 1)


In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of this Code of Ordinances, state law or city ordinances, rules or regulations, the provisions of this Code of Ordinances, state law or city ordinances, rules or :-egulations shall prevail and be controlling.







*Cross reference-Natural gas service, Ch. 20, Art. III.

457

§ 6-77 JASPER CODE

ARTICLE VI. HOUSING CODE

Sec. 6-77. Adoption of Standard Housing Code.

There is hereby adopted that certain housing code known as the Standard Housing Code, 1976 edition, with 1977 revision, as published by the Southern Building Code Congress International, Inc., copies of which are now and shall remain on file in the office of the city clerk for the use of the public, and the same is hereby adopted as fully as if incorporated and set out at length herein. (Ord. of 3-7-66, § 1)


In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of this Code of Ordinances, state law or city ordinances, rules or regulations, the provisions of this Code of Ordinances, state law or city ordinances, rules or regulations shall prevail and be controlling.







458


ARTICLE VII. DANGEROUS BUILDINGS*

Sec. 6-92. Defined.

As used in this article "dangerous building" means any building or structure which has any of the following defects or is in any of the following conditions; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:

(1) Whenever any door, aisle, passageway, stairway or other means of exit does not conform to the approved fire code of the city;

(2) Whenever any portion has been damaged by fire, wind, flood or by any other cause in such manner that the structural strength or stability is appreciably less than it was before such catastrophe and is less than the minimum requirements of the building code of the city for a new building or similar structure, purpose or location;

(3) Whenever any portion or member or appurtenance is likely to fall or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

(4) Whenever any portion has settled to such an extent that walls or other structural portions have materially

· less resistance to winds than is required in the case of new construction by the building code of the city;

(5) Whenever any building or structure or any part, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or some other reason, is likely to be partially or completely collapsed;

(6) Whenever for any reason whatsoever the building or structure or any portion is manifestly unsafe for the purpose for which it is used;

*Cross reference-Nuisances generally, Ch. 10, Art. II.

459

§ 6-92 JASPER CODE

(7) Whenever any building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harborage for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts;

(8) Whenever any building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the health officer, or is likely to work injury to the health, safety or general welfare of those living within;

(9) Whenever any building becomes vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.

Sec. 6-93. Unlawful to keep or maintain.

It is unlawful for any owner or agent thereof to keep or maintain any building or part thereof which is a dangerous building.

Sec. 6-94. Notice of hearing.

(a) When the whole or any part of any building or structure is found to be in a dangerous or unsafe condition, the building inspector shall issue a notice of the dangerous and unsafe condition.

(b) Such notice shall be directed to each owner of or party in interest in the building in whose name the property appears on the last local tax assessment records.

(c) The notice shall specify the time and place of a hearing on the condition of the building or structure at which time and place the person to whom the notice is

460


directed shall have the opportunity to show cause why the building or structure should not be ordered to be demolished or otherwise made safe.

(d) The building inspector shall file a copy of the notice of the dangerous and unsafe condition with the hearing officer.

Sec. 6-95. Service of notice.

All notices served under this article shall be in writing and shall be served upon the person to whom they are directed personally, or in lieu of personal service may be mailed by certified mail, return receipt requested, addressed to such owner or party in interest at the address shown on the tax records, at least ten (10) days before the date of the hearing described in the notice. If any person to whom a notice is directed is not personally served, in addition to mailing the notice, a copy thereof shall be posted upon a conspicuous part of the building or structure.

Sec. 6-96. Appointment of hearing officer.

The hearing officer, functioning under this article, shall be appointed by the city manager to serve at the manager's pleasure.

Sec. 6-97. Hearing and order of hearing officer.

(a) The hearing officer shall take testimony of the building inspector, the owner of the property and any interested part at the hearing under this article. The hearing officer shall render a decision either closing the proceedings or ordering the building to be demolished or otherwise made safe.

(b) If it is determined by the hearing officer that the building or structure should be demolished or otherwise made safe, the hearing officer shall so order, fixing a time in the order for the owner, agent or lessee to comply therewith.

(c) If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order, the hearing officer shall

461

§ 6-97 JASPER CODE

file a report of such officer's findings and a copy of such officer's order with the city council and request that the necessary action be taken to demolish or otherwise make safe the building or structure. A copy of the findings and order of the hearing officer shall be served on the owner, agent or lessee in the manner prescribed in section 6-95.

Sec. 6-98. Review hearing by city council.

The city council shall fix a date for a hearing, reviewing the findings and order of the hearing officer under section 6-97 and shall give notice to the owner, agent or lessee in the manner prescribed in section 6-95 of the time and place of the hearing. At the hearing the owner, agent or lessee shall be given the opportunity to show cause why the building should not be demolished or otherwise made safe and the city council shall either approve, disapprove or modify the order for the demolition or making safe of the building or structure.

Sec. 6-99. Emergency abatement by city.

When, in the opinion of the building inspector or other duly designated officer, there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the building inspector is hereby authorized and empowered to order and require the inmates and occupants to vacate the same forthwith. The building inspector or other duly designated officer of the city shall proceed to demolish or make safe the dangerous building, as described in this section, and shall prepare a statement of costs incurred in such work.

Sec. 6-100. Abatement by city.

Upon the failure of the person, upon whom notice to demolish or make safe a dangerous building was served pursuant to this article, to demolish or make safe a dangerous building, the building inspector or other duly

462


designated officer of the city shall proceed to demolish or · make safe the dangerous building and shall prepare a statement of costs incurred in such work.

Sec. 6-101. Judicial review.

An owner aggrieved by any final decision or order of the city council under section 6-98 may appeal the decision or order to a court of competent jurisdiction by filing a petition for an order of superintending control within twenty (20) days from the date of the decision.

Sec. 6-102. City costs declared lien; collection as taxes.

(a) The cost of the demolition or making the building safe under this article shall be a lien against the real property and shall be reported to the assessor who shall assess the cost against the property on which the building or structure is located.

(h) The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified of the amount of such cost by first class mail at the address shown on the records. If such owner or party in interest fails to pay the same within thirty (30) days after mailing by the assessor of the notice of the amount thereof, the assessor shall add the same to the next tax roll of the city and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes by the city.

Cross reference-Taxation generally, Ch. 18.


Chapter 7

ELECTIONS*

Sec. 7-1. Adoption of state election laws.

There is hereby adopted by reference the Florida Election Laws, except where inconsistent with the Charter and this chapter. (Ord. of 12-15-58, § 13)

State law references-Florida Election Code, F.S. Ch. 97 et seq.; authority to adopt election laws, F.S. § 104.45.

Sec. 7-2. Dates.

The general election of the city shall be held on the first Tuesday in March in each even numbered year. The primary election, if required under the Charter, shall be held on the first Tuesday in February of each even numbered year. Special elections may be held, when called and ordered by the city council, on such days and dates as may be determined by the council. (Ord. of 12-15-58, § 1)

Sec. 7-3. Notice.

The city clerk shall cause to be published a notice of election by posting and by publication in the local newspaper for a period of not less than two (2) issues of the local newspaper before the date of such election and by posting at the front door of the city hall for a period of at least two (2) weeks prior to the date of holding such election, which notice shall state the date of the election and the offices to be filled at such election, or the proposition to be voted upon at such election if for a purpose other than the election of city officials. (Ord. of 12-15-58, § 2)

Sec. 7-4. Managers.

The city council shall name at least three (3) qualified electors of the city to hold, conduct and manage each election, who shall have all of the rights, duties and powers

*Charter reference-Nominations and elections, municipal elections, art. III.

Cross reference-Administration, Ch. 2.

513

§ 7-4 JASPER CODE

of election officials generally under the laws of the state and in the event of failure to name such election managers, or in the event anyone named fails to appear and act as such manager, then the city manager shall have the right and duty to name such managers. (Ord. of 12-15-58, § 3)

Sec. 7-5. Opening and closing of polls.

The polls for the purpose of voting at all city elections shall open for the casting of ballots at 7:00 a.m. and close at 7:00 p.m. on the date of election and no person shall be allowed to cast his vote before the polls have opened or after they have closed. (Ord. of 6-4-73)

Sec. 7-6. Qualifications of electors.

To be qualified as an elector and voter in any city election the voter and elector must be a bona fide resident of the city and must be qualified as otherwise provided by state law. (Ord. of 12-15-58, § 5)

Sec. 7-7. Registration of electors.

Electors of the city shall be registered under the single county registration system pursuant to F.S. § 98.041. (Ord. of 12-15-58, § 6)

Sec. 7-8. Counting and canvassing the votes.

When the polls shall close at any city election the election managers shall immediately proceed to count and record the votes that have been cast at such election and shall make a record of such count of the votes and upon the completion of such count shall make their return on blanks to be furnished to them by the city clerk for such purpose and shall deliver such returns to the city clerk together with the ballots which have been counted. The ballots shall be preserved and locked in the ballot box and delivered to the clerk together with a copy of the count, tally and return and the other copy of the count, tally and return shall be delivered to the clerk separately from the locked ballot box. The city council shall meet within three (3) days from the election and canvass the returns of the election managers and shall unlock the ballot

514

ELECTIONS § 7-12

box and compare the two (2) copies of the count, tally and return, and also shall count any absentee ballots that may have been cast and received and shall from such returns and such absentee ballots determine the results of such election and declare the same and have it recorded in the minutes of the meeting of the city council. (Ord. of 12-15-58, § 7)

Sec. 7-9. Police protection.

The city manager shall provide for the attendance of a police officer at or near or in the vicinity of the polling place during each city election and such officer shall preserve order in and around such polling place and endeavor to see that no irregularities or misconduct occur at or near such polling place. (Ord. of 12-15-58, § 9)

Cross reference-Police generally, Ch. 14.

Sec. 7-10. Names on ballots.

The names of all candidates for office shall be appropriately listed on the ballot in alphabetical order, and such ballots shall be prepared and arranged to be printed by the city clerk in sufficient number to provide one ballot for each registered voter with a surplus of ten (10) per cent of such number to provide for spoiled or destroyed ballots by the electors. The names on the ballots shall be grouped for each office and the names of the candidates for each office shall be listed separately and in such manner that it can be easily determined the candidates for each separate office to be voted for in such election. (Ord. of 12-15-58, § 10)

Sec. 7-11. Compensation of election managers.

The city clerk and the city council shall pay the election managers for their services in conducting city elections in such sum as may be determined by the city council to be paid for such services. (Ord. of 12-15-58, § 11)

Sec. 7-12. Filling of vacancies.

Vacancies in the office of city councilman or mayor shall be filled by the city council in the manner provided by the Charter. (Ord. of 12-15-58, § 12)

515

§ 7-13 JASPER CODE

Sec. 7-13. Absentee voting.

The city hereby adopts the absentee voting law of the state as permitted by F.S. § 101.70 and substantial compliance with such law shall be had in such absentee voting in any city election. (Ord. of 12-15-58, § 14)


Chapter 8

FIRE PREVENTION AND PROTECTION*

Art. I. In General,§§ 8-1-8-15 Art. II. Fire Prevention Code,§§ 8-16-8-21


Sec. 8-1. Fire chief-Office established.

There is hereby created the office of fire chief. Charter reference-Creation of fire department, § 110. Cross reference-Administration, Ch. 2.

Sec. 8-2. Same-Duties generally.

The fire chief shall be in charge of the fire department and shall enforce the provisions of this chapter and any other ordinance dealing with fire prevention and protection in the city.

Sec. 8-3. Same-Promulgation of personnel rules.

The fire chief shall have the authority to promulgate rules and regulations governing the fire department and to enforce them.


ARTICLE II. FIRE PREVENTION CODE

Sec. 8-16. Adoption of Standard Fire Prevention Code.

There is hereby adopted that certain fire code known as the Standard Fire Prevention Code, 1976 edition, as published by the Southern Building Code Congress International, Inc., three (3) copies of which are now and shall

•Cross references-Buildings and building regulations, Ch. 6; fire district established,§ 6-19; unlawful burning of garbage and refuse,§ 9-6.

567

§ 8-16 JASPER CODE

remain on file in the office of the city clerk for the use of the public, and the same is hereby adopted as fully as if incorporated and set out at length herein. (Ord. of 9-8-64, § 2; Ord. of 3-7-66, § 1)

Sec. 8-1 7. Conflicts.

In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of this Code of Ordinances, state law or city ordinances, rules or regulations, the provisions of this Code of Ordinances, state law or city ordinances, rules or regulations shall prevail and be controlling.




Sec. 8-19. Modifications.

The fire chief shall have power to modify any of the provisions of the code adopted by this article upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire chief thereon shall be entered upon the records of the department and a signed copy shall be furnished to the applicant. (Ord. of 9-8-64, § 5)

Sec. 8-20. Appeals.

Whenever the fire chief shall disapprove of an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true

568

FIRE PREVENTION AND PROTECTION § 8-21

intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire chief to the city council within thirty (30) days from the date of the decision appealed. (Ord. of 9-8-64, § 6)




Chapter 9

GARBAGE AND REFUSE*


The following words, terms and phrases, when used in this chapter, shall be construed to have the same meaning as hereinafter defined:

Dry garbage shall mean any and all papers, bags, sacks, cartons, containers and boxes which have not come in

· contact with animal, fruit or vegetable matter or from which obnoxious odors will not be emitted and to which flies and other insects will not be attracted.

Garbage box shall mean any wooden or metallic box constructed so that the contents will be kept dry and intact therein and in which dry garbage only shall be deposited. The size, design and location of all garbage boxes shall be approved by the city manager or his authorized agent.

Garbage collection and disposal system shall refer to any system of garbage collection and disposal now in use within the city or which may hereafter be used in the city, whether owned, operated or maintained by the city or whether operated and owned by any private franchisee or independent contractor under a contract with the city.

Moist garbage shall mean any and all animal, fruit or vegetable refuse matter whether cooked or raw, or any can, container or other material from which any animal, fruit or vegetable matter has been removed and which might become sour, spoiled, rotten or putrid and from which obnoxious odors may be emitted and to which flies and other insects are liable to be attracted.

Trash shall mean and include yard or shrubbery clippings, grass cuttings, leaves and such other small rubbish or refuse (other than as defined in the terms "moist garbage" and "dry garbage") ordinarily accumulated about a residential premises.

*Cross references-Health and sanitation generally, Ch. 10; utilities generally, Ch. 20.

619

§ 9-1 JASPER CODE

Waste materials shall mean and include sand, wood, stone, brick, cement, concrete, roofing and other refuse building materials usually left over from a construction or remodeling project, and trees, tree limbs, tree trunks and tree stumps; also the waste products of industrial plants. (Ord. of 2-2-73, § 1)

Sec. 9-2. Duties and responsibilities under chapter.

Whenever any act, duty or responsibility is required to be performed under this chapter by any duly authorized agent, employee or official of the city or whenever any authority or responsibility is conferred upon or given to any agent, employee or official of the city, such act, duty or responsibility may be performed or such authority exercised by any agent, servant, employee or official of any licensed franchisee or independent contractor with whom a contract for operation with the garbage collection and disposal system may be entered into with the city and such act, duty or responsibility may be performed and such authority exercised in the same manner as if performed by an agent, servant, employee or official of the city; provided the performance of such act, duty or responsibility or the exercise of such authority is granted or authorized either directly or implicitly under the term of any franchise agreement or contract between the city and such private franchisee or independent contractor. (Ord. of 2-2-73, § 1)

Sec. 9-3. Containers required.

All owners, tenants or occupants of residences, apartments and places of business within the city are required to provide a garbage can or container of sufficient capacity to hold at least four (4) days accumulation of garbage from each household, of not less than ten (10) gallons capacity, nor more than thirty (30) gallons capacity, which container shall be of metal or substantial plastic, with a tight-fitting lid. Such container shall be located where designated by the city council or if not so designated, where the same is easily accessible for collection by the city. Business and commercial establishments shall be required to keep as many

620

GARBAGE AND REFUSE § 9-7

garbage cans or boxes as the city manager or an authorized agent may require. Fifty-five (55) gallon drums are at all times prohibited. (Ord. of 2-2-73, §§ 1, 2)

Sec. 9-4. Storage.

All garbage shall be daily deposited in the garbage cans or boxes required. Garbage cans and boxes shall be kept tightly covered at all times except when it is necessary to lift the cover to deposit garbage in the can or box. (Ord. of 2-2-73, § 3)

Sec. 9-5. Collection.

All garbage cans and containers shall be emptied and· disposition made of the contents thereof as many times weekly as shall be designated by the city manager or. authorized agent. (Ord. of 2-2-73, § 4)

Sec. 9-6. Unlawful disposal; burning.

It shall be unlawful to bury garbage within the city and it shall be further unlawful to deposit garbage or trash upon any vacant or unoccupied premises or upon any street, alley or park or in any pond, pool or lake within the city, and no garbage, trash or waste materials shall be burned on the premises unless a permit for such burning is first secured from the chief of the fire department or a duly authorized agent. (Ord. of 2-2-73, § 5)

Crose reference-Fire prevention and protection generally, Ch. 8.

Sec. 9-7. Removal of construction materials.

Waste materials resulting from the construction, alteration or demolition of a building or a structure must be removed by the owner or the person performing the work. Waste products of industrial plants and spent oils or greases accumulated at garages, filling stations or similar establishments must likewise be removed by the owner or occupant of the premises. If the removal shall be done by the city an additional charge shall be made. (Ord. of 2-2-73, § 7)

Cl'088 reference-Buildings and building regulations generally, Ch. 6.

621

§ 9-8 JASPER CODE

Sec. 9-8. Collection fees-Schedule.

There is hereby established the following m1mmum uniform schedule of rates and charges for the services and facilities of the municipal garbage collection and disposal system of the city by the owner, tenant or occupant of the premises using the services and facilities of the system:

United States Post Office ......................... $ 30.00 Hamilton County Court House . . . . . . . . . . . . . . . . . . . . 25.00 Hamilton County Jail. . . . . . . . . . .. . . . . .. . . . . . . . . . . . 10.00 Hamilton County Public Schools (each complex)... 40.00 Residences or apartments: (1) City residence ............................... . (2) County residence ............................ . Grocery stores and markets ...................... . Garages and gasoline service stations ............ . Restaurants ...................................... . Funeral homes ................................... . Offices ........................................... . Barbershops and beauty shops ................... . Laundries and dry cleaners ...................... . Hotels and motels ................................ . Retail business ................................... . Industrial business

4.75 5.00

25.00 10.00 15.00 6.00 6.00 6.00

10.00 10.00 5.00

(1) Small......................................... 25.00 (2) Large. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

Business establishments not specified by the above classification will come under the classification nearest fitting the requirements of such place or business. Such classification to be ascertained by the city manager or a duly authorized agent.

Whenever or wherever there exist exceptional conditions of ownership, tenancy, occupancy or use affecting the collection of garbage and the collection of the rates and

622

GARBAGE AND REFUSE § 9-11

charges herein and hereby imposed or resulting in heavy accumulation or necessitating frequent collection of garbage, the city manager or authorized agent with the approval of the city council, is hereby authorized to enter into agreements with the owners or occupants of the premises as to the proper charges to be paid by such owner or occupant, which charges shall be made as nearly uniform as practical and proportionate to other charges for similar service set forth in this section. (Ord. of 2-2-73, § 6)

Sec. 9-9. Same-Purpose.

The rates and charges set forth in section 9-8 are imposed to provide revenue for the purpose of paying the costs of the operation and maintenance of the garbage collection and disposal system of the city and extensions thereof and replacements thereto. (Ord. of 2-2-73, § 8)

Sec. 9-10. Same-Method of payment and collection.

The rates and charges established by section 9-8 shall be paid to and collected by the city in conjunction with and at the same time as other bills and charges are paid and collected for any and all other facilities owned and operated by the city; provided, however, that all funds collected hereunder shall be deposited into the general fund of the city. (Ord. of 2-2-73, § 9)

Sec. 9-11. Same-Method and manner of payment.

The rates and charges set forth in section 9-8 for the use of the garbage collection and disposal shall be included in the regular monthly bills or statements rendered to consumers of water of the city, and nonpayment of the charges shall render the user subject to any and all penalties now or that may be hereafter provided for nonpayment of utility bills and subject to the discontinuance of all such utility services upon nonpayment of the rates and charges for the use of the services and facilities of the garbage collection and disposal system, and all bills or statements evidencing charges for the use of the service and facilities of the system for the collection and disposal of

623

§ 9-11 JASPER CODE

garbage shall be payable to the city by the users of the utility at the time that bills for the use of other utilities of the city are payable. Persons using the service and facilities of the municipal garbage collection and disposal system, who are not consumers of water, shall be rendered monthly bills or statements for the use of the garbage and facilities of said system, which bills or statements shall be payable at the same time and in the same manner and subject to the same penalties and discontinuance of service of the system as in the case of a failure of a consumer of the other utilities of the city to pay the rates and charges imposed under the terms of this chapter. (Ord. of 2-2-73, § 10)

Sec. 9-12. Records to be kept by clerk.

It shall be the duty of the clerk to keep an accurate record of all persons using the service and facilities of the municipal garbage collection and disposal system and to make charges in accordance with the rates and charges herein established. (Ord. of 2-2-73, § 11)

Sec. 9-13. Prima facie evidence of use of system.

Any place of abode or any place of business occupied or in operation shall be prima facie evidence that garbage is being produced and accumulated in such premises, and it shall be the duty of the city manager or duly authorized representative, to inspect and supervise the premises, and to remove therefrom any and all garbage found thereon provided that the owner or occupant of such premises is not in default in the payment of the required fees and charges imposed pursuant to the terms of this chapter. (Ord. of 2-2-73, § 12)


Chapter 10

HEALTH AND SANITATION*

Art. I. In General, §§ 10-1-10-15 Art. II. Nuisances,§§ 10-16-10-24


Sec. 10-1. Adoption ·of State Sanitary Code.

The rules and regulations promulgated by the Florida State Board of Health, pursuant to F.S. Ch. 381, known as "The Sanitary Code of the State of Florida", is hereby adopted as the sanitary code of the city. (Ord. of 4-8-54, § 1)


ARTICLE II. NUISANCESt

Sec. 10-16. Defined.

For the purposes of this article, the word "nuisance" is hereby defined as any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

(1) Injures or endangers the comfort, repose, health or safety of others; or

(2) Offends decency; or

(3) Is offensive to the senses; or

•cross references-Proof of vaccination prerequisite to issuance of dog license, § 5-27; buildings and building regulations, Ch. 6; garbage and refuse, Ch. 9; utilities generally, Ch. 20.

State law reference-Public health, F.S. Ch. 381 et seq. tCross references-Distribution of handbills, Ch. 3, Art. II; advertising

vehicles, Ch. 3, Art. III; livestock running at large prohibited, § 5-3; swine proh'1>ited, § 5-5; dangerous buildings, Ch. 6, Art. VII.

675

§ 10-16 JASPER CODE

(4) Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or

(5) In any way renders other persons insecure in life or the use of property; or

(6) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.

Sec. 10-17. Illustrative enumeration.

The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:

(1) Noxious weeds and other rank vegetation;

(2) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metal's, lumber or other things;

(3) Any condition which provides harborage for rats, mice, snakes and other vermin;

(4) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;

(5) All unnecessary or unauthorized noises and annoying vibrations, including animal noises;

(6) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches;

676

HEALTH AND SANITATION § 10-20

(7) The carcasses of animals or fowl not disposed of within a reasonable time after death.

(8) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances;

(9) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained;

(10) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground;

(11) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.

Sec. 10-18. Prohibited.

It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance.

Sec. 10-19. Notice to abate.

Whenever a nuisance is found to exist within the city or within the city's extraterritorial jurisdiction, the city manager or some other duly designated officer of the city shall give five (5) days' written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.

Sec. 10-20. Contents of notice.

The notice to abate a nuisance issued under the provisions of this article shall contain:

(1) An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances;

(2) The location of the nuisance, if the same is stationary;

(3) A description of what constitutes the nuisance;

677


(4) A statement of acts necessary to abate the nuisance;

(5) A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the city will abate such nuisance and assess the cost thereof against such person.

Sec. 10-21. Service of notice.

The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law.

Sec. 10-22. Abatement by city.

Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this article to abate the same, the city manager or other duly designated officer of the city shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof.

Sec. 10-23. Emergency abatement by city.

When, in the opinion of the city manager or other duly designated officer, there is actual and immediate danger to the public or occupants of a particular premises caused by a nuisance on such premises, the city manager or duly designated officer is hereby authorized and empowered, without any notice or hearing, to order and require such premises to be vacated. The city manager or other duly designated officer shall immediately post the premises, warning of the dangerous condition, and shall then abate such nuisance and prepare a statement of costs incurred in the abatement thereof.

Sec. 10-24. City's costs declared lien.

Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this article shall constitute a lien against the property upon which such nuisance existed, which lien shall be filed, proven and collected as are regular city taxes.



Chapter 11

LICENSES*


No person shall engage in or manage any business, profession, privileges or occupation hereinafter mentioned and required to be licensed within the city unless and until a city license shall have been procured from the mayor and collector of the city, which license shall be then and there issued by the mayor and the collector upon the payment of the amount of the license tax required therefor. (Ord. o.f 9-18-72, § 1)

Sec. 11-2. Dermitions.

The word "resident" in this chapter means any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any business within its jurisdiction and/ or any person who maintains a permanent business location or branch office within the city for the privilege of engaging in or managing any profession or occupation within the jurisdiction. "Nonresident" means any person who does not qualify under the provisions for "resident" and who transacts any business or engages in any occupation or profession in interstate commerce where such license tax is not prohibited by Section 8 of Article 1 of the United States Constitution. (Ord. of 9-18-72, § 1)

Sec. 11-3. Term; proration of tax.

