O-39-C
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CODE ORDINANCES
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92
ORDINANCE No. 39-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA DEFINING JUNK YARDS; PROHIBITING THE SAME EXCEPT BY
LICENSE; PROVIDING FOR THE PENALTY FOR THE VIOLATION THEREOF; PROVIDING
FOR SEPARABILITY; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLERMONT, FLORIDA:
Section 1:
That it shall hereafter be unlawful for any person, company,
corporation, association or any entity whatsoever to maintain or allow to
be maintàined a junk yard as defined herein upon its property within the
City of Clermont, Florida.
Section 2~
A junk yard as used herein shall be defined as any area of land,
including structures thereon, that is used or designed to be used for
the buying and selling at retail and/or wholesale, and/or storage, or
remodeling or reconditioning, of old, used or second-hand materials or
items of any kind, which among other include cloth, rubber, paper, rubbish,
bottles, iron, brass, copper, steel and other metals, furniture and used
inoperative motor vehicles or parts thereof, or other like articles,
exclusive of or in conjunction with any other use.
Section 3:
1. If it shall be determined by the City Manager or his delegate
that such conditions exist as would constitute a junk yard as defined
herein, then the City Manager shall so notify the owner and said owner
shall have TEN (10) days to correct such conditions; if the owner not be
present, then said notice may be given to any person occupying said
property; and if it be impractical to give the notice or written notice,
than by posting such notice upon said property; and the certificate by
the Clerk or City Manager of the City of Clermont of such notice shall be
prima facie evidence that said notice was given in the manner certified
to by the Clerk or City Manager.
2. The provisions of this Ordinance shall be enforced by the
City Manager and by the Chief of Police, or any member of their respective
departments designated by one of them. The City Manager and/or the
Chief of Police is authorized to remove or have removed any such machinery,
appliance, vehicles, boats, or parts thereof, scrap metal, and junk when
such items reasonably appear to be in violation of this Section after
notice as provided in Section '3, paragraph I herof. Such items shall
be impounded until lawfully claimed or disposed of in accordance with law.
3. It shall be unlawful and an offense for any person to violate
the provisions of this Section, and any violation hereof shall be punished
as hereinafter provided. Upon conviction of a violation of this Ordinance
as provided in Section 3, paragraph I, whoever shall be convicted shall
be punished by a fine not exceeding $100.00, or by imprisonment not
exceeding 10 days, or by both such fine and imprisonment.
4. This Ordinance shall be liberally construed to achieve the
purpose thereof.
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CODE ORDINANCES
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Section 4:
Any junk yard existing and licensed at the date of the enactment
of this Ordinance is hereby exempted.
Section 5:
If any article, section, clause or prov~s~on of this Ordinance be
deemed or held invalid by any court of competent jurisdiction for any
reason or cause, the same shall not affect or invalidate the whole of
this Ordinance, nor any part thereof, other"than that particular provision
deemed or held invalid.
Section 6:
All Ordinances, or parts of Ordinances, in conflict herewith are
hereby repealed.
Section 7:
This Ordinance shall be posted by law and it shall become law and
shall take effect immediately upon its being posted as provided by law.
First reading this 9th day of April, 1968
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, THIS 24th DAY OF April, 1968.
CITY OF CLEID10NT
By6A~~~
President of Council
ATTEST: \J~./'&), W /
City Clerk
APPROVEDD by me this 25th day of April, 1968
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Mayor
POSTED at the City Office, City of Clermont from April 25, 1968 to
May 2, 1968