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O-39-C ,;. . CODE ORDINANCES N~ 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. . . CODE ORDINANCES N~ 93 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 ~z~ Mayor POSTED at the City Office, City of Clermont from April 25, 1968 to May 2, 1968