No license shall be issued for more than one year and all licenses shall be sold by the appropriate tax collector beginning September first of each year and shall be due and payable on October first of each year and all licenses shall expire on the thirtieth day of September of each year and for each license obtained between October first and April

*Cross references-License required for advertising vehicles, § 3-34; permit for peddlers, Ch. 13, Art. II.

State law reference-Local occupational license taxes, F.S. Ch. 205.

729

§ 11-3 JASPER CODE

first the full tax for one year shall be paid, except as hereinafter provided for, and for each license obtained from April first to September thirtieth, one-half the full tax shall be paid except as hereinafter provided for. (Ord. of 9-18-72, § 2)

Sec. 11-4. Transfer.

Licenses shall be good only for the particular business and at the particular place of business which shall be named therein and for the person to whom issued but licenses may be transferred to a new owner when there is a pona fide sale and transfer of the business upon payment of a transfer fee of three dollars ($3.00) and presentation of evidence of the sale and the original license to the appropriate collector; such transfer shall be written across the face of the original license and shall in no case be deemed authority to conduct business in contravention to any ordinance of the city now existing or hereinafter enacted, or to establish or maintain any nuisance. Upon written request and presentation of the original license to the appropriate collector, and license may be transferred from one location to another location in the city upon payment of a transfer fee of three dollars ($3.00). (Ord. of 9-18-72, § 3)

Sec. 11-5. Tax.

The amount of license tax levied and imposed upon every person that shall engage in or manage any business, profession, privilege or occupation hereinafter mentioned, within the city, is hereby fixed, graded and determined at the following amounts:

A

Abbatoir ...................................... .

Abstractors of Title:

Companies, agents, firms or persons other than licensed attorney, engaged in the business of making abstracts of title from public

$ 25.00

records employing less than three persons . . . . 15.00

730

LICENSES

Employing three or more persons ............ .

Advertising:

(1) Advertising agents (Also see Agents) (Either agency or individual) ............ .

(2) Advertising on streets by banners, floats, bands, cartoons or other means for circuses, carnivals or shows showing outside of the city, per day .............. .

(3) Advertising signs, billboards, other than at proprietor's place of business, per sign.

(4) Advertising signs, electrical or mechanical, other than at proprietor's place of business, per sign ....................... .

(5) Advertising by painting on wall or fence, advertising business other than that of owner of wall or fence ................... .

Agents or Agencies:

(1) Advertising (see advertising)

(2) Adding machines, dictaphone, cash regis-ters, and the like ........................ .

(3) Agency, commercial or persons, firms, corporations or associations, giving information as to credit rating or standing of individuals or firms, per year ......... .

(4) Agency, real estate ...................... .

(5) Agency, real estate salesman ............ .

(6) Agency, rental, claims or collec_ting ..... .

(7) Agency, corporations ................... .

(8) Agency, soliciting business for out-of-town enterprises where display rooms are maintained and merchandise kept on hand as display purposes only. Provided, however, that the occupational license tax

731

§ 11-5

50.00

25.00

50.00

10.00

15.00

10.00

15.00

10.00

15.00

10.00

10.00

25.00

§ 11-5 JASPER CODE

hereby imposed shall not apply to establishments regularly and continuously engaged in the sale of merchandise customarily carried on hand as a part of the regular stock of such establishment... 25.00

(9) Agency, soliciting business for foreign concerns not otherwise provided for, per year .................................... .

(10) Agents, residents soliciting for nonres-ident enterprises ........................ .

(11) Agents, nonresident, soliciting business for nonresident enterprises .............. .

(12) Agencies, claims and collecting, other than lawyers ............................ .

(13) Agencies, detective ...................... .

(14) Agents, detective, each .................. .

(15) Agencies, employment .................. .

(16) Agents, dealers, salesmen of gravel and/ or sand ................................. .

(17) Agents, land and development companies

(18) Labor recruiters, inducing laborers to leave county for employment ............ .

(19) Promoters or persons selling stocks and bonds, of nonresident corporations, per year .................................... .

(20) Seed stores, dealers or agents (also see merchants) ............................. .

(21) Typewriter, dealer in or agents for, per

25.00

15.00

25.00

15.00

30.00

10.00

10.00

10.00

15.00

200.00

10.00

15.00

year..................................... 10.00

(22) Vacuum cleaners, dealers in or agents for, not paying merchants license . . . . . . . . 10.00

(23) Unclassified and not otherwise specified . 10.00

732

LICENSES

Amusements:

(1) Amusement parks

(2) Cane racks, knife racks, lifting machines, ball games, wheels of fortune, spot-thespot, hoopla, keno, corn games, striking machinery, or other similiar amusements or concessions of the same class, each per day ..................................... .

(3) Flying Jennies, merry-go-rounds, whips, Ferris wheels, caterpillars, sea planes, or similiar rides or riding devices, per day ...

(4) Games, such as shuffleboards, throwing balls at figures and the like, per day ..... .

(5) Shooting galleries, when located in per-manent structure, per year .............. .

When not located in permanent structure, per day ............................... •••

(6) Vending machines, each person, firm or corporation who may operate or place for use any vending machine or mechanical device designated to operate by the insertion into such machine of a coin or metal disk or slug for the purpose of showing weight of persons or objects, each, per year ........................... .

(7) Each person, firm or corporation who may operate or place for public use any vending machine or mechanical device designated to operate by the insertion into such machine of a coin, or metal disk or slug, for the purpose of producing or reproducing music, pictures, prints, or writing, each machine, per year ......... .

(8) Pinball and similar game machines, providing the above shall not apply to any machine which it is unlawful to

733

§ 11-5

25.00

10.00

10.00

10.00

25.00

5.00

5.00

10.00

§ 11-5 JASPER CODE

operate, and shall not apply to machines designated and used for vending U.S. Postage Stamps. . . . . . . . . . . . . . . . . . . . . . . . . . 20.00

Architects:

And/or superintendents of buildings . . . . . . . . . 15.00

Auctioneering:

(1) Resident, per year. . . . . . . . . . . . . . . . . . . . . . . . 15.00

(2) Nonresident, per year.................... 20.00

Auditing Companies or Individuals:

Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

Automobiles or Motor Vehicle Business:

(1) General automobile- dealer, resident, per-mitting sale of new and used cars, repair and replacement parts, operation of repair department, paint and body shop, when under one ownership and at same site ....

(2) Garage and repair shop, combined ...... .

(3) Garage and repair shop, separate ....... .

(4) Dealers or sales agents, not licensed under (1) ................................ .

(5) Washing and/or greasing, not connected with garage or service station, per year ...

(6) Automobile paint and/or body shop, separate ................................ .

(7) Automobile painter, out of licensed shop ..

(8) Automobile trailer parking lots .......... .

(9) Automobile parking ..................... .

(10) Automobile or motor vehicle wrecking or dismantling for salvage or parts, per year

(11) Automobile trailers offered for sale on vacant lots, per year .................... .

734

30.00

20.00

10.00

40.00

10.00

25.00

20.00

10.00

10.00

15.00

10.00

LICENSES § 11-5

(12) Automobile for hire . . . . . . . . . . . . . . . . . . . . . . 10.00

(13) Automobile buses, operator or chauffeur, each bus operated . . . . . . . . . . . . . . . . . . . . . . . . 15.00

(14) Motor vehicle drivers, each individual driver of any motor vehicle for hire operating on the streets of the city . . . . . . . 10.00

(15) Vehicles, motor, all persons, firms, corporations engaging in carrying on the business of renting or hiring to the general public, motor vehicles, either with or without drivers, shall pay a license tax on said business in the sum of ten dollars and in addition thereto, when more than one vehicle is used in such business the sum of five dollars on each such vehicle exceeding one.

First vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

Each additional vehicle . . . . . . . . . . . . . . . . . . 5.00

B

Bakeries:

(1) Resident, retail or wholesale . . . . . . . . . . . . . 15.00

(2) Nonresident delivering, retailing in city . . 25.00

Bank or Banker:

(1) Less than $100,000 capital, per year . . . . . . 50.00

(2) $100,000 capital or over, per year. . . . . . . . . 75.00

Barber Shop:

(1) One chair. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(2) Each additional chair . . . . . . . . . . . . .. . . .. . . 5.00

Battery Charging and Repair Shop:

Not part of licensed garage or service station, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

735

§ 11-5 JASPER CODE

Beauty Parlor:

(1) First operator, per year . . . . . . . . . . . . . . . . . . 10.00

(2) Each additional operator, per year . . . . . . . 5.00

Bicycle:

Renting or repairing, separate, per year . . . . . . ' 10.00

Billiard, Pool, Bagatelle, Jenny Lind Tables and Rooms, Pool or Billiard Rooms or places where charges are made for playing pool or billiards:

(1) First table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

(2) Each additional table . . . . . . . . . . . . . . . . . . . . 10.00

(3) Billiard, pool tables, miniature, per table . 50.00

Blacksmith Shop: per year . . . . . . . . . . . . . . . . . . . . . 15.00

Boarding Houses: (See Hotel)

Bookbindery, per year.......................... 10.00

Bootblack Stand, not connected with barber shop......................................... 5.00

Bottled or Canned Drinks Wholesale Delivery . . 25.00

Bottling Works, per year . . . . . . . . . . . . . . . . . . . . . . . 50.00

Bowling Alleys, for each alley, per year . . . . . . . . 15.00

Box or Crate Factories, per year . . . . . . . . . . . . . . . . 25.00

Broker:

(1) Those who carry stock on hand and who sell to registered wholesale merchants only, and act as intermediary between buyer and seller for the consideration of a brokerage or commission from either for the sale of stock, bonds,' merchandise, etc. 25.00

(2) Commission merchants . . . . . . . . . . . . . . . . . . 25.00

(3) Real estate broker. . . . . . . . . . . . . . . . . . . . . . . . 15.00

736

LICENSES § 11-5

Builders: (See Contractors)

Builders Supplies, not including manufacturing 25.00

Building and Loan Association:

(1) Resident or agents, per year. . . . . . . . . . . . . . 25.00

(2) Nonresident or agents therefor, per year.. 35.00

Business College: (See Schools)

C

Cabinet Makers or Carpenter Shop . . . . . . . . . . . . . 15.00

•Cafeterias: (See Restaurants)

Canvassers:

(1) For mail order houses, per year ......... .

(2) Book agents, for sale of books, maps, periodicals, stationery and the like, or selling or delivering the same, per year ...

(3) Card writers and engravers or canvassers thereof, per year ' ........................ .

(4) Not otherwise provided for, per year ..... .

Circuses: (See Shows)

Civil Engineers and Surveyors, per year ....... .

Coal Yards or Dealers in Coal ................. .

Coin-Operated Machines, merchandise, when not in connection with licensed merchant .... .

Cold Storage Plants ........................... .

Contest Companies, persons, firms, associations, or corporations, conducting contests by offering premiums or other inducements for advertising purposes or for the purpose of stimulating or increasing trade, per year .....

Contractors:

(1) General (See building code)

737

50.00

15.00

10.00

50.00

10.00

15.00

5.00

25.00

50.00

§11-5 JASPER CODE

(2) Sub-contractors and others as listed:

Cement work ........................... .

Brick layer or masonry .................. .

Builders ................................ .

Carpenters .............................. .

Decorators .............................. .

Electrical ............................... .

Painters, signs .......................... .

Plasterers ............................... .

Plumbers, including pipefitters, selling fixtures or conducting shop or con-tracting ............................. .

(3) House movers ........................... .

(4) Paving ................................. .

Cotton Gin, per year .......................... .

Creosoting, plants ................. : . ......... .

Curios and Gift Shops, dealers in .............. .

D

Dairies:

(1) Or persons peddling or selling or delivering to customers, milk, cream or dairy

15.00

30.00

30.00

10.00

10.00

10.00

10.00

10.00

10.00

30.00

30.00

15.00

100.00

15.00

products not produced by seller. . . . . . . . . . . 15.00

(2) Dairy depots and dealers in milk not produced by dealer . . . . . . . . . . . . . . . . . . . . . . . 15.00

Dance Halls, per year . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

Deeds and Mortgages, persons preparing for profit deeds or mortgages, other than lawyers 15.00

Directories, city county or state, each person, firm or corporation making or offering for sale, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00

738

LICENSES § 11-5

Dry Cleaners:

(1) Cleaning and blocking hats:

Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

Nonresident ............. .'............... 15.00

(2) Dry cleaners and pressers, each place of business, resident . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(3) Nonresident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

(4) Dryers of clothes and· dyeing establish-ments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(5) Pressing clubs or clothes pressers or cleaners, each person, firm, corporation, association or agent. . . . . . . . . . . . . . . . . . . . . . 15.00

E

Electric Light and Power Plant................. 75.00

Engravers or Lithographers, not including photographers paying license tax . . . . . . . . . . . . 12.50

Express Companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

F

Fertilizer, dealer in or mixture of............... 10.00

Films: (See Photographers)

Fire and Wreck or Bankrupt Sales:

(1) Handling stock of goods of value less than $1,000.00 . . . . .. .. . . . . . . . . .. . .. .. .. . . 25.00

(2) Handling stock of goods valued $1,000.00 and not exceeding $5,000.00 . . . . . . . . . . . . . . 50.00

(3) Handling stock of goods valued over $5,000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00

Fish Market, when not in connection with licensed merchant............................ 10.00

Florist or Dealer in Flowers . . . . . . . . . . . . . . . . . . . . 15.00

739

§ 11-5 JASPER CODE

Fortune Tellers:

Clairvoyants, fortune tellers, divine healers, mind readers, faith curists and spirit mediums giving readings on seances for profit and astrologists, phrenologist, per day ........... .

Per year .................................... .

Fruits, Vegetable or Produce Stores, Stands or Trucks:

(1) Not in connection with licensed mer-chants .................................. .

(2) When sold from car or railroad track, per car load ................................. .

(3) Wholesale dealers in .................... .

(4) Produce or fruit trucks .................. .

Furniture, packers, shippers and/or storage of same

G

Gas Companies:

(1) Dealers in propane gas, butane gas, bottled gas, green gas and any other liquefied gas derived from petroleum products and commonly used for the

100.00

300.00

25.00

10.00

25.00

25.00

25.00

purpose of generating heat . . . . . . . . . . . . . . . 25.00

(2) Dealers in liquefied petroleum gas and/ or appliances and equipment for the use of liquefied petroleum gas. . . . . . . . . . . . . . . . . . . 25.00

Gas Companies, wholesale . . . . . . . . . . . . . . . . . . . . . 60.00

Gasoline and oil company, wholesale:

a. Gasoline and oil company, wholesale . . . . . 60.00

b. Oil company, wholesale, illuminating or lubricating oils at wholesale, provided license not taken out as retail dealer in gasoline or garage . . . . . . . . . . . . . . . . . . . . . . . 60.00

740

LICENSES

Gold, dealers in ............................... .

Golf, miniature, where charges made or other consideration exacted for the privilege of playing, each course, per year ............... .

Grain Elevators ............................... .

H

Hairdressers: (See Beauty Parlors)

Herbalists, and all others except licensed physicians professing to cure or treat disease, injuries or deformities by drugs, ointments, expedients or devices of any kind, per year ...

Hotels, Motels, Boarding Houses, and Rooming Houses:

(1) Having available accommodations for guests, whether occupied or not, per room

(2) Rooming and boarding houses, more than two rooms for rent, per room ............ .

House Movers: (See Contractors)

I

Ice Cream Dealers, retail other than manufac-turers ....................................... .

Ice Cream Salons and Soda Fountains, when operated by other than licensed merchants .. .

Ice Dealers, wholesale or retail ................ .

Insurance:

(1) Companies, whether association, mutual

§ 11-5

10.00

15.00

15.00

75.00

3.00

1.50

15.00

15.00

25.00

or industrial, traveling or resident . . . . . . . . 15.00

(2) Adjusters or rate makers . . . . . . . . . . . . . . . . . 15.00

Itinerant, nonresident:

(1) Any person going from house to house repairing furniture, clocks, jewelry, stoves,

741

§ 11-5 JASPER CODE

tin utensils, sharpening knives and scissors, or any article, and not having a shop located in the city upon which he is paying a license tax, per week. . . . . . . . . . . . 10.00

(2) Merchants or vendors, any person, either principal or agent, temporarily engaged in the sale of goods, wares and merchandise and occupying any building or structure for the same, per month . . . . . . . . . . . . . . . . . . 75.00

(3) Musicians and organ grinders, per day . . . 10.00

J

Jewelers, Repairing or Watch Repairers . . . . . . . . 10.00

Job Printing: (Also see Newspapers)

(1) Working less than ten.................... 15.00

(2) Working ten or more . . . . . . . . . . . . . . . . . . . . . 25.00

Junk Shops:

(1) Hide and fur dealers and dealers in junk hides and furs, old iron, rags, etc., including those gathering around the city in wagons, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(2) Junk gatherer, wagon or otherwise . . . . . . . 5.00

L

Laundry:

(1) Laundry, nonresident, doing business within, not including dry cleaning. . . . . . . . 50.00

(2) Laundry resident (not including dry cleaning) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(3) Laundries, steam or electric, including dry cleaning, linen supply service, and all other services usually incident to the laundry business, provided that each such dry cleaning, linen supply service, or

742

LICENSES

other services are carried on in conjunction with, as an integral part of, and on the same premises with such laundry business, to be done in plants located:

Resident, inside city ..................... .

Nonresident ............................ .

(a) Laundry solicitors-Resident, firms or corporations who solicit laundry and laundry services as independent con-tractors ............................. .

(b) Laundry solicitors-Nonresident, firms or corporations who solicit laundry and laundry services as independent contractors ......................... .

(4) Linen supply or service, carrying on the business of either as principal or agent, whereby any compensation is charged or collected ................................ .

(5) Where confined to clothes and overalls used by garages and other repair shops ..

(6) Self-service laundry ..................... .

Loan and Finance Company:

(1) Persons engaged in the business of making small loans under F.S. Ch. 516 .. .

(2) All others ............................... .

Locksmiths and Repairers, who pay no other license ...................................... .

Lumber: (Also see Manufacturing)

(1) Lumber yard and retail dealers in lumber, other than licensed builders supply ...... .

(2) Lumber, sawmill yards .................. .

743

§ 11-5

50.00

100.00

50.00

100.00

25.00

20.00

20.00

100.00

100.00

10.00

50.00

50.00

§ 11-5 JASPER CODE

M

Machines and Machinery:

(1) Machine shop and/or boiler maker and/or foundry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

(2) Resident dealer in or agent for . . . . . . . . . . . 25.00

(3) Nonresident dealer in or agent for........ 40.00

Manufacturing:

(1) Cement or artificial stone . . . . . . . . . . . . . . . . 50.00

(2) Cigar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

(3) Sash, door and blind factory . . . . . . . . . . . . . 50.00

(4) Flour and/or grits mill................... 50.00 ' (5) Ice ....... .'............................... 50.00

(6) Ice cream . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

(7) Lumber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

(8) Mattress maker or factory. . . . . . . . . . . . . . . . 50.00

(9) Not otherwise listed. . . . . . . . . . . . . . . . . . . . . . 50.00

Meat Market, when not in connection with licensed merchant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

Merchants, Markets, Storekeepers, Druggists, and Dealers:

(1) Other than those specially mentioned in this subsection, having a stock less than $1,000.00 value . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.00

(2) Stock of $1,000.00 and less than $3,000.00 18.00

(3) Stock of $3,000.00 and less than $6,000.00 24.00

(4) Stock of $6,000.00 and less than $10,-000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00

(5) Stock or $10,000.00 and less than $25,-000.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.00

744

LICENSES § 11-5



(8) Stock over $100,000.00 . . . . . . . . . . . . . . . . . . . 60.00

Messenger Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50

Money Lenders, or Brokers:

(1) Lending or advancing money on personal property, motor cars or purchasing notes or papers secured by motor vehicles, other than banks or bankers or pawnbrokers, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00

(2) Pawnbrokers and all persons except banks or bankers whose business includes or consists of the taking, buying or selling, assignment of, or contracts for the purchase sale, transfer or assignment of, wages or salaries, earned or to be earned in the future by any person employed by any other person, per year . . . . . . . . . . . . . . . 50.00

Motorcycle:

(1) Agents or dealers or shop for repairs:

Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

Nonresident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

(2) When kept for hire, each . . . . . . . . . . . . . . . . . 10.00

Moving Pictures: (Also see Shows).............. 30.00

Multigraph or Mimeograph, making letters for others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

N

News Stand, where papers and periodicals are sold.......................................... 10.00

745

§ 11-5 JASPER CODE

Newspaper:

(1) Published six days week or oftener . . . . . . . 30.00

(2) Weekly and publishers of magazines or similar publications other than those published by a department of state . . . . . . . 15.00

(3) Publisher, with job printing under same owner and at same establishment........ 25.00

Nursery Stock, agents or dealers, per year...... 10.00

0

Office Machine Repairers, unless paying agent's license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

p

Peanut or Popcorn Roasters ................... .

Peddlers:

Selling from house to house notions, dry goods, any article of merchandise, furniture, etc., who go from house to house to solicit orders therefor, when sold direct:

Resident .................................. .

Nonresident .............................. .

Pest Control, Exterminators ................... .

Photographers:

10.00

50.00

100.00

25.00

(1) Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

(2) Nonresident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(3) Peretypers, crayon artists . . . . . . . . . . . . . . . . 25.00

(4) Portrait solicitors, for enlarging and framing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

(5) Film or photo developing (not otherwise licensed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

Piano Tuners, per year . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

746

LICENSES

Professions:

The following practitioners are classed as professional, and each person engaged in the practice of any such profession other than persons receiving only a salary or wage by a licensed practitioner in this city, is required to take out a professional license:

Chiropodist, masseurs and manicurists .... .

Dental technician or laboratory ........... .

Dentists .................................. .

Lawyers .................................. .

Optician .................................. .

Osteopaths and healers by manipulation .. .

Physicians and/ or surgeons ............... .

Veterinary surgeons ...................... .

Other professions not otherwise classed ... .

R

Railroad Companies, doing business within the city transporting freight and passengers to and from points in the state and,

Having railroad trackage in the state of 200 miles or more ........................... .

Having less than 200 miles trackage ...... .

Repair Shops:

(1) Radio and/or television shops, whether or not in connection with the sales of radios, radio equipment or other merchandise ....

(2) When no other license is provided for in this section ............................. .

Restaurants, Cafeterias, etc.:

(1) Under 40 chairs or stools ................ .

747

§ 11-5

25.00

25.00

25.00

25.00

25.00

25.00

25.00

25.00

25.00

35.00

25.00

10.00

15.00

25.00

§ 11-5 JASPER CODE

(2) Over 40 chairs or stools . . . . . . . . . . . . . . . . . . 40.00

(3) Delicatessen or sandwich shop . . . . . . . . . . . 10.00

(4) Lunch stand or counters . . . . . . . . . . . . . . . . . 10.00

Rinks, Skating or Other:

(1) If such rink is in permanent structure, per year..................................... 50.00

(2) If such rink is not located in permanent structure, per year . . . . . . . . . . . . . . . . . . . . . . . 75.00

Rolling Store:

(1) By resident operator . . . . . . . . . . . . . . . . . . . . . 25.00

(2) By nonresident operator . . . . . . . . . . . . . . . . . 50.00

s Sanitariums, Hospital, Nursing Home, or Insti-

tution of like character without charity beds . . 25.00

Schools:

(1) Business college . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

(2) Dancing schools . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(3) Kindergarten, private . . . . . . . . . . . . . . . . . . . . 5.00

Seal Companies, or person making or selling corporate seals or other . . . . . . . . . . . . . . . . . . . . . . 10.00

Second Hand Stores: (See Merchants)

Service or Filling Stations:

(1) Retail, selling gasoline and oils, and including tires, batteries, accessories, wash racks and greasing rack, but not including automobile repairs or painting:

First pump............................... 10.00

Each additional pump . . . . . . . . . . . . . . . . . . . 6.00

(2) Retail, sale of gasoline and oil by business other than service stations:

748

LICENSES § 11-5

First pump. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50

Each additional pump . . . . . . . . . . . . . . . . . . . 5.00

Sewing Machines, repair:

(1) Local . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

(2) Itinerant repairs . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

Sheet Metal or Tin Worker: (Also see Tin Worker)...................................... 15.00

Shoe Repair Shop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

Shows:

(1) Circuses, held under main tent, per day ..

(2) Circuses, side shows, per day ............ .

(3) Circus or carnival parades, where show is outside city ............................. .

(4) Exibition of freaks, etc., per day ......... .

(5) Hawkers, or vendors of medicine, drugs, or patent medicines or other preparations purporting to possess medical virtues (other than licensed pharmacist) and hawkers or peddlers who occupy any part of the street or sidewalk by displaying or crying their wares; or who by music or other entertainment or harangue endeavor to attract a crowd for the purpose of selling their wares, per day .............. .

(6) Moving pictures ........................ .

(7) Drive-in theatre ......................... .

(8) Side shows, each with circuses, or other shows when separate admission is charged, per day ................................. .

Snow Ball Stands ............................. .

Soft Drinks, Soda Water Bottled, Coca Cola, etc., when sold as principal business ........ .

749

25.00

10.00

25.00

10.00

25.00

30.00

30.00

10.00

10.00

10.00

§ 11-5 JASPER CODE

Storage Warehouse or Rooms................... 10.00

Surveyors, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

T

Tailor:

(1) Not paying tax as agent . . . . . . . . . . . . . . . . . 10.00

(2) Suits, to order and measure, when not in connection with merchants or other li-censee, or without other license. . . . . . . . . . . 15.00

Taxidermist.................................... 10.00

Telegraph Company . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

Telephone Companies:

(1) For local exchange business. . . . . . . . . . . . . . 75.00

(2) Long distance . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00

Tin or Sheet Metal Worker . . . . . . . . . . . . . . . . . . . . . 15.00

Tobacco Warehouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50.00

Trailer Park, per space . . . . . . . . . . . . . . . . . . . . . . . . . 1.00

Transfer Companies:

(1) Any person or corporation transferring and hauling goods, freight, baggage, merchandise, and/ or sand and gravel, one truck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

(2) Each additional truck . . . . . . . . . . . . . . . . . . . . 5.00

Trucks, Cars, or any kind of Conveyance Delivering, Selling or Taking Orders for any kind of Merchandise, Wholesale or retail 25.00

u Unclassified, all persons doing business in the

city, or having agents or representatives established in the city, and not specially enumerated in this list, shall pay a license tax

750

LICENSES

for each $100.00 of capital stock or part thereof ...................................... .

Undertakers, Embalmers or Funeral Directors ..

Upholstering of Furniture or Autos ............ .

V

Vulcanizers and Vulcanizing Establishments:

Vulcanizer or retreader of tires, or agent therefor, where no other occupational license

§ 11-6

10.00

50.00

25.00

is held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00

w Weighing Machines, for profit.................. 5.00

Welding Shops and Welders:

Welder, electric or acetylene or both, when not performed in connection with other licensed business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

Woodyards, or persons selling wood . . . . . . . . . . . . 5.00

Any business, occupation, profession or vocation engaged in by any person, firm or corporation in which merchandise is sold or a service rendered for compensation and not specifical-ly otherwise named or provided for, per year.. 15.00

(Ord. of 9-18-72, 3) Cross reference-Taxation generally, Ch. 18.

Sec. 11-6. Delinquent penalties.

(a) Those licenses not renewed by October first shall be considered delinquent and subject to a delinquency penalty of ten (10) per cent for the month of October, plus an additional five (5) per cent penalty for each month of delinquency. The penalty shall not exceed twenty-five (25) per cent of the occupational license fee for the delinquent establishment.

(b) It shall be the duty of all delinquents to pay such delinquency penalty to the city treasurer and collector and

751

§ 11-6 JASPER CODE

the payment of the amount to him shall be a condition precedent to the issuance of the license.

(c) In addition to the payment of an increased license tax all such delinquencies shall be subject to prosecution, and the fines and penalties now prescribed by ordinance, for the offense of engaging in, or carrying on, the business, occupation or profession, or exercising the privilege, without first obtaining the license therefor required. (Ord. of 9-18-72, §§ 5-7)

Sec. 11-7. Capital stock.

(a) In all cases where the amount required to be paid for a license tax depends upon the amount of the capital stock invested or value of goods or stock or property used in the business it shall be the duty of the person applying for such license to render the city collector a sworn statement of the amount of such capital, or value of such stock, goods, or other property, and such other proof, including insurance carried and as a condition for the issuance of any such license the applicant shall be bound to submit for inspection and examination by the collector either before or after the license is issued, inventories last taken, or stock books of merchandise or other property carried or used in such business. The collector may refuse to issue the license until such statement is filed and such inspection and examination is permitted; and it shall be unlawful for any licensee to refuse to allow such inspection and examination by the collector.

(b) It shall be unlawful for any person to make any false written affidavit as to the amount of the capital stock invested, or the value of the stock, goods, or other property invested in the business, and to file such affidavit, with the city collector or any other city official, for the purpose of procuring a license for a less sum than is lawfully payable by the affiant, to obtain a legal license. Any license so obtained shall be null and void. (Ord. of 9-18-72, § 8)

Sec. 11-8. Companies in interstate commerce.

The tax imposed on express companies, railroad companies, telephone companies, telegraph companies and other

752

LICENSES I I I

§ 11·11

companies engaged in interstate commerce is imlsed upon the business actually done by any such company ithin the city and to and from points within the state, nd is not imposed upon any business done for the Unit~d States Government or upon interstate business. (Ord. of 1\9-18-72, § 9)

i

Sec. 11-9. Display. \

Every person having a license shall exhibit it wl)en called upon to do so by an authorized officer of the city and all licenses must be conspicuously displayed at all tiqies. (Ord. of 9-1s-12, § 10) I

Sec. 11-10. Evidence of doing business. I

The fact that any person representing himself as engaged in any business, calling, profession or occupatio for the transaction of which a license is required or t at such person exhibited a sign or advertisement indicat ng such business, calling, profession or occupation, shall be evidence of the liability of such person to pay a license tax. (Ord. of 9-18-72, § 11) I

Sec. 11-11. Penalty for failing to obtain ~icense; seizure of goods. !

Any person that shall carry on, conduct, enga e in or manage any business, profession or occupation wi hin the limits of the city for which a license is or may be ~equired, without obtaining such license, shall be subject to a i penalty of twenty-five (25) per cent of the license determin,d to be due, and in addition shall upon conviction theteof, be punished by a fine not exceeding double the \amount required for such license, or by imprisonment for ,:period not exceeding sixty (60) days, or by both such ne and imprisonment. The payment of all license taxes ay be enforced by seizure and sale of property of the persop liable for such tax, by the tax collector of the city. (Ord. of 9-18-72, § 13) i

753

!

i

i [The next pagt is 803]

Chapter 12

MISCELLANEOUS OFFENSES AND PROV SIONS•

Art. I. In General,§§ 12-1-12-15 Art. II. Registration of Firearms, §§ 12-16-12-31 Art. III. Parades,§§ 12-32-12-34


Sec. 12-1. State misdemeanors adopted.

It shall be unlawful for any person to commit, 'thin the city limits, any act which is or shall be recog ized and declared by the laws of the state to be a misdeme nor, and the doing or committing such act within the city · s hereby forbidden and declared to be a crime against the aws and ordinances of the city. (Ord. of 9-13-60, § 1)

Editor's note-For ready references to state misdemeano s see Fla. Stats., general index heading "Fines and Penalties."

Sec. 12-2. Obstructing drainage facilities pro ibited.

It shall be unlawful for any person to place ny dirt, garbage, earth, debris, trash or any other substan e in any ditch, drainage structure, catch basin, watercourse or other drainage facilities or to fill, dam, obstruct or hinde the flow of water in such ditch, drainage structure, ca h basin, watercourse or other drainage facility, or to dig ·n, place earth in or change in any manner the walls, bank , bottom or any portion of such drainage facility. (Ord. of 1-5 61, § 1)


ARTICLE II. REGISTRATION OF FIREA MS


No person shall, within the corporate limits of the city:

•cross reference-Police generally, Ch. 14.

803


(1) Own or possess, or have in his custody, possession or control any pistol, revolver, machine gun, or submachine gun;

(2) Have or carry any pistol, revolver, machine gun, or submachine gun on or about his person;

(3) Have or carry any pistol, revolver, machine gun, submachine gun on or in the motor vehicle in which he is riding or otherwise situate, or which he owns or which he has in his custody or control;

without first having registered the same with the city clerk. (Ord. of 8-3-64, § 1)

Sec. 12-17. Exceptions to article.

This article shall not apply to sheriffs, deputy sheriffs, police officers, constables, United States Marshals or their deputies or any law enforcement branch or agency of the United States Government whose duties require them to bear arms nor to members of the armed forces of the United States Government when upon duty and whose duties require them to bear arms. (Ord. of 8-3-64, § 4)

Sec. 12-18. Inspection; records.

In order for a pistol, revolver, machine gun, or submachine gun to be registered the weapon shall be produced before the chief of police or assistant chief of police for his inspection and the chief of police or assistant chief, shall cause the city clerk to make and keep in a record book for that purpose, a record of the name of the person registering the same, together with the permanent address or place of residence of such person and the title which such person claims in the weapon whether as owner, bailee, pledgee or otherwise and in the event the person so registering the weapon shall not claim to 'be the owner thereof, then the name and address of the reputed owner based on information furnished by the person registering same, together with a record of the type, make, caliber, and model and serial number of the weapon and such other identifying

804

MISCELLANEOUS OFFENSES AND PROVISIO S § 12-31

date and descriptive matter pertaining to the we pon as to make the same readily identifiable from the des ription of the same. (Ord. of 8-3-64, § 2)

Sec. 12-19. Seizure; disposition.

Every police officer making an arrest for any olation of this article, or making arrest for the violatio of any ordinance of the city, who shall discover the violat on of this article, shall take possession of any unregistere weapons found on or about the person arrested or in his p ssession, custody or control or in the motor vehicle or ny other vehicle in which he is riding or otherwise situate or which he owns or has in his custody or control and deliv r them to the chief of police who shall retain the same unt' after the trial of the person arrested. If the person a ested be convicted of the offense for which he was arre d, such weapon shall become forfeited to the state as pr vided in F.S. § 790.08 as amended or hereafter without ny other forfeiture being necessary and shall be forthwith delivered by the chief of police to the adjutant general of th military department of the state. In the event of the refu al of the adjutant general to accept the same, then the chie of police shall promptly thereafter destroy the pistol, machi e gun or other weapon. If the person arrested as afor said be acquitted, the weapon taken from him as aforesai shall be returned to him; provided, however, if he fails to c 11 for or receive the same within sixty (60) days from his ac uittal or the dismissal of the charges against him, the sam shall be disposed of as if he had been convicted as her inabove provided. (Ord. of 8-3-64, § 3)

Sec. 12-20. Fee; issuance of certificate.

Any person registering a weapon as provided in this article shall pay to the city clerk at the tim of the registration, a fee of one dollar ($1.00) for the first weapon and twenty-five cents ($0.25) for each additional wea on, who shall issue to such person a certificate of registr tion for such weapon. (Ord. of 8-3-64, § 5)


805


ARTICLE III. PARADES*

Sec. 12-32. Permit-Required.

If three (3) or more persons shall form or assemble themselves together for the purpose of holding a drill, parade or march, with or without arms, without a special license or permit from the city for such action, they shall be held to be guilty of holding an unlawful parade and each person unlawfully engaging in the formation of such parade shall be guilty of a violation of this article. (Ord. of 10-1-62, § 2)

Sec. 12-33. Same-Issuance or denial.

Special licenses or permits for parades may be issued by the mayor, or in his absence the city manager, and in the absence of both the mayor and city manager, the chairman of the city council. Such officials may r~fuse to grant or issue such licenses or permits if, in their opinion, the holding of such parade might tend to cause breaches of the peace, riots, affrays or civil commotion, or other disorderly conduct. (Ord. of 10-1-62, § 2)

Sec. 12-34. Dispersement.

If any such assembly or parade as described in this article, whether with or without a license or permit, is formed or held and it shall appear that the same should be dispersed to avoid any of the results as stated in section 12-33, then the mayor, city council, city manager, chief of police, police officers or other law enforcement officers of the city, county or state, shall go among the persons so assembled, or as near to them as may be done with safety, and shall in the name of the law command all persons so assembled to immediately and peaceably disperse and if such persons do not thereupon immediately and peaceably disperse, such officers may command assistance of all persons present or available in the seizing, arresting and securing such persons so unlawfully assembled, or in suppressing such riot or unlawful assembly and who refuse

*Cross reference--Streets, sidewalks and other public places, Ch. 16.

806

MISCELLANEOUS OFFENSES AND PROVISION § 12-34

to obey such command, or, when required by such officers to depart from the place, refuse to do so. If any person so commanded to assist such officers shall fail, refuse or neglect to do so, he shall be deemed and hel to be in violation of this article. Failure of any person obey the lawful command of any such officer shall stitute a violation of this article. (Ord. of 10-1-62, § 3)

[The next pa e is 857] 807

----~--~-~------

Chapter 13

PEDDLERS

Art. I. In General,§§ 13-1-13-17 Art. II. Permit,§§ 13-18-13-26


Sec. 13-1. Definition.

The word "peddler" as used in this chapter s all mean any person, whether a resident of this city or not, traveling from place to place, from house to house, or fro street to street for the purpose of selling or soliciting for s le goods, wares, merchandise or services, other than a ·cultural products produced or processed in this state; and hall also mean and include any person transacting a t mporary business within the city at an established place of business. The word "peddler" shall include the term " olicitor," "transient or itinerant merchant or vendor," or "tr nsient or itinerant photographer."

Sec. 13-2. Exceptions to chapter.

The provisions of this chapter shall not pply to solicitations, sales or distributions made by c aritable, educational or religious organizations which h ve their principal place of activity in the city.

Sec. 13-3. Refusing to leave.

Any peddler who enters upon premises owned or l ased by another and refuses to leave said premises after ha ng been notified by the owner or possessor of the premise , or his agent, to leave the same, shall be deemed guil y of a misdemeanor.

Sec. 13-4. Entrance to premises restricted.

It shall be unlawful for any peddler to enter u on any private premises when the same are posted with a sign stating "No Peddlers Allowed" or "No Solicitor " or a similar sign.

857

§ 13-5 JASPER CODE

Sec. 13-5. Misrepresentation.

It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality or nature of his goods, wares, merchandise or services for the purpose of inducing another to purchase the same. ,

Sec. 13-6. Hours of operation.

It shall be unlawful for any peddler to engage in the business of peddling between the hours of 8:00 p.m. and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer.


ARTICLE II. PERMIT*


It shall be unlawful for any person to engage in business as a peddler within this city without first obtaining a permit so to do.

Sec. 13-19. Application.

The application for a permit required by the provisions of this article shall:

(1) Contain a statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any state or federal law or municipal ordinance or code; the nature of the offense; the punishment or penalty assessed therefor, if previously convicted; and the place of conviction;

(2) Whether the applicant, upon any sale or order, shall demand, accept or receive payment, or deposit, of money in advance of final delivery;

(3) The period of time the applicant wishes to engage in business within the city;

---*Cross reference-Licenses generally, Ch. 11.

858

PEDDLERS § 13-24

(4) The local, and permanent, address of the applicant;

(5) The local, and permanent, address and the name of the person, if any, that the applicant represents;

(6) The kind of goods, wares, merchandise or services the applicant wishes to engage in such business within the city;

(7) The last five (5) cities or towns wherein the applicant has worked before coming to this city;

(8) Such other relevant information as the chief of police may require for the investigation of the applicant.

Sec. 13-20. Chapter 11 applicable.

The provisions of chapter 11, insofar as the same may be applicable and not in conflict, shall apply to and govern the issuance of any license under the provisions of this article.

Sec. 13-21. False information.

It shall be unlawful for any person to give any false or misleading information in connection with his application for a permit required by this article.

Sec. 13-22. Fingerprints, photographs.

At the request of the city clerk the applicant for a permit required by this article, shall submit to fingerprinting and photographing by the chief of police.

Sec. 13-23. Fee.

Before any permit shall be issued under the provisions of this article, the applicant therefor shall pay a fee of fifteen dollars ($15.00) therefor.

Sec. 13-24. Issuance restricted.

No peddler's permit shall be issued to a corporation, partnership or other impersonal legal entity, but each individual person engaging in the business of peddling

859


within the city shall be required to have a permit whether acting for himself or as an agent or representative of another.

Sec. 13-25. Display.

Every peddler having a permit issued under the provisions of this article and doing business within the city shall display his permit upon the request of any person, and failure so to do shall be deemed a misdemeanor.

Sec. 13-26. Revocation.

Any permit issued under the provisions of this article may be revoked for the violation by the permittee of any provision of this Code, state law or city ordinance. Upon such revocation, such permit shall immediately be surrendered to the chief of police, and failure to do so shall be misdemeanor.


Chapter 14

POLICE*

Sec. 14-1. Chief of police-Office created.

There is hereby created the· office of chief of police. Charter reference-Creation of police department, § 110. Cro88 reference-Administration, Ch. 2.

Sec. 14-2. Same-Powers and duties.

(a) The chief of police shall enforce the provisions of this Code and other ordinances of the city.

(b) The chief of police shall have the authority to promulgate rules and regulations governing the police department and to enforce them.

Sec. 14-3. Bond required for police officers.

Upon appointment as a member of the police force of the city the appointee shall, before assuming his duties as such officer, be required to give a good and sufficient bond in the amount of ten thousand dollars ($10,000.00), with two (2) sureties, or a surety company duly authorized under the laws of the state, conditioned for the faithful performance of the duties of his office, which bond shall be approved by the city council. (Ord. of 3-19-51, § 2)

•cro88 references-Administration, Ch. 2; police protection at polls, § 7-9; miscellaneous offenses and provisions, Ch. 12; streets, sidewalks and other public places, Ch. 16; traffic and motor vehicles, Ch. 19.


Chapter 15

RAILROADS*

Sec. 15-1. Obstruction of intersections.

It shall be unlawful for any engineer, conductor or other person who has charge or command of a passenger train, freight train, special train, motor car, hand car or car otherwise propelled on tracks or rails in the city to permit such train or car to blockade or obstruct passage across such tracks or rails at the recognized street crossings at any time for a greater period of time than ten (10) minutes. (Ord. of 8-7-72, § 1)

State law reference-Blocking highway crossing for unreasonable period prohibited, F.S. § 351.032.

Sec. 15-2. Speed.

It shall be unlawful for any person to run, drive, propel, or cause to be run, driven or propelled a train or hand car or otherwise over tracks or rails within the city limits at a speed greater than twenty-five (25) miles per hour.

*Cross references-Streets, sidewalks and other public places, Ch. 16; traffic and motor vehicles, Ch. 19.

State law reference-Duties of railroads in operating trains, F.S. Ch. 351.


Chapter 16

STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

Sec. 16-1. Costs of improvement projects to be borne by the property owners; petition by property owners and approval by city council.

(a) In improvement projects of this city, which will pave,. surface, repave, resurface, regrade, widen or otherwise repave or improve existing streets, roads, avenues, alleys or other public ways, causing curbs and gutters to be constructed, sidewalks and sanitary sewers, storm sewers and drains laid and constructed, the policy of the city council may be to finance the same only by such method wherein one-third of the cost thereof shall be borne by the adjacent, abutting and benefited real properties, and that the same may be on special assessment should it be necessary to effectuate this policy.

(b) No project shall be undertaken until a petition has been filed before the city council by fifty-one (51) per cent of the owners of the real property to be affected. The petition shall be approved by the city council before the project begins. (Ord. of 8-1-66, §§ 1, 2)

Sec. 16-2. Approval of manager required for certain construction over pipe lines; failure to comply.

(a) Any person or business entity desiring to construct any sidewalk, curbing or related structure within the municipal limits of the city, contiguous to or above any existing water main, gas main, sewage line or other similar underground structure or pipe shall be required to present

*Cross references-Posting on public property, § 3-1; distribution of handbills restricted in public places, § 3-18; livestock running at large prohibited, § 5-3; dogs running at large prohibited, § 5-17; buildings and building regulations, Ch. 6; parades, Ch. 12, Art. III; police generally, Ch. 14; railroads generally, Ch. 15; subdivisions, Ch. 17; traffic and motor vehicles, Ch. 19; utilities, Ch. 20; zoning ordinance, App. A; ordinances saved from repeal, App. B.

1111

- -----------

§ 16-2 JASPER CODE

the plan for the proposed construction to the city manager and obtain his approval of the same prior to beginning such construction.

(b) Any person or business entity failing to comply with the provisions of subsection (a) shall be liable for all costs occasioned by their failure to so comply, including but not limited to all costs incurred in the repair, replacement or relocation of any water main, gas main, sewage line or other similar underground structure or pipe, resulting from the construction of any such sidewalks, curbing or other related structure. (Ord. of 10-13-75, §§ I, II)

Sec. 16-3. Permission for excavations required.

No person shall, without first obtaining permission of the city council, dig up pavement, cut ditches or in any way obstruct, mar or deface any of the streets of the city. (Ord. of 4-4-50, § 2)


Chapter 17

SUBDIVISIONS*

Sec. 17-1. Purpose and intent.

Land subdivision is the first step in community development. Once land has been subdivided into streets, lots and blocks and publicly recorded, the correction of defects is costly and difficult. Subdivided land sooner or later becomes a public responsibility, in that roads must be maintained and various municipal services must be provided. The welfare of the entire municipality is directly affected by subdivision. It is in the interest of all taxpayers and citizens, the developer, and future residents that subdivisions be conceived, designed and developed in accordance with sound practice and appropriate standards.

The intent and purpose of these regulations is to curb all other than harmonious development of the municipality; to secure a coordinated layout and adequate provision for traffic; to secure adequate provision for light, air, recreation, transportation, potable water, flood prevention, drainage, sewers, other sanitary facilities, and county services; to provide regular and orderly procedures for the uniform and expeditious processing of subdivision plats by the proper agencies and officials; to insure subdivision design that will encourage the creation of healthful living environments; and to provide proper land records for the convenience of the public and for better identification and permanent location of real estate boundaries.

It is intended that this chapter shall be liberally construed to accomplish its stated purposes.


The following words and phrases, when used in this chapter, shall have the meanings respectively described to them:

*Cross references-Buildings and building regulations, Ch. 6; streets, sidewalks and other public places, Ch. 16; utilities generally, Ch. 20; zoning ordinance, App. A.

State law reference-Maps and plats, F.S. ~ 177.01 l et seq.

1163

§ 17-2 JASPER CODE

Cul-de-sac shall be construed to mean a minor street having an open end and being terminated at the other by a vehicular turnaround.

Devel,oper refers to the person or his authorized agent proposing to divide or subdivide land in the city.

Devel,oper's engineer refers to a professional engineer, registered in the state engaged by the developer to prepare engineering plans and to supervise construction.

Plat shall be deemed to mean a map depicting the division or subdivision of lands into lots, blocks, parcels, tracts or other portions thereof, however the same may be designated.

Subdivide means to divide land by conveyance or improvement into lots, blocks, parcels, tracts or other portions.

Subdivision is either:

(1) The division of land into three (3) or more lots, sites or parcels of five (5) acres or less per lot, exclusive of easements for roads or streets;

(2) The division of land into lots, sites or parcels of five (5) acres or less per lot, exclusive of easements for roads or streets and where such division provides for the establishment or extension of streets, alleys or other means of ingress or egress;

(3) Establishment or dedication of a road, street or alley through a tract of land regardless of area;

(4) Resubdivision of land heretofore divided or platted into lots; provided, however, that the sale or exchange of lots to or between adjoining property owners, where such sale or exchange does not create additional lots, shall not be considered a subdivision of land.

Surveyor refers to a land surveyor registered in the state and engaged by the developer to survey and plat the land for subdivision and resubdivision.

1164

SUBDIVISIONS § 17-4

Sec. 17-3. Recording.

No plat of a subdivision of land lying inside the limits of the city shall be recorded either as an independent instrument or by attachment to another instrument entitled to record unless and until it shall first be approved by the council. Such approval shall not be construed to require the council to construct or maintain the roads, streets, alleys or other rights-of-way which may be shown on the plat.

Sec. 17-4. Requirement of plat.

No plat shall be recorded unless it shows the following:

(1) The boundary lines of the area being subdivided with distance and bearings and the legal description of the property;

(2) The lines of all proposed streets with their widths and names;

(3) The outline of any portions of the property intended to be dedicated for public use, such as for schools, parks, or other public use;

(4) The lines of adjoining streets with their widths and names;

(5) All lot lines together with the identification system for all lots ar:..i blocks (The lot numbers within a subdivision shall be assigned counterclockwise from the northeast corner and shall follow in a logical numerical order within a particular block);

(6) The location of all setback lines and easements provided for public use, service, utilities or drainage;

(7) All dimensions, both linear and angular, for locating the boundaries of the subdivision, lots, streets, easements, and any other areas for public use or private use (Linear dimensions are to be given to the nearest 1/100 of a foot. Closure boundaries of subdivisions shall be checked and they shall close within 1:10,000. The closure shall be shown on the plat);

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§ 17-4 JASPER CODE

(8) The radii, arcs, chords, chord bearings, points of tangency and central angles for curved street and rounded block comers;

(9) The location of all survey monuments and bench marks with their descriptions;

(10) The name of the subdivision, the scale of the plat, points of the compass and the name of owner or owners of the subdivision;

(11) The certificate of the surveyor as to the correct representation of the plat;

(12) Private restrictions and trusteeships and their period of existence;

(13) A dedication to the public by the owners of lands involved, of all roads, streets, alleys and other rights-of-way, however designated, shown on the plat, for perpetual use of public road and street purposes and other purposes incidental thereto (The effect of the dedication shall be to vest in the public body having control and jurisdiction of the roads, streets, alleys and other rights-of-way, and its successors, full, complete and exclusive possession and control of the same and of all installations therein for the full width thereof as shown on the plat. It is specifically provided, however, that such owner or owners may, as an appurtenance to the lands and not for themselves individually, reserve the reversion or reversions thereof when the roads, streets, alleys, and other rights-of-way shall be discontinued by law.

Sec. 1 7-5. Taxes.

Before any plat shall be recorded, all payable taxes on the land shall be paid, all tax sales against the land shall be redeemed and sufficient assurance shall be made to the city council that the taxes against the land for the current year will be paid.


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Sec. 17-6. Replatting.

Nothing contained in this chapter shall be deemed to prevent a replatting of platted lands and the recording of a plat thereof, if the same be accomplished in accordance with this chapter, and the laws of the state.

Sec. 17-7. Lands subject to flooding.

No plat of lands subject to periodic or frequent flooding shall be approved except in those cases where such protective restrictions as may be required by the council are provided and are referred to on the plat.

Sec. 17-8. Proposed grades.

No plat of lands shall be approved unless the person seeking the approval of the plat shall submit to the council in such form as the council shall require the proposed finish grades of all roads, streets, alleys and other rights-of-way, however designated, and the proposed elevations of the several portions of the lands depicted on the plat and the proposed facilities for street and land drainage and furnish to the council a good and sufficient bond conditioned upon the completion of the drainage facilities and the grading and filling of the lands and all roads, streets, alleys and other rights-of-way shown on the plat, however designated, to the elevations and finish grades as proposed, within such time or times as may be required by the council and the erection of permanent markers identifying the roads, streets, and alleys by name and block number at such places and in such manner as the council shall prescribe, and the cou.ncil shall approve the proposed grades and elevations, drainage facilities and bond. The council may waive any part or all of the section by express provision in the resolution approving the plat.

Sec. 17-9. Preliminary engineering plans.

Prior to or concurrently with submission of the plat to the council, the developer shall submit three (3) prints of the plat and two (2) prints of preliminary engineering plans which show the following detail:

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§ 17-9 JASPER CODE

(1) The location of present property and section lines, boundaries of incorporated areas, streets, buildings, lakes and watercourses;

(2) Any existing sanitary or storm sewers, water mains and culverts within the tract or adjacent thereto;

(3) The proposed location and width of streets, lots, setback lines, easements and typical street cross-sections showing proposed pavements, wearing surfaces, curbs, shoulders, etc.;

(4) The title under which the proposed subdivision is to be recorded and the name of the developer platting the tract;

(5) The names and adjoining boundaries of all adjoining subdivisions and the names of recorded owners of adjoining parcels of unsubdivided land;

(6) North point, scale and date;

(7) Contours of the land on two (2) foot intervals or less on United States Geological Survey Datum and an area outside of the boundaries that will show the final disposition of all surface drainage;

(8) A location (key) map shall show the relation of the proposed subdivision to existing community facilities, main traffic arteries, etc.;

(9) Subsurface conditions of the tract stating depth of the ground water table unless test pits are dry at a depth of three (3) feet, the results of soil percolation tests, and soil profile to show hard pan, muck, clay strata, etc.;

(10) A written statement regarding proposed grades of streets and the facilities for surface water drainage.

When the developer receives a signed and approved copy of the preliminary engineering plans from the council, the developer is authorized to proceed with the preparation of final engineering plans and specifications; except that, at

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the developer's risk, the developer may waive the submission of preliminary engineering plans and proceed with final engineering plans.

The final O engineering plans shall be submitted to the council in triplicate on black and white or blue line prints drawn at a scale of not more than fifty (50) feet to the inch on sheets twenty-four (24) inches by thirty-six (36) inches in size. If more than two (2) sheets are required, the title sheet shall show the entire subdivision on one sheet and the various areas on other sheets. The final plans shall be signed by the developer's engineer. The council will then review the plans and specifications and, if the plans are in accordance with these regulations, will return one signed and approved set of plans to the developer. No capital improvements in the subdivision may be commenced until the council has approved the final engineering plans.

Sec. 17-10. Approval of capital improvements.

Upon receipt of the council's approval of the final engineering plans, the developer may start construction of the capital improvements. However, final approval of the plat by the council shall be withheld until:

(1) The capital improvements listed in the following sections have been installed prior to such approval; or,

(2) The developer shall file with the council a surety bond to secure the construction of the capital improvements listed in the following sections in a satisfactory manner and within a period specified by the council, such period not to exceed twelve (12) months. The bond must be in an amount at least equal to the cost of constructing the improvements as estimated by the developer's engineer and approved by the city engineer, and in a form that will be approved by the city attorney.

Sec. 17-11. Existing streets.

The arrangement of streets in new subdivisions shall make provisions for the continuation of the principal

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existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary by the council for public requirement. The street arrangement shall be such as not to cause hardships to owners of adjoining property when they plat their own land and seek to provide convenient access to it. Offset streets shall be avoided and the angle of intersection between streets shall not vary by more than ten (10) degrees from a right angle. Streets obviously in alignment with existing streets shall bear the names of existing streets.

Sec. 17-12. Acceptance by city for maintenance.

(a) Prior to acceptance by the city, the developer shall furnish a certificate prepared by his engineer to the effect that all improvements have been completed in accordance with the approved plans and specifications.

(b) Where the developer elects to post a bond insuring that the work will be completed in a stated period of time, the certificate required in subsection (a) shall be submitted to the council at the time of completion of construction.

(c) Upon completion of the work covered by the plans and unilateral agreement, the developer shall notify the council in writing. Upon receipt of notification, the council will make an initial inspection of the construction work. If all work is found to be satisfactorily completed, then the council, after a period of ninety (90) days from the time of initial inspection, will make a final inspection. If the work is found satisfactory or if all deficiencies are repaired or corrected, then the council, for the city, will accept such improvements for maintenance. If the work is not found to be satisfactory. the council will not accept such work for maintenance and will make another final inspection after a second period of ninety (90) days. This procedure will be continued until the work is found to be satisfactory and all deficiencies repaired or corrected.

Sec. 1 7-13. Easements.

Easement requirements in subdivisions shall be as follows:

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(1) Easements at least seven and one-half (7½) feet in width shall be provided on each side of all back lot lines, and five (5) feet in width on each side of side lot lines where necessary for poles, wires, conduits, sewers, gas, water or drainage swales. Easements of greater width may be required along or across lots where necessary for proper drainage of street rightsof-way.

(2) Whenever any stream or important surface drainage course is located in any area being subdivided, the subdivider shall provide an adequate easement along the stream for sanitary sewer installations and for the purpose of widening,' deepening, improving or for drainage use.

Sec. 17-14. Block dimensions.

Block dimensions shall be as follows:

(1) No block shall be longer than six hundred (600) feet unless good reason exists for exception. Where blocks are made longer than six hundred (600) feet in length, a crosswalk ten {10) feet in width shall be required near the center of the block.

(2) All lots shall abut a dedicated street or court.

(3) Where a tract of land is of such size and location as to prevent a lot arrangement related to a normal street design, there may be established courts, dead-end streets, or cul-de-sacs, provided, however, that all lots shall abut a dedicated street or court.

Sec. 17-15. Street widths.

Street widths in subdivisions shall be as follows:

(1) Type 1 streets:

(a) As a minimum requirement for Type 1 streets, sidewalks and public utilities, the plat shall dedicate a minimum width of sixty (60) feet.

(b) Dead-end streets and/or cul-de-sacs (streets that terminate within a subdivision other than at

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boundary lines) may have a minimum width of fifty (50) feet and shall terminate in a turnaround with a minimum radius of fifty (50) feet.

(c) The council may, after proper study, require street widths in excess of sixty (60) feet if engineering traffic surveys indicate present or anticipated future traffic densities justify a street of greater width.

(2) Type 2 streets:

(a) Type 2 streets may be platted where the lot sizes are greater than seventy-five hundred (7500) square feet in area. '

(b) As a minimum requirement for Type 2 streets, sidewalks and public utilities, the plat shall dedicate a minimum width of eighty (80) feet.

(c) Where streets parallel and adjoin section and half-section lines adjoining unsubdivided property, a half-street fifty (50) feet in width shall be dedicated, and whenever subdivision property adjoins a half-street or a section or half-section line, the remainder of a one hundred (100) foot right-of-way shall be dedicated.

(d) Street right-of-way shall be designated to a width of fifty (50) feet on each side of section and half-section lines, and all other streets designated to have one hundred (100) foot rights-of-way on the proposed street plan as set forth by the council. No structure shall be placed within seventy-five (75) feet of section and half-section lines and no utility system shall be placed within forty-three and one-half (43½) feet of the abovementioned lines.

(e) The council may, after proper study and due consideration, reduce the right-of-way on certain half-section lines to a width of eighty (80) feet. In the event a reduction to eighty (80) feet is allowed, the setback on the half-section line will be sixty-five (65) feet.

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(3) Type 3 streets:

(a) Type 3 streets may be platted where the lot sizes are greater than one acre in size.

(b) The minimum street widths for Type 3 streets are identical to those for Type 2 streets.

(4) Alleys: Alleys are not recommended in a residential district.

Sec. 17-16. Capital improvement requirements.

The following are the minimum requirements for capital improvements required for the subdivision of land:

(a) General: All such improvements shall comply with the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition and amendments, and as further restricted by this chapter.

(b) Streets: ·

(1) General street improvements:

a. All streets and public ways shall be cleared and graded to their full width of right-ofway, including side slopes, and to the appropriate grade, and shall be surfaced in accordance with the applicable standard specifications of the Florida Department of Transportation.

b. If required to prevent erosion or excessive washing of the shoulders, protective measures shall be taken as required by the city.

c. Pavement base shall be constructed of Florida limerock having a minimum thickness of six (6) inches.

d. Pavement bases shall have a surface wearing course of asphaltic concrete, one and onequarter (1 ¼) inch minimum thickness.

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e. Subgrades shall be compacted or stablized and compacted as necessary to obtain a California Bearing Ratio of 45 after soaking.

f. Underdrains shall be constructed parallel to and along both sides of the paved surface wherever required to prevent the free ground water table from rising within twelve (12) inches of the bottom of the base material.

g. Where soils classified as AASHO soil groups A-6, A-7, or A-8 are encountered in the subgrade, such materials shall be removed to a minimum depth of eighteen (18) inches below the base and replaced with acceptable material.

h. Where curb and gutter is installed, the standard concrete section twelve (12) inches high by twenty-four (24) inches wide shall be installed.

i. Curb cuts for turnouts shall be made only by the county road department and after due notification of request by the developer.

j. Concrete turnouts, where required, shall be constructed by the developer before the house is completed and before the lot or house is sold.

k. The developer shall retain a reputable recognized commercial laboratory who shall certify to the council that all materials entering into the completed work are in accordance with this chapter.

I. Concrete sidewalks will not be required in residential areas, unless, in the opinion of the council after study, pedestrian traffic will justify the installation of sidewalks as a safety precaution.

(2) Type 1 streets:

a. Paving and curb and gutter shall be constructed. The minimum width shall be twenty-

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eight (28) feet back-to-back of curb. A greater pavement width may be required by the council where, after proper study, it is found that unusual traffic loads will occur.

b. Pavement radii at intersections shall be a minimum of twenty-five (25) feet.

(3) Type 2 streets:

a. Curb and gutter may be deleted and a paved highway section shall then be constructed. The minimum width of the pavement shall be twenty-two (22) feet. A greater pavement width may be required by the council where, after proper study, it is found that unusual traffic loads will occur.

b. Pavement radii at intersections shall be a minimum of fifty (50) feet.

(4) Type 3 streets: Curb and gutter and pavement may be deleted and a stabilized highway section shall then be constructed. The right-of-way shall be a minimum of fifty (50) feet. The minimum width of the stabilized surface shall be twenty (20) feet, and the surface shall be stabilized with not less than three (3) inches of Florida Limerock.

(5) Cul-de-sacs and dead-end streets: There shall be a minimum right-of-way width of fifty (50) feet and such streets shall terminate in a turnaround with a minimum radius of fifty (50) feet. Cul-de-sacs and dead-end streets not exceeding seven hundred (700) feet in tength where not a part of a subdivision or plat may be stabilized by the city to such widths as it deems advisable.

(c) Drainage requirements:

(1) All drainage pipe shall have adequate capacity to carry the runoff resulting from rainfall.

(2) All drainage facilities shall be designed for a positive outfall to an existing storm sewer system,

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§17-16

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JASPER CODE

lakes, canals, rivers, streams or previously constructed county or state road ditches. If the added runoff from the developed area overtaxes the existing road or outfall ditches, then the developer shall include in his plans sufficient work to enlarge the present facilities to care for the added drainage imposed on the system.

(3) Where storm sewers are provided, the maximum overland flow shall be four hundred (400) feet. Minimum grade for curb and gutter shall be three tenths (0.3) per cent; however, five tenths (0.5) per cent shall be held insofar as practical.

(4) All drainage pipe shall be asphalt coated corrugated metal pipe, plain or reinforced concrete pipe, plain or extra strength vitrified clay pipe. Minimum pipe size shall be eighteen (18) inches in diameter.

(5) All plans shall show, in addition to contours, the outlines and sizes in acres of drainage areas at the various points of concentration.

(6) All inlet grades shall be cast iron or steel with minimum size of two (2) square feet net open area.

(d) Water supply system:

(1) Where an approved public water supply is reasonably accessible or procurable, each lot within the subdivision shall be provided with a connection to such water supply. The water service for each lot will be installed at the developer's expense at the time of the application for a building permit. All mains constructed beneath paving will be constructed prior to the paving installation. The developer will pay for the installation of fire hydrants in all subdivisions where a public water supply is available.

(2) Where no approved public water supply is reasonably accessible, the developer shall be responsible for the payment of all costs involved

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in the continuation of the existing approved public water supply to the area to be served. The rules and regulations of the Florida Department of Health and Rehabilitative Services shall gov_ern the installation of the continuation.

(e) Sanitary sewer system:

(1) Where an adequate sanitary sewer is reasonably accessible, each lot in the subdivided area shall be provided at the developer's expense with a connection to such sanitary sewer. All connections and the subdivision sewer system shall comply with the regulations of the Florida Department of Health and Rehabilitative Services.

(2) Where an adequate sanitary sewer is not reasonably accessible, the developer shall be responsible for the payment of all costs involved in the continuation of the existing sanitary sewer to the area to be served if the council determines that the existing sanitary sewage plant is of a capacity sufficient to serve the entire subdivision and all contemplated additions. If the council determines that the existing sanitary sewage plant is not a capacity sufficient to serve the entire subdivision and all contemplated additions, then the developer shall install and operate a sewage collection and treatment system of a capacity sufficient to serve the entire subdivision and all contemplated additions. All such systems shall be constructed in accordance with the regulations and requirements of and approval of the Florida Department of Health and Rehabilitative Services. The developer must furnish written proof to the council to the effect that provisions for sanitary sewage disposal of the entire subdivision meet with the approval of the county health department and the Florida Department of Health and Rehabilitative Services. No construction is to begin until this condition has been met.

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(f) Inspection of work:

(1) The city may have an inspector on the project when deemed necessary during the construction period and said inspector shall be authorized to enforce the construction of said work in accordance with the approved plans and specifications. If any changes are required in the approved plans or specifications, during the period of construction, such changes must first be approved, in writing, by the council or its authorized representative so that subdivision files will be complete.

(2) The developer shall have available a qualified engineer or surveyor for the purpose of setting all line and grade stakes when required by the contractor or inspector.

(3) The engineer shall furnish the council with a written construction schedule at intervals of at least once per month. The schedule shall show the construction work to be accomplished during the period covered by the schedule.

Sec. 17-17. Variances.

Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that strict application of the requirements contained in these regulations would result in real difficulties, or substantial hardships or injustice, the council may vary or modify such requirements so that the developer may develop his property in a reasonable manner, but so that, at the same time, the public welfare and interest of the city and surrounding area are protected and the general intent and spirit of these regulations preserved as far as practical.

Sec. 17-18. Enforcement provisions.

(a) The clerk of the circuit court will not record any instrument showing a subdivision of land that does not bear

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..


the approval of the county health department, and the city attorney, the city, and the board of county commissioners, and the county attorney.

(b) The council will not knowingly permit any money to be expended for improvements in any area that has been subdivided, or upon any street that has been platted after the date of the adoption of this chapter unless such subdivision or street has been approved in accordance with the provisions contained in this chapter.

Sec. 17-19. Costs.

The developer shall pay all costs involved and expenses incurred by the council in determining that the provisions of this chapter have been complied with. The payment of same shall be due upon receipt by the developer of a voucher from the city showing the cost or expense incurred, and failure to make payment shall constitute a lien upon the property sought to be developed. An alternative method of payment of same may be made by the developer posting a bond guaranteed by two (2) good and sufficient sureties, as determined by the council, in the amount of twenty-five hundred dollars ($2,500.00) insuring that the cost and expenses incurred by the city will be paid up to that amount. The council may require the posting of an additional bond when the cost and expenses incurred exceed two thousand dollars ($2,000.00).


Chapter 18

TAXATION•

Art. I. In General,§§ 18-1-18-15 Art. II. Public Service Tax, §§ 18-16-18-19



ARTICLE II. PUBLIC SERVICE TAXt

Sec. 18-16. Imposition.

There is hereby imposed and levied by the city a tax upon each and every purchase of electricity, electric current, metered or bottled gas, natural gas, liquefied petroleum gas, manufactured gas, and telephone service within the city in an amount equal to ten (10) per cent of each purchase and sale made and each payment received by the seller of such utility service or commodity, provided that the maximum tax on each such purchase and sale shall not exceed the sum of ten dollars ($10.00) per month from each consumer of such utility service or commodity and which tax shall be paid by and collected from the purchaser of such service or commodity to the seller thereof for the use of the city at the time of paying the regular charge therefor, but not less often than monthly. (Ord. of 9-27-65, § 1)

*Charter references-Budget, art. V; assessment and collection of taxes, art. XII.

Cross references-Cost of demolition or repair of dangerous buildings collected as regular city taxes, § 6-102; cost of nuisance abatement to be collected as regular city taxes, § 10-24; licenses taxes, § 11-5; taxes to be paid prior to recording of plat,§ 17-5.

State law references-Municipal finance and taxation, F.S. § 166.201 et seq.; taxation and finance generally, F.S. Ch. 192 et seq.; municipal assessment rolls, F.S. § 193.116.

tCross reference-Utilities generally, Ch. 20. State law reference-Authority of municipalities to levy public service

taxes, F.S. § 166.231.

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Sec. 18-17. Collection by utility.

It shall be the duty of every seller of electricity, electric current, metered or bottled gas, natural gas, liquefied petroleum gas, manufactured gas and telephone service within the city to collect from the purchaser for the use of the city, the tax hereby levied and imposed at the time of collecting the selling price of such service and/ or commodity, and to report and pay over, on or before the twentieth day of each calendar month, unto the city, all such taxes levied and collected during the preceding month. It shall be unlawful for any such seller to collect for any such service or commodity without at the same time collecting the tax hereby levied and imposed, unless such seller shall elect to assume and pay such tax without collecting the same from the purchaser. Any seller failing to collect such tax at the time of collecting for any such service or commodity, where the seller has not elected to assume and pay such tax, shall be liable to the city for the amount of such tax; provided, however, that the seller shall not be liable for such payment upon uncollected bills therefor. If any purchaser shall fail, neglect or refuse to pay for any such service, including the tax hereby levied and imposed, the seller shall have the right and is hereby authorized and empowered to immediately discontinue further service to such purchaser until the same is paid in full. (Ord. of 9-27-65, § 2)

Sec. 18-18. Keeping of records; open for inspection by city.

Each and every seller of the services or commodities upon which a tax is levied and imposed under this article shall keep complete records showing all sales in the city of such services or commodities, which records shall show the price charged upon each sale, the date thereof and the periods covered by such service or sale and the date and amount of payment, and the amount of tax collected, and such records shall be kept open for inspection by the duly authorized agents and representatives of the city during business hours on all business days, and the duly authorized agents and representatives of the city shall have the right, power and

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TAXATION § 18-19

authority to make any transcripts thereof during such times as they may desire. (Ord. of 9-27-65, § 3)

Sec. 18-19. Exempt entities.

All federal, state, county and municipal governments and their commissions and agencies, and all public schools shall be exempt from the payment of the taxes levied and imposed under this article. (Ord. of 9-27-65, § 4)


Chapter 19

TRAFFIC AND MOTOR VEHICLES*

Sec. 19-1. Adoption of State Uniform Traffic Control Law.

There is hereby adopted by reference the State Uniform Traffic Control Law contained in F.S. Ch. 316.

•Cross references-Placing handbills on vehicles prohibited, § 3-19; advertising vehicles, Ch. 3, Art. III; police generally, Ch. 14; railroads generally, Ch. 15; streets, sidewalks and other public places, Ch. 16.


Chapter 20

UTILITIES*

Art. I. In General,§§ 20-1-20-15 Art. II. Water and Sewer,§§ 20-16-20-32 Art. III. Natural Gas Service, §§ 20-33-20-36



ARTICLE II. WATER AND SEWERt

Sec. 20-16. Permission required to tap water mains, fire plugs.

(a) No person shall, without the supervision of the city water engineer, tap, connect with, or cut into any water main or line being a part of the water system of the city.

(b) No person shall, without the permission and supervision of the city water engineer, tap any of the fire plugs of the city for the purpose of securing water for private use. (Ord. of 4-4-50, §§ 1, 3)

Sec. 20-17. Proper disposal of waste.

(a) Every residence and building in which human beings reside, are employed or congregated, shall be required to have a sanitary method of disposing of human excreta, namely either a sanitary water closet that is connected with the city sewer, or an approved type of septic tank or a sanitary privy.

*Cross references-Buildings and building regulations, Ch. 6; garbage and refuse, Ch. 9; health and sanitation generally, Ch. 10; streets, sidewalks and other public places, Ch. 16; subdivisions, Ch. 17; public service tax, Ch. 18, Art. II; ordinances saved from repeal, App. B.

tCross reference-Plumbing code, Ch. 6, Art. IV.

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(b) It shall be unlawful to dispose of any human excreta within the corporate limits of the city except in a sanitary water closet or a sanitary privy.

(c) No septic tank other than those approved by the state board of health shall be constructed within the corporate limits of the city. (Ord. of 4-6-42, §§ 1-3)

Sec. 20-18. Connections required.

(a) All lands, buildings and structures that are located in the city and which are occupied as dwellings, businesses or other uses are hereby required to have water service furnished by the city waterworks system where such lands, dwellings, businesses or other structures are fronting or abutting on streets, alleys or other places where such water service is located and available, except in such cases where such dwellings, businesses or other structures are adequately served by privately owned water systems that meet the requirements of sanitation as may be provided by ordinance or by the state law and the rules and regulations of the state board of health.

(b) All lands, buildings and structures that are located in the city and which are occupied as dwellings, businesses or other uses are hereby required to have sewer service connected therewith and such connections shall be made to the city sewage system where such lands, dwellings, businesses or other structures are fronting or abutting on streets, alleys or other places where such sewer service is located and available, and such properties and the owners or occupants thereof shall cease to use all other means and methods for the collection, purification, treatment or disposal of sewage and water waste including human waste. (Ord. of 2-28-72, §§ 1, 2)

Sec. 20-19. Connection charges; deposit.

(a) There is hereby fixed and determined the following charges for the making of any water connection to any property by the city for the purpose of furnishing water services, for the connections of various sizes of water connections to the meter mains of the city:

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UTILITIES § 20-20

Three-fourths inch connection the charge shall be the sum of. . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00

One inch connection the charge shall be the sum of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225.00

One and one-fourth inch connection the charge shall be the sum of . . . . . . . . . . . . . . . . . 250.00

One and one-half inch connection the charge shall be the sum of. . . . . . . . . . . . . . . . . . . . . . . . . 400.00

Two inch connection the charge shall be the sum of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520.00

(b) No sewer connection shall be made until the sewage facilities to which connection is desired to be made is first inspected by the designated city employee and the proposed connection and facilities are approved by such employee and a connection fee of two hundred and fifty dollars ($250.00) within the city limits and three hundred and fifty dollars ($350.00) outside the city limits shall be charged and paid before such connection is made.

(c) In addition to the connection charges there shall be required to be deposited by each customer the following cash deposits at the time the connection is made:

Domestic connections the sum of the deposit shall be .............................................. $ 20.00

Commercial connections the sum of the deposit shall be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00

(Ord. of 2-28-72, §§ 5, 6; Ord. of 2-2-73, § 1)

Sec. 20-20. Rates for service.

(a) There is hereby fixed, charged, levied and assessed for the furnishing of water services by the city the following schedule of charges:

(1) For domestic service and for home and domestic use:

a. For family residences of not more than one family:

Not over 4,000 gallons a minimum charge of$ 3.75

All over 4,000 gallons a charge of $0.85 per 1,000 gallons.

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b. For multiple family residences or trailers utilizing water from another meter, a minimum of $3.75 per unit or family shall be charged.

(2) For commercial and industrial use:

Not over 4,000 gallons a minimum charge of .. $ 4.50

All over 4,000 gallons a charge of $0.85 per 1,000 gallons

(b) There is hereby fixed, charged, levied and assessed for the furnishing of sewage service by the city, the following rates and charges:

(1) For family residences of not more than one family the sum of $4.00 per month;

(2) For multiple family residences the sum of $5.00 per month;

(3) For business or commercial buildings with three (3) or less outlets the sum of $5.00 per month; for businesses or commercial buildings with more than three (3) and not more than twelve (12) outlets, the sum of $9.50 per month; for businesses or commercial buildings with more than twelve (12) outlets, the sum of $12.00 per month, which charges shall be due and payable monthly in advance by the occupants of such properties.

(c) Under the provisions of this article, hotels, motels, schools and public buildings shall be classed as commercial buildings. (Ord. of 2-28-72, §§ 3, 4, 7)

Sec. 20-21. Billing; delinquency; discontinuance of service.

All charges fixed and made by this article shall be due and payable at the end of each month and shall be billed by the city to the customer as one bill or charge .. md shall be due and payable as one bill or charge and shall not be divisible among the different items appearing on the bill or statement and shall be and become delinquent, if not paid, on the tenth day of the month following the month in which

1384

UTILITIES § 20-35

the service was rendered and if not paid on or before such delinquent date then the service shall be discontinued and if the service is reinstituted after it has been discontinued a charge for such recontinuation in the sum of ten dollars ($10.00) shall be made by the city and paid by the customer before such recontinuation shall be made. If circumstances warrant or require the removal of the meter due to nonpayment, the reconnection charge will be twenty dollars ($20.00). The charge for the sewer service and the charge for the water service shall be considered as one charge and service may be discontinued on both services for the nonpayment of the charge for either service. (Ord. of 2-28-72, § 8)


ARTICLE III. NATURAL GAS SERVICE*

Sec. 20-33. Connection approval.

No natural gas connection shall be made until the natural gas facilities to which a connection is desired to be made is first inspected by the designated city employee and the proposed connection and facilities are approved by such employee and a permit therefor secured from the building inspector upon recommendation of the natural gas superintendent or other appropriate employee who has been authorized by the city to make such inspection. (Ord. of 9-5-72, § 2)

Sec. 20-34. Free service prohibited.

All natural gas service will be metered and no free service will be available. (Ord. of 9-5-72, § 3)

Sec. 20-35. Rates and charges.

There is hereby fixed, charged, levied and assessed for the furnishing of natural gas services by the city the following rates and charges:

*Cross reference-Gas code, Ch. 6, Art. V.

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Inside City

500 cubic fee per month or less, mm1mum (Residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4. 75

500 cubic feet per month or less, minimum (Commerical) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.90

Deposit: The city shall require a $40.00 deposit prior to commencing service.

Tap Fee: The city shall require a $175.00 tap fee prior to the installation of a meter and regulator at any location that has not previously received gas service from the city.

Outside City

500 cubic feet per month or less, mm1mum (Residential) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.90

500 cubic feet per month or less, minimum (Commerical) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50

$3.30 per thousand over the minimum

Cutoff Fees

Inside city limits .................................. $ 10.00

Outside city limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

Sec. 20-36. Billing; delinquency; discontinuance of service.

All charges fixed and made by this article shall be due and payable at the end of each month and shall be billed by the city to the customer with and as a part of other city furnished utilities as one bill or charge and shall be due and payable as one bill or charge and shall not be divisible among the different items appearing on the bill or statement and shall be and become delinquent, if not paid, on the tenth day of the month following the month in which the service was rendered and if not paid on or before such delinquent date then the service will be discontinued, and if the service is reinstituted after it has been discontinued, a charge for such continuation in the sum of ten dollars

1386

UTILITIES § 20-36

($10.00) shall be made by the city and paid by the customer before such continuation shall be made. The charge for water service, sewage service, and natural gas service shall be considered as one charge and service may be discon• tinued on all services for the nonpayment of the charge for either service. (Ord. of 9-5•72, § 5)


APPENDIX A

COMPREHENSIVE ZONING ORDINANCE*

AN ORDINANCE OF THE CITY OF JASPER, FLORIDA, REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, AND SIZE OF BUILDING: THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES: THE DENSITY OF POPULATION: THE LOCATION AND USE OF BUILDINGS AND LAND FOR TRADE: INDUSTRY AND RESIDENCES OR OTHER PURPOSES: CREATING DISTRICTS FOR SAID PURPOSES AND ESTABLISHING THE BOUNDARIES OF SUCH DISTRICTS: DEFINING CERTAIN TERMS USED HEREIN: PROVIDING FOR ENFORCEMENT, ESTABLISHING A BOARD OF ADJUSTMENT, AND IMPOSING PENALTIES AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.

WHEREAS, by the provisions of the City Charter of the City of Jasper, Florida, adopted April 23, 1957, authority is conferred upon the City of Jasper, Florida, to establish districts or zones within its corporate limits for the purpose of regulating the use of land and buildings, the height of buildings and the size of open space surrounding buildings, and

WHEREAS, the City Council of the City of Jasper, Florida, deems it necessary in order to lessen congestion in the streets; to secure safety from fire panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land, to avoid undue concentration of

•Editor's note-Printed herein is the zoning ordinance of the city adopted on September 29, 1960. Amendments have been worked in and are indicated by history notes following the amended section.

Charter reference-Planning and zoning, art. IX. Cross references-Location of alcoholic beverage licensees restricted

when near schools or churches, § 4-3; buildings and building regulations, Ch. 6; streets, sidewalks and other public places, Ch. 16; subdivisions, Ch. 17; ordinances saved from repeal, App. B.

State law reference-Procedure for adopting a zoning ordinance, F.S. § 163.205 et seq.

1437

JASPER CODE

population; to facilitate the adequate provisions of transpor• tation, water, sewerage, schools, parks and other public requirements and otherwise to promote the public safety, health, convenience and general welfare in accordance with a comprehensive plan.

WHEREAS, there is rapid expansion and growth occurring in the City of Jasper and new streets are being constructed and are to be soon constructed, all of which makes the need for a proper zoning ordinance immediate and imperative.

The Council of the City of Jasper Hereby Ordains:

Section I. Short title.

This ordinance shall be known as the "Comprehensive Zoning Ordinance" and the map herein referred to, which is identified by the title "Comprehensive Zoning Map, City of Jasper, Florida," shall be known as the "Comprehensive Zoning Map."

Section II. Definitions.

For the purpose of this ordinance certain terms and words are herein defined as follows:

Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory.

Accessory building or use: A subordinate building or portion of the main building not more than two (2) stories in height, the use of which is incident to that of the principal building on the same building lot.

Alley: A required public thoroughfare which affords only a seconday means of access to abutting property, and which is 20 feet or more in width.

Apartment: A suite of one or more rooms which is designed or intended for occupancy by, or which is occupied

1438

APPENDIX A-ZONING ORDINANCE § II

by one family doing its own cooking therein, or by one person doing his or her own cooking therein.

Apartment house: Any building or portion thereof which contains three (3) or more apartments.

Automobile sales or storage yards or lots: An open premises used for the storage or sale of complete and operable automobiles.

Automobile wrecking yard or automobile used parts lot: Any place where three or more vehicles not in running condition, or the parts thereof, are stored in the open, or any building or structure used principally for wrecking or storage of automobiles not in running condition.

Basement: A story partially below grade having at least one half (½) of its height above the grade of the lot upon which it is situated. A basement shall be counted as a story if used for dwelling or business purposes.

Billboards or poster panels: Any sign or advertisement used as an outdoor display by the painting, posting or affixing on any surface, of a picture, emblem, words, figures, numbers, or lettering for the purpose of making anything known; such sign or advertisement being remote from the point of sale.

Board of adjustment (zoning board of adjustment): The board or body as set forth in the City Charter of the City of Jasper and whose purpose is to hear appeals from decisions of administrative officials.

Building: A structure for the shelter, support or enclosure of persons, animals, or chattels. When separated from the ground up without openings, or connections, each portion of such building shall be deemed a separate building.

Building height: The vertical distance measured from the level of the established grade opposite the middle of the front of the building, to the highest point of the roof surface if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip, or gabled [gambrel] roof. For buildings set back from the street, or right-of-way line, the height may be measured

1439

§ II JASPER CODE

from the average elevation of the natural grade along the front of the buildings, provided its distance from the street or right-of-way line is not less than the height of such grade above the established grade of the street. In case of through lots, or double front lots, the established grade of such abutting street shall govern to one-half (½) the depth of the lot. (See illustration)

METHOD OF MEASURING HEIGHT OF BUILDINGS WITH VARIOUS TYPES OF ROOFS

FLAT ROOF GABLE ROOF Line A=Line B

%

GAMBREL ROOF HIP ROOF

1440


Building line: A line between which line and any street line of a district, lot, tract, or parcel of land, no building or part of a building may be erected, altered or extended.

Building line setback: The distance between the bullding line and the street line in a district, lot, tract, or parcel of land.

Building, main-main building: A building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which the same is situated. Main building when used with reference to ground coverage shall mean the dimensions of the dwelling with the porches and garages, when same are under one roof.

Bulk plant or station: A place where petroleum products or other flammable liquids are stored for wholesale purposes only, where the total capacity of all storage tanks is more than 12,000 gallons.

Bungalow courts (house courts): A group of two or more single family dwellings on one or more adjoining lots, having separate outside entrance on the ground floor level for each single-family dwelling.

Cellar: A room or story having more than one-half of its height below the average level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measured.

Club, non-profit: Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Comprehensive plan: Any legally adopted part or element of the Comprehensive Plan as provided in the City Charter of the City of Jasper.

Court: A court is required open, unoccupied space on the same lot and fully enclosed on at least three adjacent sides by walls in any building. An outer court facing for its full

1441

§ II JASPER CODE

required width on a street, or any other required open space not a court. An inner court is any other required court.

Dwelling: Any building or portion thereof, which is designed or used exclusively for residential purposes.

Dwelling, one-family dwelling: A building containing but one housekeeping unit, and designed or used to house not more than one family in a permanent manner, which may include not more than two boarders or lodgers.

Dwelling, multi-family-multi-family dwelling: A building designed for, or portion of a building having accommodations for, three or more families being independent of each other, and each having its own kitchen and bath facilities. This term includes premises occupied more or less permanently for residential purposes in which the rooms are occupied in apartments, suites, or groups such as apartment units, tenement houses, flats, apartment hotel, bachelor apartments, studio apartments, kitchenette apartments, and all other dwellings similarly occupied.

Dwelling, two-family-two-family dwelling: A building containing two housekeeping units, and designed or used to house two families, living independently of each other, each of which may include not more than two lodgers or boarders.

Family: A group of one or two persons or parents with their direct descendants and adopted children (and including the domestic employees thereof) together with not more than two persons not so related, living together in a room or rooms comprising a single housekeeping unit. Every additional group of five or less persons living in such housekeeping unit shall be considered a separate family for the purpose of this Ordinance. Family does not include a group occupying a club, dormitory, etc.

Filling station: Any building or premises used for the storing, dispensing, servicing, sale or offering for sale at retail of any automobile fuels and lubricants and/or automobile accessories, but not including major repairs.

Frontage: The distance for which property abuts one side of a street, road, or highway, or other public way measured

1442


along the dividing line(s) between the property and such road, or highway, or other public way.

Frontage roadway or access street: A roadway contiguous to and generally paralleling an expressway, major street or highway, or through street or highway, and so designed as to intercept, collect and distribute traffic desiring to cross, enter, or leave such facility, and to furnish access to property which otherwise would be isolated as a result of controlled-access features peculiar to topographical conditions.

Garage: A building for the storage or housing of motor driven vehicles.

Garage, private-private garage: A garage intended for and owned or used by, the members of families resident upon the premises, provided that not more than one-half of the garage space may be rented for private vehicles owned or used by persons not resident on the premises, except that all the space in a garage of one- or two-car capacity may be so rented. Such a garage shall not include those used by more than one (1) commercial vehicle per family resident on the premises, and no such commercial vehicle shall exceed two (2) ton capacity; nor shall such garage provide for the repair or equipping of such vehicles.

Garage, public-public garage: Any garage not included within the def"mition of a private garage.

Governing body having jurisdiction: The City Council of Jasper, Florida.

Guest house: An accessory building to be used solely by the occupant of the main building for his or her pleasure or recreation or to house non-paying guests.

Guest room: A room which is designed or intended for occupancy by, or which is occupied by, one or more guests, but in which no provision is made for cooking, and not including dormitories for sleeping purposes.

Home occupations: Any occupation or profession engaged in by any occupant of a dwelling not including the conduct of a retail business, or a manufacturing business or a repair

1443

§ II JASPER CODE

business of any kind on the premises. Home occupation shall not include any occupation conducted in any building on the premises other than the building which is used by the occupant as his or her private dwelling and shall not include the employment of any additional person in the performance of such services. Such home occupations shall not include clairvoyance, fortune telling, experimentations that involve the use of chemicals or matter or energy that may create or cause to be created noises, noxious odors, or hazards that will endanger the health, safety, or welfare of the community.

Hotel: Any building containing sleeping rooms for the temporary occupancy of individuals who are lodged with or without meals, with no provision made for any cooking in any individual room or suite.

Hotel, apartment: Any building which satisfies both the definition of a multiple dwelling house and that of a hotel as defined by this section.

Institution: Any building or group of buildings used for public or private educational, religious, civic or other similar purpose.

Lodging or boarding house: A building designed or used for the more or less permanent occupancy with or without meals, of more than two lodgers or boarders whether the compensation be paid directly or indirectly.

Lot or plat: A lot or parcel of land occupied or intended to be occupied by a principal building or use and any accessory building and uses customarily incident to it, and including open spaces not less in extent than those required in connection therewith by this Ordinance. A "Lot of Record" is a parcel of land the dimensions of which are shown on a map on file with the Clerk of Circuit Court of Hamilton County, Florida, or in common use by county officials, and which actually exists as so shown, or any part of such parcel held in a recorded ownership separate from the ownership of the remainder thereof. All lots shall front on, and have ingress and egress by means of a public or private street, road, or highway.

1444


Lot line, side-side lot line: A side lot line is any lot boundary line not a front line or a rear lot line. A side lot line separating a lot from a street line is an exterior side lot line. Any other side lot line is an interior side lot line.

Lot, through-through lot: A lot whose depth extends between two more or less parallel streets and having frontage on each street.

Lot width: The width of the lot measured at right angles to the mean depth of said lot.

Motel: Any building containing sleeping rooms for the more or less temporary occupancy of individuals who are lodged with or without meals, and where the design favors a direct vehicular approach to each sleeping or living room. Any building or structure exceeding two and one-half (2½) stories in height shall be classified as a Hotel rather than Motel.

The natural grade: The slope of the ground adjoining the building.

Non-conforming use: Any use of a building or of land that does not conform to the regulations for the district in which it is situated, but which was an existing and lawful use prior to the adoption of this ordinance or as amended.

Parking lot: A parcel of land devoted to unenclosed parking spaces which may include partially enclosed one-story buildings, and where a charge is made for storage or parking of vehicles.

Parking lot, accessory: An accessory parking lot means a parcel of land used by an individual, partnership, firm or corporation in any commercial or industrial district exclusively for the parking of vehicles of its employees or customers and for which no charge is made.

Parking space: An area of appropriate dimensions of not less than 180 square feet, exclusive of access or maneuvering area, to be used exclusively as a temporary storage space for private motor vehicles. Truck loading and unloading space shall not be included in such area. When the application of a unit of measurement for parking spaces

1445

§ II JASPER CODE

to a particular use or structure results in a fractional space, any fraction under one-half shall be disregarded and fractions of one-half or over shall be counted as one space.

Planning commission: Refers to the Planning Commission of the City of Jasper, Florida, as set forth in the City Charter of the City of Jasper, Florida.

Planting strip: The portion of the street between the curb or pavement edge and the property line exclusive of the area occupied by the sidewalk.

Sidewalk: That portion of a street or road available exclusively for pedestrian traffic.

Sign: Any words, lettering, parts of letters, figures, numbers, phrases, sentences, emblems, devices, designs, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product, which are visible from any public street or highway and used to attract attention. This applies to free standing devices or to devices attached to a building or structure.

Stable, horse-horse stable: A building intended for the accommodation of one or more horses or mules.

Story: The vertical distance of a building included between the surface of any floor and the surface of the next floor above it, or, if there be no floor above it, then the space between such floor and ceiling next above it, provided that a cellar shall not be considered a story. Attic space is construed as one-half (½) story.

Street: A public thoroughfare, twenty (20) feet or more wide, where public title to land extends between right-ofway lines. Whenever the sense of the law or these regulations so require, the word "Street" shall include avenue, drive, circle, road, highway, or similar terms as they are generally understood.

Street grade: The established grade of the front street or other higher street upon which the lot abuts at the mid-point of the frontage of the lot thereon. If there is no

1446


established grade, the Director of Public Works shall be consulted and his approval obtained as to the ultimate grade to be established by the owner.

Street line or right-of-way line: The dividing line between a lot, its property line or lines, and a public right-of-way, a public street, road, or highway; or a private street, road, or highway, over which two or more abutting owners have an easement or right-of-way.

Street width: The horizontal distance between the side lines of a street, road or highway measured at right angles to the side lines.

Structure: Anything constructed or erected, the use of which requires more or less permanent or semi-permanent location on the ground, or the attachment to something having a permanent location on the ground. The term includes tents, bleachers, gasoline pumps, automobile house trailers, advertising signs, billboards, portable vehicles, or structures from which products are vended and similar objects.

Structural alterations: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, girders, floor joists, or roof joists, or exterior supports.

Subdivision: The division of a lot, tract or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development for purposes other than agricultural. It includes re-subdivision and when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

Trailer coach: Any vehicle used, other than towing vehicle, or maintained for use, as a conveyance upon highways or city streets, so designed and so constructed as to permit occupancy thereof as a temporary or permanent dwelling unit or sleeping place for one or more persons, having no other foundation other than wheels or jacks.

Trailer park: Any site, lot, field, or tract of land upon which two (2) or more trailer coaches are placed, and shall

1447

§ II JASPER CODE

include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such park.

Yard: An unoccupied area of a lot, open and unobstructed from the ground to the sky, except as otherwise provided in this Ordinance.

Yard, front-front yard: An open space extending the full width of a lot and of a depth measured horizontally at right angles to the front lot line.

Yard, rear-rear yard: An open space extending the full width of a lot and of a depth measured horizontally at right angles to the rear lot line.

Yard, side-side yard: An open space extending along the side line of a lot between the front yard and the rear yard and of a width measured horizontally at right angles to the side lot line.

Section III. General provisions.

1. Zoning affects every structure and use: Upon the effective date of adoption of this Ordinance, no building, structure or premises shall hereafter be used, and no building, structure or part thereof shall be erected, moved, remodeled, extended, enlarged or altered, except in conformity with the regulations herein specified for the Use District in which it is located.

2. Continuing existing uses: Any building, structure or use lawfully existing at the time of enactment of this Ordinance may be continued as a Non-Conforming Use even though such building, structure or use does not conform with the provisions of this Ordinance for the Use District in which it is located. Similarly, whenever a Use District shall be changed hereafter, the then existing lawful use may be continued.

3. Non-conforming uses:

A. No building, structure, or premises containing a non-conforming use shall hereafter be extended,

1448

APPENDIX A-ZONING ORDINANCE § III

unless such extension or alteration shall conform to the provisions of the Use District in which it is located.

B. Structural repairs and alterations to a non-conforming building or structure may be permitted to the extent of fifty (50) percent of its replacement value.

C. Any non-conforming building or structure which has been damaged to the extent of not exceeding fifty (50) percent of its replacement valuation by reason of fire, flood, explosion, earthquake, riot, war or an act of God, may be reconstructed and reused as before if done within twelve (12) months from the time such damage occurred. If such damage is greater than fifty (50) percent of its replacement valuation, such building or structure may only be reconstructed to conform with the provisions of the Use District m which it is situated.

D. No building or structure or premises where a non-conforming use has ceased for reasons other than those stated in Paragraph "C" for more than six (6) months, or has changed to a permitted or conforming use, shall again be used in a non-conforming manner.

E. Any sign or billboard which lawfully existed prior to the effective date of this Ordinance may be continued for a period of not more than one (1) year; except that an identifying non-conforming sign or billboard attached to a non-conforming building or structure may be maintained through the lawful non-conformity of such building or structure.

4. Restoring unsafe buildings: Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Inspector, or from complying with his lawful requirements.

5. Pending application for building permits: Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof, for which a building permit has

1449

§ III JASPER CODE

been granted prior to the adoption of this Ordinance, provided construction shall start within sixty (60) days after the granting of such permit.

6. Group housing: In the case of a dwelling group containing two (2) or more buildings, the contemplated arrangement of which makes it impracticable to apply the provisions of this Ordinance to the individual building units in the group, a permit for the construction of such dwelling group shall be issued only upon approval by the City Council after public hearing and recommendation by the Planning Commission.

A. Land deemed one lot: Any parcel of land including any interior streets and recreation areas which are occupied by a group of dwellings designed as a unit, may be deemed to be one lot.

B. Application of regulations: Where group housing consists of two (2) or more buildings to be constructed on a plot of ground of at least one acre not subdivided into the customary streets and lots, and which will not be so subdivided, the application of these requirements may be varied upon approval by the Planning Commission in a manner that will be in harmony with the character of the neighborhood, and that will insure a lot area per family no lower than permitted by this Ordinance in the Zone or Use District in which the proposed group housing is to be located.

7. Intersection visibility and corner set-back: In all Zones no construction, fence, hedge, shrubbery or other obstruction, except buildings in B-2 zones, to a clear view which extends over three (3) feet in height shall be permitted at any comer of intersecting streets where either or both of the streets are less than sixty (60) feet in width, within the area formed by the legs of a triangle whose apex is the point of intersection of the center line of the traveled roadways and the legs of which are sixty (60) feet in length along the center lines, and the hypotenuse of which is the line connecting the ends of said legs. Exception shall be made for utility poles, lighting standards, post office boxes, city or

1450


state traffic signs and trees, the branches of which are kept trimmed to a height of seven (7) feet above the ground.

8. Sign or billboard:

A. In each of the Use Districts, no sign or billboard structure or obstruction of any character, other than buildings, shall be erected closer than seventy-five (75) feet to the center line of any street, except that standard highway signs and markers which the Florida State Highway Department and the City of Jasper may authorize shall be permitted within the right-of-way of any street or road. Required house numbers shall be excepted from this provision.

B. After the effective date of this Ordinance, directory signs will be permitted within public rights-of-way for the following uses:

1. Churches, schools and institutions.

a. Such signs shall not exceed two (2) square feet in area. The bottom of the sign shall be not less than seven (7) feet above the adjacent ground.

b. All such signs shall be in approved colors.

2. Quasi-public uses which by tradition and precedent have been and are presently identified with promoting the general welfare of the City of Jasper, including the following:

a. Athletic events

b. Festivals

c. Similar events

Such signs may be of a temporary nature. They shall be placed in a manner which will not be hazardous or impede traffic circulation.

C. Such signs referred to in Paragraph B will be erected only after securing a permit from the City Inspector on forms to be provided by him. Permits will be subject to the approval of the City Inspector and signs

1451

§ III JASPER CODE

will be erected under his supervision. Appeals from the decision of the City Inspector may be made to the Zoning Board of Adjustment.

9. Public parking areas-design standards: Every parcel of land which after the effective date of this Ordinance is changed to a public parking area shall be developed as follows:

A. Such area where subject to heavy traffic shall be paved or have equivalent surfacing subject to the approval of the Director of Public Works.

B. Where such area adjoins a lot in a Residence Zone, a solid wall, fence, or compact planting screen at least five (5) feet high shall be erected and maintained between such area and the Residence District. Such enclosures shall be at least five (5) feet from the side of a lot in a Residence District, and all required front and side yards shall be properly maintained as such.

C. Any light used to illuminate said parking area shall be so arranged as to reflect light away from the Residence District.

D. All off-street parking facilities shall be designed with appropriate means of access to street, alley, and maneuvering area. No driveway or curb cuts in any zone shall exceed forty (40) feet. Detailed plans shall be submitted to the Director of Public Works for approval of all driveway openings or curb cuts before a permit may be obtained.

IO. Special purpose off-street loading space:

A. Authority to require loading facilities: On or after the effective date of this Ordinance, no permit for a new business or industrial structure or use shall be issued unless there is included with the plan for such structure, or use, a plot plan showing the required off-street loading facilities.

B. Off-street loading: On any premises in business and industrial districts on which is conducted any new business or industrial use, there shall be provided space as follows:

1452


1. Off-street loading space shall be provided with an access to an alley or street.

2. One loading berth for each fifty (50) feet of building width up to five thousand (5,000) square feet of ground floor area, except that none shall be required for three thousand (3,000) square feet or less.

3. One loading berth for each ten thousand (10,000) square feet of floor area or fraction thereof over the first five thousand (5,000) square feet of floor area.

4. Such loading berth shall be not less than ten (10) feet in width, thirty (30) feet in length, and fifteen (15) feet in height.

C. Design standards: Same as for Public Parking Areas. See Section 3, Paragraph 9.

11. General height provision: Except as hereinafter provided, no building or structure shall be erected or enlarged or reconstructed to exceed the height limit established for the zone wherein such building or structure is located.

12. General area provisions: Except as hereinafter provided, no building or structure shall be erected on a lot unless such building or structure conforms with the area regulations of the Zone in which it is located.

A. Reduction of lot area: No lot shall be so reduced or diminished, that the yards, other open spaces or total lot area shall be smaller than that prescribed by this Ordinance, nor shall the density of population be increased in any manner except in conformity with the regulations herein established.

B. Recorded lots less than minimum area: Lots of record at the time of enactment of this Ordinance, which have less than the minimum requirements for Residential Zones may nevertheless be used for uses

1453

§ III JASPER CODE

permitted in the respective Zone. All other lots in a Residence Zone shall be for uses prescribed for the Zone in which they are located.

13. Approval required to move building: No existing building or other structure shall be moved into any Residential Zone unless in conformance with the provisions of this Ordinance and until written approval therefor shall be granted by the Building Inspector.

Section IV. Use districts.

For the purpose of regulating and restricting the location of trades, industries and other uses, and the location of buildings designed, erected, altered, moved or occupied for specified purposes; to regulate and limit the height, bulk and size of buildings hereafter erected, altered or moved; to regulate and limit the density of population and vehicular congestion, the City of Jasper, Florida, is hereby divided into the following Use Districts or Zones, to wit:

(1) Residence Districts to be known as "R" Zones.

(2) Professional Districts to be known as "P" Zones.

(3) Business Districts to be known as "B" Zones.

(4) Industrial Districts to be known as "I" Zones.

The Use Districts or Zones herein referred to above shall be designated by boundaries upon the Comprehensive Zoning Map which is attached hereto and is expressly made a part of this Ordinance.

No building shall be erected, altered, moved or occupied, or premises be used for any purposes other than a purpose permitted by this Ordinance in a Zone in which such buildings or premises are located.

Section V. Zone boundaries.

Unless otherwise indicated, the Zone Boundaries are the center lines of blocks, parkways, railroad rights-of-way, or such lines extended. Where Zone Boundaries cut a block transversely or longitudinally, the line shall not cut through a lot, but shall coincide with the appropriate lot line.

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APPENDIX A-ZONING ORDINANCE §VI

Where the street layout actually on the ground varies from the layout as shown on the Comprehensive Zoning Map, the Planning Commission shall interpret said map according to the reasonable intent of this Ordinance.

Section VI. Residence district R-1 one family zone.

The following regulations shall apply in the R-1 One Family Zones;

A. Permitted uses:

1. One-Family detached dwelling for one houskeeping unit only.

a. There shall be a minimum of one off-street parking space for each dwelling unit.

2. Public Parking Area where the area adjoins a business or industrial zone, provided such transitional use does not extend more than one hundred (100) feet into an "R" Zone.

3. Upon approval of location by the City Council after public hearing and recommendation by the Planning Commission:

a. Religious uses: Churches, Synagogues, Sunday Schools, Convents, etc.

b. Educational uses: Church and private schools and institutions of higher learning including dormitories, fraternity and sorority houses.

c. Cemeteries

d. Governmental uses: Municipal, County, State and Federal uses which are necessary to the general public welfare, such as community buildings, schools, parks, recreation centers, water storage tanks, pump houses, etc., but excluding such uses as incinerators, dumps, garages, machine or equipment shops, equipment and material storage yards, etc. Such

1455

§VI JASPER CODE

structures shall be architecturally harmonious with the general character of the surrounding area.

e. Quasi-Public Service Uses: Utility company facilities on premises which are necessary for the convenience and general welfare of the public such as telephone exchanges, pump houses, transformer sub-stations, pressure reducers, cable easements, etc., where not more than two (2) persons are inhabiting such buildings or structures, but excluding such uses as garages, machine or equipment shops, equipment and material storage yards, etc. Such structures shall be architecturally harmonious with the general character of the surrounding area.

f. Club or fraternal organization (non-profit).

g. Golf course, tennis courts and similar recreational uses of a non-commercial nature, and specifically excluding commercial driving ranges, miniature golf courses and similar uses.

h. Hospitals and convalescent homes, but excluding alcoholic sanatoriums, and mental hospitals.

4. Home Occupations. Upon approval of the Zoning Board of Adjustment: Customary uses including home occupation or the office or studio of any person authorized by law to practice a profession, or render a service, provided that:

a. Personal services only are rendered.

b. No stock in trade is kept or commodities sold on premises.

c. Not more than one (1) non-resident of the household is employed.

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APPENDIX A-ZONING ORDINANCE §VI

d. The applicable codes of the City of Jasper shall govern the size of electrical wiring, plumbing, etc. which shall be installed before such home occupation begins.

e. A home occupation permit may be denied by the Zoning Board of Adjustment if in its judgment such occupation will be hazardous or injurious to the welfare of the community.

f. The residential character of the dwelling may not be changed, nor shall the dwelling be extended to permit a home occupation.

g. The entrance to the home occupation portion of the dwelling shall be from within the dwelling and not through a new outside entrance.

h. Not more than twenty-five (25) percent of the floor area may be used for a home occupation.

1. No display pertaining to the occupation shall be visible from outside the dwelling.

J. One sign or name plat not exceeding one and one-half (1 ½) square feet in area indicating the name and/or occupation of the occupant may be permitted. However, no illuminated or animated sign shall be used.

5. Accessory Uses:

a. No accessory living quarters, garage apartments, etc. shall be located in an "R-1" Zone, except that a bona fide guest house where no rent is paid or servants' quarters shall be permitted upon a lot area of fifteen thousa~d (15,000) square feet or more. Such accessory building shall not be closer than ten (10) feet to any lot line.

b. Where the rear yard abuts upon a street, no accessory building shall be closer to the rear lot line than the required front set-back for the zone.

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§VI JASPER CODE

c. No billboard, sign board or advertising sign shall be permitted as an accessory use, except that a real estate sign not larger than eight (8) square feet shall be permitted where the disposal of a building, structure, or land is involved, and such sign is on the premises of the property advertised for disposal.

d. Accessory uses may generally be considered as private garages, stables, storehouses, greenhouses, children's play houses, summer houses and home workshops, swimming pools.

6. Signs, Billboards, Etc.: Except as provided in Section III (3) (e) or (5) (c) of this section no signs, billboards, or advertising matter shall be permitted.

7. Animals: Private stables will be permitted upon a lot area of fifteen thousand (15,000) square feet or more, in an R-1 Zone. Dogs, and other domestic animals may be kept for non-commercial purposes.

8. Farms, truck gardens, citrus groves, non-commercial greenhouses.

B. Height:

1. No building or structure shall hereafter be erected or altered in an R-1 Zone to exceed a height of three and one-half (3½) stories or 35 feet.

C. Area:

1. Every lot in an R-1 Zone shall have a minimum width of one hundred (100) feet and a minimum area of fifteen thousand (15,000) square feet.

D. Setbacks:

1. Front. Each lot shall have a front setback of not less than twenty-five (25) feet from the nearest point of the building front to the front lot line, except as provided in Section VI, paragraph 9, Building Lines.

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APPENDIX A-ZONT"'Tf1 ORDINANCE §VI

2. Side. Each lot shall have two (2) side yards, one of which shall not be less than a width of seven (7) feet, and one of which shall not be less than ten (10) feet, except that buildings over two (2) stories in height shall have side yards of ten (10) feet as a minimum width.

3. Rear. Each lot shall have a rear yard of not less than twenty (20) percent of the depth of the lot, but such yard need not exceed fifty (50) feet.

4. Lot Coverage. Not more than thirty (30) percent of the lot area shall be occupied or covered by buildings or structures.

5. Accessory buildings in residential districts: Accessory buildings shall be at least seven (7) feet distant from any adjoining lot line, except that where a corner lot is involved, the setback requirements for the adjacent street shall be observed.

6. Required yards apply to only one building: No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot where a building is to be erected.

7. Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one main residential building and its accessory buildings on one lot. Row dwellings or a unit group of dwellings as referred to in Section III, paragraph 6, of this Ordinance may be considered as one main residential building.

8. Front yards on a through lot: At each end of a through lot, there shall be a front yard of the depth required by this Ordinance for the Zone in

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§VI JASPER CODE

which each street frontage is located; provided, that one of the front yards may serve as a rear yard.

9. Building lines: Front building line shall conform to the average building line in a developed block, but in no case shall it be less than ten (10) feet. Where there is undeveloped land for a distance of three hundred (300) feet on both sides of a proposed building, the minimum building line setback shall be twenty-five (25) feet from the established right-of-way.

Section VII. Residence district R-lA one family zone.

The following regulations shall apply in the R-lA One Family Zone:

A. Permitted uses:

1. Any use permitted in an R-1 Zone shall apply in the R-lA One Family Zone.

B. Height: The heights established for the R-1 Zone shall apply to the R-lA Zone.

C. Area: Every lot in an R-lA Zone shall have a minimum width of seventy-five (75) feet and a minimum area of 10,000 square feet.

D. Setbacks: The setback provisions of the R-1 Zone shall apply to the R-lA Zone.

Section VIII. Residence district R-lB, one family zone.

The following regulations shall apply in R-1B, One Family Zone:

A. Permitted uses:

1. Any use permitted in an R-1 Zone shall apply in R-1B, One Family Zone.

2. The building, erecting, operating, maintaining and conducting the business of self-service, automatic,

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APPENDIX A-ZONING ORDINANCE §IX

or coin-operated laundry or launderette, and/or a self-service, coin-operated or automatic dry cleaning machine, machines, establishment or plant, but not including ordinary steam laundries and other dry cleaning plants.

3. Small neighborhood grocery stores, small electrical and electronics products and appliance sales and service, and similar businesses of a service nature.

PROVIDED, However, that before any permits shall issue for the establishment of business establishments under provisions of sub-sections two (2) and three (3) above, the same shall first have been approved by the Planning and Zoning Board of Appeals, and the City Council of the City of Jasper, Florida, which approval may be given by said Board and said Council in their discretion and under such conditions as they may impose and after such notice as they may require, or without notice at their discretion.

B. Height: No building or structure shall hereafter be erected or altered in an R-lB Zone to exceed a height of two and one-half (2½) stories or twenty-five (25) feet.

C. Area: Every lot in an R-1B Zone shall have a minimum width of sixty (60) feet and a minimum area of 6,000 square feet.

D. Setbacks: The setback provisions of the R-1 Zone shall apply to the R-lB Zone. Each lot shall have two (2) side yards, one of which shall not be less than a width of five (5) feet and one of which shall not be less than ten (10) feet. (Ord. of 7-3-61, § 1; Ord. of 11-6-61, § 1)

Section IX. Residence districts R-2 multiple family zone.

The following regulations shall apply in the R-2 Multiple Family Zone:

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§IX JASPER CODE

A. Permitted uses:

1. Any use permitted in the R-1 One Family Zone will be permitted in the R-2 Multiple Family Zone provided that such uses shall be subject to the same limitations and controls as set forth in Section VI, paragraphs A. 1 through A. 6.

2. Multiple Family Dwelling Units for any number of families will be permitted in an R-2 Zone.

3. Apartment Hotel or Hotel - for any number of guests and in which incidental business may be conducted primarily as a service for persons residing therein, provided there is no entrance to such place of business except from the inside of the building.

4. Signs: Not exceeding twelve (12) square feet in area will be permitted to identify R-2 Zone uses. Such signs shall be located not less than fifteen (15) feet from the front lot line of the property so identified.

5. Upon approval of location by the City Council after public hearing and recommendation by the Planning Commission:

a. Trailers and trailer parks which have the approval of the Hamilton County Health Department.

B. Height: No building or structure in an R-2 Zone shall exceed a height of six (6) stories or seventy-five (75) feet, except as specified in Section XIV of this Ordinance.

C. Area:

1. Lot Area. Every lot in an R-2 Zone shall have a minimum width of seventy-five (75) feet and a minimum area of 10,000 square feet.

2. Lot Area per Dwelling Unit. Every lot in an R-2 Zone shall have a minimum of 4,000 square feet

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APPENDIX A-ZONING ORDINANCE § X

per dwelling unit up to eight families and 2,500 square feet per dwelling unit thereafter.

D. Setbacks:

1. Front. The front yard provisions of the R-1 Zone shall apply to the R-2 Zone.

2. Side. The side yard provisions of the R-1 Zone shall apply to the R-2 Zone.

3. Rear. Each lot shall have a rear yard of not less than twenty (20) per cent of the lot depth, but such yard need not exceed thirty-five (35) feet.

4. Lot Coverage. The lot coverage provisions of the R-1 Zone shall apply to the R-2 Zone.

5. Courts. A court, on which windows face, shall have a width of not less than one-half (½) the height of the stories above the court. The length of a court shall not exceed twice the width.

E. Parking.

1. There shall be provided on every lot a minimum of one parking space per dwelling unit.

2. Hotels shall provide one off-street parking space for every three (3) rooms.

Section X. Professional zone P zone.

The following regulations shall apply in the P Zone:

A. Permitted uses:

1. Any use permitted in the "R" Zones may be permitted in the P Zone.

2. Physicians, lawyers, accountants, engineers, architects and similar professional people who may occupy an entire building or group of buildings. Veterinarians are specifically excluded from the P Zone.

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§X JASPER CODE

3. Businesses which are incidental to the above professional practices, e.g., prescription shops, optical sales, etc.

4. Insurance offices, realtors' offices, etc. where the nature of the business is primarily one of personal service.

5. Radio and television stations where transmitting towers are not on the same property.

B. Height: No building or structure in a P Zone shall hereafter be erected or altered to exceed a height of four (4) stories or fifty (50) feet.

C. Area: The area provisions of the R-lA Zone shall apply to the P Zone.

D. Setbacks: The setback provisions of the R-1 Zone shall apply to the P Zone.

E. Parking: Every lot in a P Zone shall provide (1) a minimum space on the lot for one car per employee and (2) visitors' parking space as determined by City Council after public hearing and recommendation by the Planning Commission.

F. Signs: The provisions of the R-2 Zone shall apply to the P Zone.

Section XI. Business districts B-1 neighborhood business zone.

The following regulations shall apply to the B-1 Neighborhood Business Zone.

A. Permitted Uses:

1. Any use permitted in an R Zone shall be permitted in a B-1 Zone provided that such uses shall be subject to the requirements of the R Zone.

2. Any use permitted in a P Zone shall be permitted in a B-1 Zone.

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APPENDIX A-ZONING ORDINANCE §XI

3. Any retail business dispensing goods or services including drive-in type businesses except the following:

a. Bakery employing more than five (5) persons engaged in the production of baked goods.

b. Billboards.

c. Blacksmith or other metalworking shop.

d. Building material supply, sales or storage.

e. Candy Shop employing more than five (5) persons engaged in the production of candy.

f. Coal and Ice Plant.

g. Contractor's Storage Yard.

h. Drive-In Theatre.

1. Dry Cleaning plant employing more than five (5) persons.

J. Farm equipment sales agencies.

k. Garages, except those operated in connection with new car agencies, where major repairs take place.

I. Laundry employing more than five (5) per-sons.

m. Printing Plant.

n. Stone or Monument Works.

o. Truck Terminal.

p. Undertaker.

q. Tire Re-capping.

r. Wholesale distributors of gasoline, fuel oil and liquefied petroleum gases.

4. Upon approval of location by City Council after public hearing and recommendation by the Planning and Zoning Commission, the following may be permitted:

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§XI JASPER CODE

a. Commercial Recreation Facilities.

b. Places of Amusement.

c. Veterinarian.

d. Trailer Parks or Courts.

e. Motels.

5. Signs:

a. Any exterior sign displayed shall pertain only to the use within the building. Any exterior sign other than signs that are flat against the building or structure shall be located not less than fifty (50) feet from an R Zcne boundary line. Exterior signs shall not exceed 100 square feet in area.

B. Height: The height provisions of the P Zone shall apply to the B-1 Zone.

C. Setbacks:

1. Front.

a. Where the block frontage is located wholly in the "B-1" Zone, and where the distance between the proposed curb line of the pavement and the front property line is fifteen (15) feet or more in width, no front yard shall be required.

b. Where the block frontage is located wholly in the "B-1" Zone, and where the distance between the proposed curb line of the pavement and the front property line is less than fifteen (15) feet in width, a front yard shall be required so that the distance between the building line and the proposed curb line shall be a minimum of fifteen (15) feet in width.

c. Where the block frontage is located partly in a B-1 Zone and partly in an R Zone, the front yard requirements of the R Zone shall apply in the B-1 Zone.

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APPENDIX A-ZONING ORDINANCE §XII

d. Gasoline dispensing pumps shall be set back a minimum of twelve (12) feet from any right-of-way line.

2. Side.

a. Where the side of a lot in a B-1 Zone abuts upon the side of a lot in an R Zone, there shall be a side yard of not less than four ( 4) feet for each story or twelve (12) feet in height, but such side yard for a one story building shall be not less than six (6) feet in width.

b. In all other cases, a side yard for a business building shall not be required, but if provided, it shall be not less than three (3) feet in width.

c. On a corner lot in a B-1 Zone, which abuts on an R Zone, there shall be provided a side yard on the side street equal in depth to the required front yard of the R Zone.

3. Rear.

a. Where a B-1 Zone abuts an R Zone, there shall be a rear yard which need not exceed twenty (20) feet.

b. In all other cases, no rear yard shall be required, but if provided, it shall be not less than five (5) feet in depth.

D. Parking:

1. Every lot in a B-1 Zone shall provide one (1) off-street parking space for every two (2) employees of the building or buildings erected thereon, and three (3) square feet of off-street customer parking area for each square foot of sales area of said building or buildings.

Section XII. Business district B-2 general business zone.

The following regulations shall apply in a B-2 General Business Zone:

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§ XII JASPER CODE

A. Permitted uses:

1. Any use permitted in an R Zone shall be permitted in a B-2 General Business Zone provided that such uses shall be subject to the requirements of the R Zone.

2. Any use permitted in a P Zone shall be permitted in a B-2 Zone.

3. Any use permitted in a B-1 Zone shall be permitted in a B-2 Zone.

4. Any business or profession dispensing goods or services except the following:

a. Building material storage yard.

b. Coal and Ice Plant.

c. Contractor's storage yard.

d. Truck Terminal.

e. Tire Re-capping.

f. Wholesale distributors of gasoline, fuel oil and liquefied petroleum gases.

g. Veterinarian.

B. Height: There shall be no limitation upon the height of buildings or structures in a B-2 Zone.

C. Setbacks:

1. Front. A front yard shall not be required in a B-2 Zone.

2. Side. Where a B-2 Zone abuts an R Zone, the side yard provisions of the B-1 Zone shall apply to the B-2 Zone.

3. Rear. Where a B-2 Zone abuts an R Zone, the rear yard provisions of the B-1 Zone shall apply to the B-2 Zone.

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APPENDIX A-ZONING ORDINANCE § XIII

D. Parking:

1. The provisions of the B-1 Zone shall apply to the B-2 Zone, except that upon recommendation of the Planning Commission and approval by the City Council, such parking space may be provided within five hundred (500) feet of the site.

2. Theatres, hotels, hospitals and similar uses, where sales space cannot be used as a standard shall provide parking space for employees and patrons to such standards as the Planning Commission shall recommend and be approved by the City Council.

3. Entrances and exits to all parking areas shall conform to standards of the State Highway Department.

E. Signs: Provisions of the B-1 Zone shall apply to the B-2 Zone.

Section XIII. Industrial districts I industrial zone.

The following regulations shall apply in the I Industrial Zone:

A. Permitted uses:

1. Any non-residential use permitted in the P Zone shall be permitted in the I Industrial Zone, provided that the restrictions of the P Zone shall apply.

2. Any non-residential use permitted in a B Zone shall be permitted in an I Zone, provided that the restrictions of the appropriate B Zone shall apply.

3. Wholesale, storage and warehousing facilities shall be permitted in an I Zone.

4. Upon approval of location by the City Council after public hearing and recommendation by the Planning Commission, the following uses may be permitted in an I Industrial Zone:

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§ XIII JASPER CODE

a. Automobile Wrecking Yard.

b. Coal Yards.

c. Salvage Yards.

In connection with the above uses a fence or wall not less than six (6) feet in height to obscure the view of pedestrians and motorists shall be required on all sides except those facing railroad sidings. Such uses shall be carried on a minimum of one hundred fifty (150) feet from an R Zone.

d. Tire Re-capping.

e. Distributors of gasoline, fuel oil, and liquefied petroleum gases.

f. Veterinarian.

5. Uses of a manufacturing nature, employing electricity, gas, atomic energy or other unobjectionable motive power, utilizing hand labor or machine processes, and free from objectionable odors, dirt, fumes, vibrations or noise shall be permitted in the I Industrial Zone, upon approval by the City Council after public hearing and recommendation by the Planning Commission.

B. Height:

1. There shall be no height limitations upon buildings erected in an I Industrial Zone.

C. Area:

1. Principal buildings or structures shall not cover more than sixty (60) percent of the lot area in an I Zone.

D. Setbacks:

1. Front. There shall be a front yard setback of twenty-five (25) feet.

2. Side. Each side yard shall be a minimum of ten {10) feet in width, except that where an I Zone

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APPENDIX A-ZONING ORDINANCE § XIII

abuts an R Zone, the side yard in the adjacent I Zone shall be a minimum of twenty-five (25) feet in width.

E. Prohibited uses:

1. No residential structure shall hereafter be erected in an I Zone.

2. The following uses are prohibited within an I Zone:

a. Acid manufacture - hydrochloric, nitric, picric or sulphuric acid.

b. Cement, lime, clay, gypsum or plaster manufacture.

c. Production of chlorine or similar noxious gases.

d. Distillation of bones.

e. Drop forge industries using power hammers.

f. Explosives - manufacture or storage.

g. Fertilizer manufacture.

h. Garbage, offal, dead animal reduction or dumping.

i. Glue manufacture.

j. Hair manufacture.

k. Petroleum refining.

1. Processing of sauerkraut, vinegar or yeast.

m. Rendering or refining of fats and oils.

n. Stock yard or animal feeding pen.

o. Slaughter of animals, not including the killing of fowl.

p. Any other use that is noxious or offensive by reason of the emission or creation of odor, dust, fumes, smoke, gas, noise, vibration or

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§ XIII JASPER CODE

similar substances or conditions which in the opinion of the Planning Commission would be detrimental to the community interest.

Section XIV. Exceptions and modifications.

A. Height:

1. R-Residence Zones.

a. A structure may be increased in height, providing the required side yards are increased one foot for each additional three (3) feet in height.

2. Structures Permitted Above Height Limit.

a. The following structures may extend above the established zone height regulations providing that they shall not be used primarily for dwelling purposes:

(1) Chimneys or smokestacks.

(2) Cooling Towers.

(3) Elevator Penthouses.

(4) Fire or parapet walls.

(5) Flagpoles.

(6) Gas containers.

(7) Radio or television towers.

(8) Roof signs.

(9) Skylights.

(10) Stairways.

(11) Steeples or spires.

(12) Water tanks or standpipes.

(13) Similar structures.

B. Area:

1. Yard Regulations. Where the yard regulations cannot be reasonably complied with or their application

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APPENDIX A-ZONING ORDINANCE §XV

determined on lots of peculiar shape, location or topography, such regulations may be modified by the Zoning Board of Adjustment.

C. Setbacks:

1. Side Yard Waived. For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one building occupying one lot:

a. Semi-detached dwellings.

b. Row dwellings.

2. Projection Into Yards.

a. Cornices, sills, eaves, belt courses, chimneys or other similar architectural feature may extend or project into a required side yard.

b. Unroofed platforms, landings, steps or balconies may extend or project into a required side yard.

D. Fence, wall or landscape feature: A fence, screen, solid wall or shrubbery not exceeding 6 feet in height between the building setback line and the street, may be located in any required front, side or rear yard except where prohibited by comer setbacks for intersection visibility as prescribed in Section III, General Provisions, paragraph 7.

Section XV. Administration and enforcement.

A. Enforcement by building official: It shall be the duty of the Building Inspector of the City of Jasper, Florida, to enforce the provisions of this Ordinance within the police jurisdiction of the City of Jasper in the manner and form and with the powers provided in laws of the State of Florida and in the City Charter of the City of Jasper. Every official and employee of the City of Jasper, Florida, who is vested with the duty or authority to issue a Building Permit shall conform to the provisions of this Ordinance and shall not issue a permit or license for any use, building or purpose if the same is in conflict with any provision of this Ordinance. Any permit or license or certificate issued in conflict with the provisions of this Ordinance shall be null and void.

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§XV JASPER CODE

B. Filing plans:

1. All applications for building permits shall be accompanied by plans in duplicate, drawn to a scale of not less than one-eighth (1/s) of an inch equal to one foot, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the proposed building or structure and the exact size and location of any existing buildings or structures on the lot. Plans shall show the existing or proposed use of each building or part of building, and such other information with regard to the building or lot, parking areas, distances from nearby buildings or neighboring lots as may be necessary to determine and provide for the enforcement of this Ordinance. One (1) copy of such plans shall be returned to the owner or agent when such plans shall have been approved by the Building Inspector. The lot and location of the building thereon shall be staked out on the ground and approved by the Building Inspector before starting any construction.

C. Certificate of occupancy: A Certificate of Occupancy shall be required for any of the following conditions:

1. Occupancy and use of a building hereafter erected or enlarged.

2. Change in use of an existing building to a different use classification.

3. Any change in a non-conforming use. No such occupancy, use or change of use shall take place until the Certificate of Occupancy therefor shall have been issued by the Building Inspector.

After submitting plans and specifications to the Building Inspector, and upon the issuance of a Building Permit, the applicant shall have complied with this Ordinance for all purposes, provided said building is constructed in accordance with approved plans and specifications and the applicable codes of the City of Jasper.

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APPENDIX A-ZONING ORDINANCE §XVI

D. Violations and penalties: Any person, firm or corporation, whether as principal, agent, employee or acting in any other capacity, who violates any of the provisions of this Ordinance shall be fined one hundred dollars ($100) or imprisoned thirty (30) days for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

Cross reference-Administration, Ch. 2.

Section XVI. Planning and zoning hoard of appeals.

A. Organization:

1. Establishment and Membership: There is hereby established a Planning and Zoning Board of Appeals in accordance with the City Charter of the City of Jasper, Florida. The Planning and Zoning Board of Appeals shall consist of five (5) members to be appointed by the Council for a term of three (3) years, except that of the members first appointed two (2) shall be for a term of one (1) year and two (2) for a term of two (2) years and one (1) for a term of three (3) years. All members shall serve without pay. Any member of the Planning and Zoning Board of Appeals may be removed by the Council after public hearing. Any vacancy shall be filled for the unexpired term of the member whose place has become vacant. All meetings of the Planning and Zoning Board of Appeals shall be held at the call of the Chairman, who shall be designated by the Council, and at such other times as such Planning and Zoning Board of Appeals may determine. All meetings of the Planning and Zoning Board of Appeals shall be open to the public. The Planning and Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every order, requirement, decision or determination of the Planning and Zoning Board of Appeals shall immediately be filed in the office of the Planning and Zoning Board of Appeals and shall be a public record. The

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§XVI JASPER CODE

Planning and Zoning Board of Appeals shall have power to hear and determine appeals from refusal of building permits and to permit exceptions to or variations from the zoning regulations in classes of c~ses or situations and in accordance with principles, conditions and procedures specified in the ordinance. All decisions of the Planning and Zoning Board of Appeals shall be final unless a further appeal is perfected to the Council by filing a notice of appeal in the office of the City Clerk within five (5) days from the date of the decision appealed from, the payment to the city clerk of an appeal fee which shall be an additional sum of not less than fifteen (15.00) dollars.

2. Rules of planning and zoning board of appeals, meetings, minutes, etc. The Planning and Zoning Board of Appeals shall adopt rules and regulations as it may deem necessary to carry out the provisions of this section. The Chairman, or, in his absence, the acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Planning and Zoning Board of Appeals shall be held at a regularly designated place and shall be open to the public. The Planning and Zoning Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every question, or, if absent or failing to vote, including such fact, and the final disposition thereof shall be by recorded motion indicating the reasons of the Planning and Zoning Board of Appeals therefor.

B. Appeals, how taken:

1. Appeals _to the Planning and Zoning Board of Appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by the decision.

2. Such appeal shall be taken within ten (10) days after notice of the filing of the order, requirement or decision complained of, by the filing with the Officer from whom the appeal is taken and with the Planning

1476

APPENDIX A-ZONING ORDINANCE §XVI

and Zoning Board of Appeals, a notice of appeal specifying the grounds thereof.

3. The Officer from whom the appeal is taken shall forthwith transmit to the Planning and Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken. The Planning and Zoning Board of Appeals may hear appeals on affidavit or such other evidence as the Planning and Zoning Board of Appeals may direct.

C. Powers: The Planning and Zoning Board of Appeals shall have the following powers:

1. Review: The Planning and Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by any administrative official charged with the enforcement of the regulations established by this Ordinance.

2. Variances: If there shall be unreasonable hardship in carrying out the strict letter of the Zoning Ordinance upon which the order, requirement, or decision was based, the Planning and Zoning Board of Appeals shall have authority in passing upon such appeal to vary or modify the application, either permanently or for a specified length of time, or any of the provisions of such ordinance relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured and substantial justice done.

3. Special Exceptions: When in its judgment the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be injured thereby the Planning and Zoning Board of Appeals may in a specific case, after due notice and public hearing, determine and vary the application of the regulations of this Ordinance in harmony with their general purposes and intent as follows:

1477

§XVI JASPER CODE

(a) Permit a temporary building for business or industry in the residence district which is incidental to the residential development, such permit to be issued for a period of not more than one (1) year.

(b) Grant a permit whenever it is provided in this Ordinance that the approval of the Planning and Zoning Board of Appeals is required.

D. Hearing on appeals: The Planning and Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, by publication in a newspaper of general circulation in the City of Jasper at least ten (10) days before the hearing, as well as due notice to the parties in int.erest, and decide the appeal within thirty (30) days. All abutting and adjoining property owners shall be notified. Upon the hearing any party may appear in person or by agent or attorney and any affected property owner may be heard in favor or in opposition to the matters to be considered on appeal.

E. Order of planning and zoning board of appeals: In exercising the above-mentioned powers the Planning and Zoning Board of Appeals may, in conformity with the provisions of this ordinance, reverse, or affirm wholly or partially or may modify the order, requirement, decisions or determinations appealed from and may make such order, requirement, decisions or det.erminations as ought to have been made or ought to be made and to that end shall have all of the powers of the officer from whom the appeal is taken. The concurring vote of three members of the Planning and Zoning Board of Appeals shall be necessary to grant any variance in the Zoning Regulations. Every order, requirement, decision or det.ermination of the Planning and Zoning Board of Appeals shall immediately be filed in the office of the Clerk of the City as well as in the files of the Planning and Zoning Board of Appeals, and same shall be a public record.

F. Appeal from planning and zoning board of appeals to courts: Any person, or persons, firm or corporation, jointly or severally who may consider themselves aggrieved by any

1478

APPENDIX A-ZONING ORDINANCE §XVII

decision of the Planning and Zoning Board of Appeals, any taxpayer or any officer, department, board or bureau of the municipality may appeal to the Circuit Court of Hamilton County, Florida, by filing and serving upon the Chairman of the Planning and Zoning Board of Appeals a petition, duly verified, setting forth that the decision of the Planning and Zoning Board of Appeals is illegal, in whole or in part, or does not comply with the essential requirements of law, and specifying the grounds of such illegality and the nature and extent of the departure from the essential requirements of law. Decisions of the Planning and Zoning Board of Appeals may be appealed on questions of law only to the said Court. Such appeal shall be filed within ten (10) days after service of the decision of the Planning and Zoning Board of Appeals upon the party to the appeal who desires to take such appeal. The Planning and Zoning Board of Appeals shall be required to file a return and the original papers acted upon by it with the Clerk of the said Court within ten (10) days. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be authenticated by the Chairman of the Planning and Zoning Board of Appeals or by the City Clerk. (Ord. of 9-5-61, § 1)

Cross reference-Administration generally, Ch. 2.

Section XVII. Zoning changes and ordinance amendments.

A. The City Council of Jasper may from time to time amend, supplement, or change by ordinance, the boundaries· of the Use Districts or Zones established on the Comprehensive Zoning Map or the regulations set forth in this Ordinance. Any proposed amendment, supplement or change shall first be submitted to the Planning Commission for its recommendation.

B. Procedure:

1. Any person or persons other than the City Council or Planning Commission, desiring to submit a petition requesting a change in zoning shall file such petition, with a plat of the property attached thereto, together

1479

§XVII JASPER CODE

with a payment of ten ($10) dollars to cover administrative and advertising costs, with the City Clerk.

2. Upon the filing of a petition for a change in zoning, the applicant shall at his or their expense cause to be erected in a conspicuous place on the property in question, a sign of not less than nine (9) square feet, with not less than three (3) inch black letters upon a white background which shall read as follows:

NOTICE TO THE PUBLIC

A petition has been filed with the Jasper Planning Commission requesting that this property be changed from Zone (insert present zone) to Zone (insert zone requested). A public hearing will be held at the Jasper City Hall on (date) at (time).

All those objecting to this petition should be present to voice their objection.

Isl (Property Owner) (Address)

3. At least ten (10) days before such public hearing, the City Clerk shall advertise such hearing in a newspaper of general circulation in the City of Jasper, Florida and notify all persons owning property within a radius of three hundred (300) feet of the property in question, by Registered Mail.

4. The failure of the City Clerk, through omission or oversight or lack of information, to notify any property owner within three hundred (300) feet shall not invalidate any public hearing or any part of this Ordinance, it being the intention of this provision to notify insofar as is possible those persons substantially interested in the proposed change, that a Public Hearing is pending.

5. The Public Hearing shall be held by the Planning Commission as the agent of the City Council.

6. The Planning Commission shall make a recommendation to the City Council within sixty (60) days of the

1480

APPENDIX A-ZONING ORDINANCE §XX

public hearing or the request shall be deemed to have been recommended for approval.

C. Newly annexed areas:

1. Newly annexed areas shall be considered to be zoned as R-1 (Single-Family Residence) in the interim between date of annexation and City Council action.

2. Within sixty days after the date of annexation, the Planning Commission after public hearing shall recommend to City Council the zone classification for such newly annexed areas which will carry out the objectives of the Land Use Plan and this Ordinance.

Section XVIII. Validity.

If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council he,reby declares that it would have passed this Ordinance, and each section, sub-section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared unconstitutional.

Section XIX. Repeal of ordinances.

All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed.

Section XX. Effective date.

This Ordinance shall take effect upon its adoption by the City Council of the City of Jasper and upon its publication as required by the City Charter of the City of Jasper.

The above and foregoing ordinance was read for the first time by title only and adopted at a regular meeting of the

1481

§XX JASPER CODE

Council of the City of Jasper, Florida, upon first reading on this the 13th day of September, A.D., 1960.

ATTEST:

ls/Jewell Southall Acting City Clerk

/s/M.D. Johnson Chairman, City Council, City of Jasper, Florida

The above and foregoing Ordinance was duly advertised as provided by the City Charter of the City of Jasper, Florida, and was further considered and read in full at a public hearing thereon and finally passed on second reading at a meeting of the said City Council which was advertised, called and held on the 29th day of September, A.D., 1960.

ATTEST:

ls/Jewell Southall Acting City Clerk

/s/M.D. Johnson

1482

Chairman, City Council, City of Jasper, Florida

[The next page is 1533)

(1) (2) (3) (4) (5) (6) (7) (8) (9)

(10) (11) (12) (13) (14) (15) {16)

APPENDIXB

ORDINANCES SAVED FROM REPEAL*

Ordinance Date

10-22-51 8- 2-54

11- 7-55 5-12-58 9-29-60 8- 7-61 9- 5-61

11- 6-61 11-15-65 1- 3-66 2-21-66

10- 3-66 6- 3-68 5-20-75 7-14-75

11-10-75

Subject

Dedication of street Electrical franchise Electrical franchise Establishes effective date of Charter Zoning ordinance Amendmep.t of zoning ordinance Amendment of zoning ordinance Amendment of zoning ordinance Annexation Annexation Annexation Construction of natural gas system CATV franchise Annexation Annexation Annexation

*Editor's note-Listed in this appendix are the ordinances adopted by the city prior to the adoption of this Code, which in the opinion of the editor were saved from repeal by Code of Ordinances section 1-4 and still may have some usefulness to users of the Code.

Cross references-Streets, sidewalks and other public places, Ch. 16; utilities, Ch. 20, zoning ordinance, App. A.


CODE COMPARATIVE TABLE

This is a chronological listing of the ordinances and resolutions of the City used in this Code. Repealed or superseded laws and any omitted materials are not reflected in this table.

Date of Section Ordinance Section this Code

11-12-24

3-22-27 6- 7-27

6- 2-30

4- 6-42 4- 4-50

3-19-51

7-15-52

4- 8-54 1- 9-55(Res) 6-27-58

12-15-58

9-13-60 9-29-60 1- 5-61 7- 3-61

11- 6-61 10- 1-62

2- 4-63 8- 3-64

9- 8-64

1 3-6

1 1 2 1 4

1-3

1,3 1 2 1

2-5 6 7 8 1

1-13 1, 2 1-7 9-12

13 14 1

1 1 1 1 2 3

2-6 1 2 3 4 5 2 5 6

1933

5-3 5-4 6-19 5-3 5-4 5-17 5-18 20-17

16-3 20-16 2-1

14-3 2-57 2-60-2-63 2-59 2-58 2-64

10-1 2-16-2-28 5-1 7-2-7-8 7-9-7-12 7-1 7-13

12-1 App. A (Note) 12-2 App. A, § VIII App. A, § VIII 6-34

12-32, 12-33 12-34 5-25-5-29

12-16 12-18 12-19 12-17 12-20 8-16 8-19 8-20

JASPER CODE

Date of Section Ordinance Section this Code

9-27-65 1-4 18-16-18-19 3- 7-66 1 6-16, 6-32,

6-47, 6-62, 6-77, 8-16

8- 1-66 1,2 16-1 4- 1-68(Res) 1-3 4-2

5 4-1 6 4-4

2-28-72 1,2 20-18 3,4 20-20 5,6 20-19

7 20-20 8 20-21

8- 7-72 1 15-1 9- 5-72 2 20-33

3 20-34 5 20-36

9-18-72 1 11-1, 11-2 2 11-3 3 11-4, 11-5

5-7 11-6 8-11 11-7-11-10

13 11-11 2- 2-73 1 9-1-9-3,

20-19 2-5 9-3-9-6

6 9-8 7 9-7

8-12 9-9-9-13 12-10-73 1 2-40

2 2-42 4 2-43 5 2-44 6 2-41 7 2-45

10-13-75 I, II 16-2

[The next page is 1955]

1934

STATUTORY REFERENCE TABLE

This table shows the location within this Code, either in the text or notes following the text, of references to the state law or related matters.

F.S. Section F.S. Section Section this Code Section this Code

95.241 Charter, Art. XIII, 166.101 Charter, Art. VI(note) § 150 166.201 Ch. 18(note)

Ch. 97 Charter, Art. III(note) 166.231 Ch. 18, Art. II(note) Ch. 97 7-1 177.011 Ch. 17(note) 101.5601 Charter, Art. III, Ch. 192 Ch. 18(note)

§ 34 193.116 Ch. 18(note) 104.45 7-1 Ch. 205 Ch. ll(note) Ch. 121 Ch. 2, Art. III(note) Ch. 351 Ch. 15(note) 163.205 App. A(note) 351.032 15-1 Ch. 166 Charter(note) Ch. 381 Ch. lO(note) 166.021 Charter, Art. !(note) Ch. 561 Ch. 4(note) 166.031 Charter(note) 562.14 4-2

Art. XIII, § 153 562.45(2) 4-2, 4-3 166.041 Charter, Art. II, Ch. 650 Ch. 2, Art. IV(note)

§ 23

[The next page is 1975]

1955

...

CHARTER INDEX A

ACT, CHARTER. See: Charter

ACTIONS

Section

City attorney, duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Pending actions and proceedings......................... 161 Rights and liabilities in succession . . . . . . . . . . . . . . . . . . . . . . . 3 Suits against city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150

AD VALOREM TAXES Power to levy and assess................................. 7(e)

Taxation. See that title

ADMINISTRATION Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Powers vested in manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

ADVERTISING Official prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

AGENCIES OF CITY. See: Departments and Other Agencies of City

AGREEMENTS. See: Contracts and Agreements

AMENDMENTS Charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153

Charter. See that title

AMUSEMENTS AND AMUSEMENT PLACES Admission charges, municipal powers re . . . . . . . . . . . . . . . . . 7(e)

APPEALS Municipal court ......................................... . 109(k)

APPOINTMENTS Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Official prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

APPROPRIATIONS Power to make........................................... 7(e)

Finances in general. See: Finances

ARRESTS Jail facilities ............ , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(d)

ASSESSMENTS Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Powers of city in general................................. 7(e) Taxation. See that title

1975

JASPER CODE

ATHLETIC EVENTS Admission charges, municipal powers re

ATTORNEY, CITY. See: City Attorney

AUDITS Council powers

B

BALLOTS

Section 7(e)

12

Voting machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Elections. See that title

BENEFITS Rights and liabilities in succession ...................... .

BEQUESTS Power to accept or refuse gifts, donations, etc. . .......... .

BLIGHTED AREAS Council powers ......................................... . Planning and zoning board powers ...................... .

Planning and zoning board. See that title

BOARD OF EQUALIZATION Establishment .......................................... .


BOARDS AND COMMISSIONS Agencies of city. See: Departments and Other Agencies of

City

BONDS Arrest, jail, prison, etc., provisions ...................... . Authority of city to issue ................................ . Contract execution requirements ........................ . Council powers ......................................... . Finances in general. See: Finances Former ordinances, etc., remain in force ................. . Official bonds ........................................... .

BOOKS

3

7(e)(5)

12 101 et seq.

125

7(d) 73 90 12

4 144

Functions and duties of city clerk . . . . . . . . . . . . . . . . . . . . . . . . 18

BORROWING Anticipation of property taxes ........................... .

Anticipation of other revenues ........................ . General powers of city .................................. .

BOUNDARIES

93 94

7(e), 73

Described . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1976

CHARTER INDEX

BRIBERY Official prohibitions

BUDGET Adoption

Finances of city in general. See: Finances

Section 100

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Functions, powers and duties of manager. . . . . . . . . . . . . . . . . 37

City manager. See that title

BUILDINGS Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

BURIAL GROUNDS Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(d)

BUSINESS ESTABLISHMENTS Power to license and regulate, generally ................. .

C

CALLINGS Power to license and regulate, generally ................. .

CAMPAIGN ACTIVITIES

7(e), 12

7(e), 12

Official prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

CANDIDATES FOR OFFICE Election procedures in general. .......................... .

Elections. See that title Official prohibitions .................................... .

CEMETERIES

28 et seq.

100

Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(d)

CERTIFICATES OF INDEBTEDNESS Bonds. See that title Debentures. See that title Finances in general. See: Finances Notes. See that title Powers of city............................................ 73

CHARTER Adoption

Elections, form of ballot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Notice of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Proposed charter to be published prior to election . . . . . . . 167 Submission to voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

Amending the charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Effect on existing indebtedness of city.................... 148 Effect on existing law.................................... 146 Election commissioners

Appointment to hold election and canvass returns . . . . . . 168

1977

JASPER CODE

CLASSIFIED SERVICE Section Officers and employees. See that title

CLERK. See: City Clerk

COLLECTOR City tax collector......................................... 136


COMMISSIONS AND BOARDS Departments and other agencies of city. See that title

COMPLAINTS City attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

CONDEMNATION Acquisition of property................................... 7(c)

Property. See that title

CONFLICTING INTERESTS Official prohibitions . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 100

CONTRACTS AND AGREEMENTS Acquisition of property .................................. . Bond ordinance requirement ............................ . Competitive bidding .................................... .

Purchasing. See that title Continuity .............................................. . Contracts extending beyond one year .................... . Contracts for city improvements ........................ . Contracts remain binding ............................... . Emergency appropriations .............................. .

Finances. See that title Former ordinances, etc., remain in force ................. . Necessary parties to instruments ........................ . Official prohibitions .................................... . Prohibited, when ........................................ .

Finances. See that title

CONTROVERSIES

7(d) 90 87

160 140 88

5 91 et seq.

4 149 100 83

City attorney, duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

CORPORATION Continuation of incorporation . ·. . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Municipality. See that title

CORPORATE SEAL. See: Seal

COUNCIL. See: City Council

COUNCIL-MANAGER GOVERNMENT Form of government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

1980

CHARTER INDEX

COUNSEL FOR CITY City attorney ........................................... .

City attorney. See that title

COUNTY OF HAMILTON

Section 108

Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(d)

COURTS Subpoena, etc., powers of council . . . . . . . . . . . . . . . . . . . . . . . . . 20

CURBING Council powers

DEBENTURES Bonds. See that title Finances in general. See: Finances

12

D

Power of city to issue .............. , . . . . . . . . . . . . . . . . . . . . . 73

DEBTS Contracts remain binding ........ , ...................... .

Contracts and agreements. See that title Former ordinances, etc., remain in force ................. . Succession to rights and liabilities ...................... . Taxes to pay ............................................ .

DECREES AND CHOSES IN ACTION Rights and liabilities in succession ...................... .

DEEDS

5

4 164

7(e)

3,164

Necessary parties to instruments . . . . . . . . . . . . . . . . . . . . . . . . . 149

DEFENSE City attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

DEPARTMENT OF FINANCE Administrative departments in general .................. . 39 Director, etc ............................................. . 74 et seq.

Finances. See that title

DEPARTMENT OF PERSONNEL Administrative departments in general .................. . 39 Generally ............................................... . 98 et seq.

Officers and employees. See that title

DEPARTMENTS AND OTHER AGENCIES OF CITY Administrative departments.............................. 39 Board of equalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

Taxation. See that title City manager. See that title Continuity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

1981

JASPER CODE

FINANCES-Cont'd. Receipts from special assessments ..................... .

Municipal utility surplus Anticipated surplus ................................... .

New sources of revenue ................................. . Notes redeemable prior to maturity ...................... . Payment of notes ....................................... . Proposed expenditures .................................. .

Comparison with other years .......................... . Public service enterprises

Anticipated surplus ................................... . Receipts from special assessments ....................... . Sale of notes ............................................ .

Report of sale ......................................... . Special assessments

Receipts from ......................................... . Succession to rights and liabilities ...................... . Surplus ................................................. . Taxes and assessments, generally ....................... .

Taxation. See that title Transfer of funds ....................................... . Transfers of appropriations ............................. . Utilities, public service enterprises

Miscellaneous revenues ............................... . Work programs ......................................... .

FINES, FORFEITURES AND PENALTIES Disposition of fines in municipal court .................. .

FIRE DEPARTMENT

Section 66

64 67 95 97 68 69

64 66 96 96

66 3,164

62 et seq. 7(e)

71 81

64 79

109(h)

Establishment........................................... 110

FIRE PROTECTION Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

FISCAL RESPONSIBILITIES. See also: Finances Functions, powers and duties of manager. . . . . . . . . . . . . . . . . 37

City manager. See that title

FORM OF GOVERNMENT Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Municipality. See that title

FRANCHISES Rights and liabilities in succession ...................... .

G

GARBAGE AND TRASH Collection and removal

3,164

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

1986

JASPER CODE

CHARTER INDEX

JURISDICTION Council powers ......................................... . Court, jail, prison, etc .................................... .

L

LAND

Section 12

7(d)

Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(c) Property. See that title

LEASES Acquisition of property... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(c)

Property. See that title

LEGAL REPRESENTATION City attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

City attorney. See that title

LEGISLATION Ordinances, resolutions, etc. See that title

LIABILITIES Succession to rights and liabilities . . . . . . . . . . . . . . . . . . . . . . . 3, 164

LIBRARIES Power to provide for .................................... . 7(e)(6), 12

LICENSES AND PERMITS General powers of city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(e)

LIENS Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

LOCAL ORDINANCES Enactment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Ordinances, resolutions, etc. See that title

LOW INCOME HOUSING Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

LOYALTY OATH Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

M

MANAGER. See: City Manager

MAPS. See: Surveys, Maps and Plats

MAYOR Absence or disability. . . . . . . . . . . . . . . .. . . . .. . .. .. .. . . . .. . .. 11 Assistant mayor......................................... 11 Chairman of council .. . . . . . . . . . .. .. .. . . . .. . . . .. . . . . . . . . . . 11

1989

JASPER CODE

MAYOR-Cont'd. City council ............................................. .

City council. See that title Necessary parties to instruments ........................ . Suits against city ....................................... . Vacancy ................................................ .

MONEY OF CITY. See: Finances

MORTGAGES

Section 8 et seq.

149 150 11

Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(c) Property. See that title

MUNICIPAL COURT Alternate judge ......................................... . Appeals ................................................. . Contempt ............................................... . Costs of court ........................................... . Establishment, functions, duties ......................... . Fines, disposition ....................................... . Jail, police, arrest, etc., provisions ....................... . Judge ................................................... . Papers recorded ......................................... . Rules of court ........................................... . Suits against city ....................................... . Trials without jury ...................................... .

MUNICIPAL ELECTIONS Generally ............................................... .

Elections. See that title

MUNICIPAL JUDGE

109(1) 109(k) 109(e) 109(g) 109 109(h)

7(d) 109(a) 109(i) 109(f) 150 109(j)

28 et seq.

Compensation, powers, etc... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Mayor

Assistant mayor, etc.................................... 11 Compensation when acting as. . . . . . . . . . . . . . . . . . . . . . . . . . 10

Officers excepted from city manager's control . . . . . . . . . . . . 42

MUNICIPAL SEAL. See: Seal

MUNICIPALITY Body politic and corporate in perpetuity, continuation ... . Boundaries ............................................. . Continuation of incorporation ........................... . Former ordinances, etc., remain in force ................. . Rights and liabilities in succession ...................... .

N NOMINATIONS

1 2 1 4 3,164

Official prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Primary elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30


1990

CHARTER INDEX

NOTES Authority of city to issue ................................ . Bonds. See that title Finances in general. See: Finances Payment ................................................ . Redeemable prior to maturity ........................... . Report of sale ........................................... . Sale .................................................... .

NOTICES

Section 73

97 95 96 96

Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

NUISANCES Council powers ......................................... . 12

0

OATH, AFFIRMATION, SWEAR OR SWORN Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Oath of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

OBLIGATIONS Contracts remain binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Contracts and agreements. See that title Former ordinances, etc., remain in force . . . . . . . . . . . . . . . . . . 4

OCCUPATIONS Power to license and regulate, generally . . . . . . . . . . . . . . . . . . 7(e)

OFFICERS AND EMPLOYEES Administrative departments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Appointments

Council interference............................ . . . . . . . 15 Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Functions, powers and duties of manager. . . . . . . . . . . . . . . 37

City manager. See that title Merit basis of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Official prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

City attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 City attorney. See that title

City clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 City clerk. See that title

City manager. See also that title Administration of city government . . . . . . . . . . . . . . . . . . . . . 6 Rights of manager and other officers in council. . . . . . . . . 138

Classified service Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

Conflicting interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Continuance of present officers. . . . . . . . . . . . . . . . . . . . . . . . . . . 156


1991

JASPER CODE

PUBLIC RECORDS-Cont'd. Municipal court papers or instruments .................. . Necessary parties to instruments ........................ . Power of council to require production ................... . Publicity of records ..................................... . Transfer of records and property ........................ .

Succession in government. See that title

PUBLIC WAYS

Section 109(i) 149 20

142 158

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

PUBLIC WORKS AND IMPROVEMENTS Continuance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

PURCHASING Accounting control ...................................... . Acquisition of property .................................. .

Property. See that title Competitive bidding .................................... . Contracts and agreements. See that title Division of purchases ................................... .

Finance department in general. See: Finances Emergency appropriations .............................. .

Borrowing to meet .................................... . Necessary parties to instruments ........................ .

R

RACE DISCRIMINATION

89 7(c)

87

86

91 92

149

Official prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

REAL PROPERTY Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(c)

JASPER CODE

STATE LEGISLATURE Former ordinances, etc., remain in force _ ................ .

STORM SEWERS Council powers ............ ····· ....... . ..... ······· .... '

STREETS AND SIDEWALKS Council powers .................. . .. ······· ..... .

SUBDIVISIONS Planning and zoning board .... _ ..

Planning and zoning board. See th~t tit!~···············

SUCCESSION IN GOVERNMENT Asse~sment and tax collection in first fiscal ea Contmuance of contracts Y r · · · · · · · · · - . - ~-- ....................... .

Section 4

12

12

101 et seq.

154 160

CHARTER INDEX

POWERS OF CITY-Cont'd. Rights and liabilities in succession ...................... . Vested in an elective council, etc ......................... .

PRIMARY ELECTIONS

Section 3 6

Nominations............................................. 30 Elections. See that title

PRISONS AND PRISONERS Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(d) Jail facilities

Acquisition, contracting with county for use, etc. . . . . . . . 7(d)

PRIVILEGES Acquisition of property .................................. .

Property. See that title Rights and liabilities in succession ...................... .

PROCEEDINGS

7(c)

3,164

Pending actions and proceedings. . . . . . . . . . . . . . . . . . . . . . . . . 161

PROFESSIONAL PERSONS Power to license and regulate, generally . . . . . . . . . . . . . . . . . . 7(e)

PROMENADES Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(d) Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

PROMOTIONAL AND CAMPAIGN ACTIVITIES Official prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

PROPERTY Acquisition, general powers of city ...................... . Council powers ......................................... . Former ordinances, etc., remain in force ................. . Rights and liabilities in succession ...................... . Transfer of records and property ........................ .

PROSECUTIONS

7(c) 12

4 3,164

158

City attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

PUBLIC AMUSEMENTS Admission charges, municipal powers re . . . . . . . . . . . . . . . . . 7(e)

PUBLIC EMERGENCIES Powers of city ........................................... .

PUBLIC INSTITUTIONS Power to provide for aid and support .................... .

PUBLIC LIBRARY. See: Libraries

PUBLIC RECORDS

7(e)(4)

7(e)(6)

Charter to be recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Functions and duties of city clerk . . . . . . . . . . . . . . . . . . . . . . . . 18

1995

JASPER CODE

PUBLIC RECORDS-Cont'd. Municipal court papers or instruments .................. . Necessary parties to instruments ........................ . Power of council to require production ................... . Publicity of records ..................................... . Transfer of records and property ........................ .

Succession in government. See that title

PUBLIC WAYS

Section 109(i) 149 20

142 158

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

PUBLIC WORKS AND IMPROVEMENTS Continuance of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

PURCHASING Accounting control ...................................... . Acquisition of property .................................. .

Property. See that title Competitive bidding .................................... . Contracts and agreements. See that title Division of purchases ................................... .

Finance department in general. See: Finances Emergency appropriations .............................. .

Borrowing to meet .................................... . Necessary parties to instruments ........................ .

R

RACE DISCRIMINATION Official prohibitions ................ .

REAL PROPERTY

89 7(c)

87

86

91 92

149

100

Acquisition of property................................... 7(c) Property. See that title

Ad valorem taxes assessments . . . . . . . . . . . . . . . . . . . . . . . . . . 7(e) Taxation. See that title

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Rights and liabilities in succession . . . . . . . . . . . . . . . . . . . . . . . 3

RECALL Elective officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Removal of officers, procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . 137


RECORDS Public records. See that title

REFERENDUM. See: Initiative and Referendum

REGISTRATION OF VOTERS Election procedures ..................................... . 28 et seq.


1996

CHARTER INDEX

RELIGIOUS AFFILIATIONS Official prohibitions .................................... .

REPEALS

Section 100

Former ordinances, etc., remain in force . . . . . . . . . . . . . . . . . . 4

RESOLUTIONS. See: Ordinances, Resolutions, Etc.

RETIREMENT. See: Pensions and Retirements

REVENUE OF CITY. See: Finances

RIGHTS Acquisition of property .................................. .

Property. See that title Former ordinances, etc., remain in force ................. . Rights and liabilities in succession ...................... . Succession to rights and liabilities ...................... .

s

SANITARY SEWERS

7(c)

4 3,164

164

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

SANITATION. See: Health and Sanitation

SEAL Authority to have, change and use . . . . . . . . . . . . . . . . . . . . . . . 7(b) Functions and duties of city clerk . . . . . . . . . . . . . . . . . . . . . . . . 18

SEP ARABILITY Separability clause of charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153


SIDEWALKS Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

SIGNATURES Necessary parties to instruments ........................ . 149

SLUM CLEARANCE Council powers ......................................... . 12 Planning and zoning board ............................. . 101 et seq.


SPECIAL ASSESSMENTS Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

SPORTS Admission charges, municipal powers re 7(e)

STAGNANT WATER Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

1997

JASPER CODE

STATE LEGISLATURE Former ordinances, etc., remain in force ................. .

STORM SEWERS

Section 4

Colllncil powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

STREETS AND SIDEWALKS Colllncil powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

SUBDIVISIONS Planning and zoning board ............................. .


SUCCESSION IN GOVERNMENT Assessment and tax collection in first fiscal year ........ . Continuance of contracts ................................ . Continuance of present officers .......................... . Continuity of officers, departments, agencies ............ . Officers and employees. See also that title

Rights preserved .................................... : .. Pending actions and proceedings ........................ . Public improvements, continuance ...................... . Rights and liabilities of municipality .................... . Rights of personnel preserved ........................... . Status of officers and employees

Holding positions when charter takes effect ........... . Succession to rights and liabilities ...................... . Transfer of records and property ........................ . When provisions take effect ............................. .

SUITS AND PLEAS City attorney ........................................... . Pending actions and proceedings ........................ . Power to sue and be sued ................................ . Suits against city ....................................... .

SUPERANNUATED PERSONNEL Power to provide for

SURETY BONDS

101 et seq.

154 160 156 159

155 et seq. 161 160

3 155

157 3,164

158 162

108 161

7(b) 150

7(e)(7)

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

SURVEYS, MAPS AND PLATS Adoption of plats

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Municipal boundaries described . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Official map of city

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Planning and zoning board powers and duties. . . . . . . . . . . . 103


1998

CHARTER INDEX

T

TANGIBLE PERSONAL PROPERTY Power to levy and assess taxes .......................... .


TAX ASSESSOR

Section 7(e)

Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124

TAXATION Assessment and collection of taxes

Generally ............................................. . Assessment roll

Certification, recording ................................ . Changes .............................................. . Returning certified roll to assessor, changes ........... . Tax assessor's affidavit to ............................ .

Board of equalization Assessment roll to .................................... . Generally ............................................. .

Borrowing in anticipation of property taxes, etc .......... . Finances. See that title

Budget determinations, etc. . ............................ . Budget in general. See: Finances

City tax assessor and tax collector ...................... . Collection of taxes

Form of warrant ...................................... . Council powers ......................................... . Delinquent payments

Penalty ............................................... . Delinquent taxes

Preparation of list .................................... . Discounts for early payment ............................ . Enforcement of tax collections .......................... . Errors and omissions in assessments .................... . Exempt property ........................................ . Extension of tax roll .................................... . Finances of city generally. See: Finances First fiscal year

Assessment and tax collection in ...................... . Levying and certifying taxes as equalized ............... . Liens

Council powers ....................................... . Powers of city, generally ................................ . Rate of assessment ...................................... . Returns ................................................. . Rights and liabilities in succession ...................... . Rights preserved ........................................ .

Successibn in government. See that title

1999

123

126 127 127 129

124(t) 125 93

54

136

130 12

132

133 131 134 124(b) 135 124(e)

154 128

12 7(e)

124(d) 124(c)

3,164 155

JASPER CODE

TAXATION-Cont'd. Section Special assessments

Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Tax assessor

Affidavit to assessment roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Warrant to collect taxes, form.......................... 130

Tax roll Preparation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124

When taxes due and payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131

TERRITORY LIMITS Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

TITLES Succession to rights and liabilities 164

TRADES Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Power to license and regulate, generally . . . . . . . . . . . . . . . . . . 7(e)

TRIALS WITHOUT JURY Municipal court .. . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . .. .. . . . 109(j)

u UNCLASSIFIED SERVICE


UTILITIES Acquisition of property .................................. . Council powers ......................................... . Service charges ......................................... .

V

VOCATIONS

7(d) 12

152

Power to license and regulate, generally . . . . . . . . . . . . . . . . . . 7(e)

VOTING Official prohibitions . . . . . . . . . . . . . . . . . .. .. . . . .. . . . . . . .. . . . 100

VOTING MACHINES Providing and use of. . . . .. . . . . . . . . . . . . . .. .. .. . . . . . . . . . . . . 34


w WARRANTS

Tax collection warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Taxation. See that title

WATER AND SEWERS Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Service charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

2000

CHARTER INDEX

WATERWORKS Section Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(d)

WEEDS AND BRUSH Council powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

WELFARE Acquisition of property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7(d)

WITNESSES Power of council to subpoena. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

WRITS, WARRANTS AND OTHER PROCESSES Council: or manager

Investigations by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Suits against city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150

z ZONING

Council powers ......................................... . Planning and zoning board ............................. .

Planning and zoning board. See that title Replanning and redevelopment of neighborhood and

disaster areas Powers of council ..................................... .

2001

12 101 et seq.

107

CODE INDEX

ABANDONED MATERIALS Nuisance abatement regulations

Nuisances. See that title

A

ADMINISTRATION. See specific subjects

ADVERTISING Evidence of doing business .............................. .

Licenses and permits. See that title Handbill distribution .................................... .

Handbill distribution. See that title Posting on public property .............................. . Zoning requirements, App. A

Zoning. See that title

ADVERTISING VEHICLES

Section 10-16 et seq.

11-10

3-16 et seq.

3-1

Applicability of other provisions . . . . . . . . . . . . . . . . . . . . . . . . . 3-35 Prohibited, when. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-36

Licenses Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-37

Sound trucks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-38 Speed of vehicle.. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . 3-37

AFFIRMATION. See: Oath, Affirmation, Swear or Sworn

AGENCIES OF CITY. See: Departments and Other Agencies of City

AIR POLLUTION Nuisance abatement regulations


ALCOHOLIC BEVERAGES Churches or schools

10-16 et seq.

Location restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1 Hours of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-2 Violations, penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-4

ALLEYS Street, etc., defined to include . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

Streets in general. See: Streets and Sidewalks

AMENDMENTS Amendments to code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7

Code of ordinances. See that title

AMPLIFICATION Sound trucks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-38

Advertising vehicles. See that title

2003

JASPER CODE

BRIDGES Advertising matter, posting ............................. .

BUILDING CODE Adoption ............................................... . Conflicting provisions ................................... . Construction materials, removal ......................... .

Garbage and trash. See that title Dangerous buildings .................................... .

Dangerous buildings. See that title Definitions .............................................. . Electrical code .......................................... .

Electrical code. See that title Fire district established ................................. . Fire prevention code adopted ............................ .

Fire prevention code. See that title Gas code ................................................ .

Gas code. See that title Housing code ........................................... .

Housing code. See that title Plumbing code .......................................... .

Plumbing code. See that title Violations, penalty ...................................... . Zoning requirements, App. A


BUILDING PERMITS

Section 3-1

6-16 6-17 9-7

6-92 et seq.

6-18 6-32 et seq.

6-19 8-16 et seq.

6-62 et seq.

6-77 et seq.

6-47 et seq.

6-20

Electrical connection requirements . . . . . . . . . . . . . . . . . . . . . . . 6-34 Zoning requirements, App. A


BUILDINGS (Miscellany) General code definitions ................................. . 1-2 Nuisance abatement regulations ........................ . 10-16 et seq.


BURNING Burning of garbage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6

Garbage and trash. See that title

BUSINESS ESTABLISHMENTS Occupational licenses ................................... .

Licenses and permits. See that title

C

CALLINGS Occupational licenses ................................... .


2006

11-1 et seq.

11-1 et seq.

CODE INDEX

CANDIDATES Names on ballots ....................................... .


CANVASSERS Peddler's permits ....................................... .

Peddlers, canvassers and solicitors. See that title

CAPITAL IMPROVEMENT REQUIREMENTS Subdivisions, in ......................................... .

Subdivisions. See that title

CARCASSES OF ANIMALS, ETC. Nuisance abatement regulations


CATTLE Livestock running at large, etc ........................... .

Animals and fowl. See that title

CHARTER

Section 7-10

13-18 et seq.

17-16

10-16 et seq.

5-3 et seq.

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

CHICKENS Livestock running at large, etc ........................... . 5-3 et seq.


CHIEF OF POLICE Office created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1 Police department. See that title Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-2

CHILDREN. See: Minors

CHURCHES Alcoholic beverage provisions ........................... .

Alcoholic beverages. See that title

CINDERS, SOOT, FUMES OR GAS Nuisance abatement regulations ........................ .


CIRCULARS Handbill distribution regulations ........................ .

Handbill distribution. See that title

CISTERN Nuisance abatement regulations


CITY

4-1 et seq.

10-16 et seq.

3-16 et seq.

10-16 et seq.

Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

2007

JASPER CODE

CITY CLERK Bond of ................................................. . Retirement system responsibilities ....................... . Social security responsibilities ........................... .

CITY COUNCIL Defined ................................................. . Elections ............................................... .

Elections. See that title Vacancies, filling ....................................... .


CITY PERSONNEL. See: Officers and Employees

CLERK. See: City Clerk

CLUBS

Section 2-1 2-45 2-64

1-2 7-1 et seq.

7-12

General code definitions.................................. 1-2

CODE OF ORDINANCES* Amendments to code..................................... 1-7

Supplementation of code. See hereinbelow that subject Certain ordinances not affected by code . . . . . . . . . . . . . . . . . . 1-4 Copies of ,code

Respone,ibility of officers re . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10 Definitions and rules of construction . . . . . . . . . . . . . . . . . . . . . 1-2 Designated and cited, how . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 Fines, forfeitures and penalties

Code does not affect prior offenses, etc. . . . . . . . . . . . . . . . . . 1-5 Section catchlines and other headings

Effect.................................................. 1-3 Numbering system explained. See the preface to this

volume Severability.............................................. 1-11 Supplementation of code

Amendments to code................................... 1-7 Generally.............................................. 1-8 Special or temporary ordinances, exclusion............. 1-9

Violations Continuing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6 General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6 Prior offenses, rights, etc.

Code does not affect.................................. 1-5

COMMISSIONS AND BOARDS Agencies of city in general. See: Departments and Other

Agencies of City ---*Note-The adoption, amendment, repeal, omissions, effective date,

explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volum,e.

2008

CODE INDEX

COMPREHENSIVE ZONING ORDINANCE. See: Zoning

CONFLICTING PROVISIONS

Section

Certain ordinances not affected by code . . . . . . . . . . . . . . . . . . 1-4

CONSTITUTION Severability of unconstitutional parts . . . . . . . . . . . . . . . . . . . . 1-11

CONSTRUCTION MATERIALS Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-7


CONTRACTS AND AGREEMENTS Prior contracts, code does not affect . . . . . . . . . . . . . . . . . . . . . . 1-5

CORPORATE SEAL. See: Seal

CORPORATIONS General code definitions.................................. 1-2

COUNCIL. See: City Council

COUNTY Defined.................................................. 1-2

cows Livestock running at large, etc ........................... .


D

DANGEROUS BUILDINGS Abatement by city ...................................... . Building code in general ................................ .

Building code. See that title City costs declared lien .................................. . Defined ................................................. . Emergency abatement by city ........................... . Hearing officer

Appointment of . . . . . ................................ . Hearing and order of. ................................. .

Judicial review .......................................... . Lien established, when ............................. , .... . Notice of hearing ....................................... .

Service of notice ...................................... . Review of hearing by city council ....................... . Taxes, lien collected as . . ............................... . Unlawful to keep or maintain ........................... . Zoning requirements, App. A


DEAD ANIMALS Nuisance abatement regulations


2009

5-3 et seq.

6-100 6-16 et seq.

6-102 6-92 6-99

6-96 6-97 6-101 6-102 6-94 6-95 6-98 6-102 6-93

10-16 et seq.

JASPER CODE

OFFICERS AND EMPLOYEES-Cont'd. Without pay .......................................... .

Permanent employees ................................... . Personnel rules and regulations

Scope ................................................. . Specific regulations. See herein specific subjects

Probationary employees ................................. . Records, filing .......................................... . References in code to officials by title, etc., construed .... . Retirement system ...................................... .

Retirement system. See that title Separations ............................................. . Sick leave ............................................... . Social security .......................................... .

Social security. See that title Suspensions ............................................ . Temporary or part-time employees ....................... . Vacation leave .......................................... .

OFF-STREET PARKING Zoning requirements, App. A


OLD AGE AND SURVIVORS INSURANCE Social security .......................................... .

Social security. See that title

OR,AND Construed .............................................. .

ORDER TAKERS Peddler's permits ....................................... .


ORDINANCES. See: Code of Ordinances

ORGANIZATIONS

Section 2-25 2-20

2-16

2-18 2-28 1-2

2-40 et seq.

2-27 2-22

2-57 et seq.

2-27 2-19 2-21

2-57 et seq.

1-2

13-18 et seq.

General code definitions.................................. 1-2

OUTDOOR BURNING Garbage and trash . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-6


OWNER Construed

p

PAMPHLETS Handbill distribution regulations ........................ .


2022

1-2

3-16 et seq.

CODE INDEX

PAPERS Handbill distribution regulations ........................ .


PARADES


Dispersement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-34 Permits

Issuance or denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-33 Required............................................... 12-32

PARKING Certain ordinances not affected by code . . . . . . . . . . . . . . . . . . 1-4 Zoning requirements, App. A


PARTNERSHIP General code definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

PART-OWNER General code definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

PAVEMENT Cost of improvement projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-1

Streets and sidewalks. See that title Permission to excavate streets. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-3

PEDDLERS, CANVASSERS AND SOLICITORS Business hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-6 Definitions............................................... 13-1 Entrance to premises restricted .. , ............. , . . . . . . . . . . 13-4 Exceptions to provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-2 Hours of operation ............................ , . . . . . . . . . . 13-6 Misrepresentations, false or fraudulent statements........ 13-5 Permits ·

Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-19 Display . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-25 False information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-21 Fee.................................................... 13-23 Fingerprints, photographs required of applicant . . . . . . . . 13-22 Issuance restricted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-24 Provisions applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-20 Required............................................... 13-18 Revocation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-26

Refusing to leave when requested . . . . . . . . . . . . . . . . . . . . . . . . 13-3

PEDESTRIANS Sidewalk, defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

Sidewalks in general. See: Sidewalks

PENALTIES. See: Fines, Forfeitures and Penalties

2023

JASPER CODE

PENSIONS Section Retirement system ...................................... . 2-40 et seq.

Retirement system. See that title Social security .......................................... . 2-57 et seq.

Social security. See that title

PERMITS. See: Licenses and Permits

PERSON Construed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

PERSONNEL SYSTEM. See: Officers and Employees

PHOTOGRAPH ORDER TAKERS Peddler's permits ....................................... .


PIGS Livestock running at large, etc ........................... .


PIPE LINES

13-18 et seq.

5-3 et seq.

Construction over........................................ 16-2 Streets and sidewalks. See that title

PISTOLS Firearms registration, etc ................................ .

Firearms and weapons. See that title

PLANNING Zoning requirements, App. A


PLATS. See: Surveys, Maps and Plats

PLUMBING CODE· Adoption of standard plumbing code .................... . Building code in general ................................ .

Building code. See that title Conflicting provisions ................................... . Definitions .............................................. . Gas code ................................................ .

Gas code. See that title Violations, penalty ...................................... .

POLES AND WIRES

12-16 et seq.

6-47 6-16 et seq.

6-48 6-49

6-62 et seq.

6-50

Posting advertising matter .... : . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1

POLICE DEPARTMENT Bonds required for police officers......................... 14-3 Chief of police

Office created . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-1 Powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-2

2024

CODE INDEX

POLICE DEPARTMENT-Cont'd. Firearms registration ................................... .

Firearms and weapons. See that title Polling place police protection ........................... .


POLLS


7.9

Opening and closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-5 Elections. See that title

POSTING Public property, on....................................... 3-1

POULTRY Livestock running at large, etc ........................... . 5-3 et seq.


PRECEDING, FOLLOWING Construed .............................................. . 1-2

PROCESSIONS Parade permits ......................................... . 13-32 et seq.

Parades. See that title

PROFESSIONS Occupational licenses ................................... . 11-1 et seq.


PROPERTY General code definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2

PUBLIC ADDRESS SYSTEMS Sound trucks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-38

Advertising vehicles. See that title

PUBLIC ASSEMBLIES. See: Assemblies

PUBLIC HEALTH. See: Health and Sanitation

PUBLIC NUISANCES. See: Nuisances

PUBLIC PLACE Defined.................................................. 1-2

PUBLIC PROPERTY Posting on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1

Advertising. See that title

PUBLIC RECORDS Copies of code, responsibility of officers re................ 1-10

Code of ordinances. See that title

2025

JASPER CODE

ZONING (Appendix A)-Cont'd.

Building official , ....................................... . Building permits

Administration and enforcement ...................... . Application pending .................................. .

Buildings Approval required to move ............................ . Continuing existing uses .............................. . Restoring unsafe buildings ............................ . Zoning affects every structure and use ................. .

Business districts B-1 neighborhood business zone Requirements ................ , ........................ .

Business districts B-2 general business zone Requirements ......................................... .

Certain ordinances not affected by code ................. . Certificate of occupancy ................................. . Changes and amendments .............................. .

Provisions. See hereinbelow that subject Comprehensive zoning map

Boundaries ........................................... . Corner setbacks ......................................... . Definitions ............................ , ................. . Design standards

Off-street parking, etc ................................. . Public parking areas .................................. .

Districts Use districts .......................................... . Zone boundaries ...................................... .

Enclosures. See hereinbelow: Fences, Walls, Hedges and Enclosures

Exceptions and modifications ........................... . Fences, walls, hedges and enclosures

Corner set-back, intersection visibility ................. . Exceptions and modifications ......................... .

General provisions ...................................... . Group housing .......................................... . Hedges. See hereinabove: Fences, Walls, Hedges and

Enclosures Height regulations

Exceptions and modifications ......................... . Generally ............................................. .

House moving approval ................................. . Industrial district I industrial zone

Requirements ......................................... . Intersection visibility .. .. . . ............................ . Loading, off-street ...................................... . Lot area, reduction ...................................... . Map. See hereinabove: Comprehensive Zoning Map Modifications and exceptions ........................... ..

2036

Section

xv

xv III(5)

III(13) III(2) III(4) III(!)

XI

XII 1-4

XV(C) XVII

V III(7) II

IIl(lO)(C) III(9)

IV V

XIV

IIl(7) XIV(D) III 111(6)

XIV(A) III(ll) IIl(13)

XIII IIl(7) IIl(lO) III(l2)

XIV

CODE INDEX

ZONING (Appendix A)-Cont'd. Moving buildings, approval ............................. . Nonconforming uses .................................... . Off-street loading space ................................. . Off-street parking

Design standards for public parking areas ............. . Planning and zoning board of appeals .................. . Plans, filing ............................................ . Professional zone P zone

Requirements ......................................... . Provisions

Changes and ordinance amendments .................. . Effective date ......................................... . General provisions .................................... . Repealer .............................................. . Short title ............................................. . Validity .............................................. .

Public parking areas Design standards ..................................... .

Recorded lots less than minimum area .................. . Reduction of lot area .................................... . Residence district R-1 one family zone

Specific requirements ................................. . Residence district R-lA one family zone

Specific requirements ................................. . Residence district R-1B one family zone

Specific requirements ................................. . Residence district R-2 multiple family zone

Specific requirements ................................. . Setbacks

Corner setbacks ....................................... . District requirements. See herein specific districts Exceptions and modifications ......................... .

Signs and billboards .................................... . Structures. See hereinabove: Buildings Subdivision regulations ................................. .

Subdivisions. See that title Swine prohibited in city ................................. .

Animals and fowl. See that title Trees and shrubbery

Intersection visibility and corner setback .............. . Use districts ............................................ .

Specific requirements. See herein specific districts Uses

Continuing existing uses .............................. . Nonconforming uses .................................. .

Violations and penalties ................................ . Visibility at intersections ............................... .

2037

Section III(13) III(3) III(lO)

III(9) XVI XV(B)

X

XVII xx III XIX I XVIII

III(9) III(12)(B) III(12)(A)

VI

VII

VIII

IX

IIl(7)

XIV(C) IIl(8)

17-1 et seq.

5-5

IIl(7) IV

IIl(2) IIl(3) XV(D) IIl(7)

JASPER CODE

ZONING (Appendix A)-Cont'd. Walls. See hereinabove: Fences, Walls, Hedges and

Enclosures Words and phrases ...................................... . Yard regulations

Exceptions and modifications ......................... . Projections into yards ................................. .

Zone boundaries ........................................ . Zoning board of appeals. See hereinabove: Planning and

Zoning Board of Appeals Zoning changes and ordinance amendments

Generally ............................................. . Provisions. See hereinabove that subject

Zoning map. See hereinabove: Comprehensive Zoning Map

2038

Section

II

XIV(B) XIV(C) V

XVII

Documents

C~ODJ.~ OJ.., ORDINANCES