CHARTER AND CODE OF ORDINANCES OF PANAMA CITY BEACH, FLORIDA

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Adopted: October 11, 2007
Effective: October 11, 2007

Published by Order of the City Council

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CURRENT OFFICIALS

CITY OF PANAMA CITY BEACH, FLORIDA

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Mike Thomas

Mayor

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Phil Chester

Vice Mayor

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Paul Casto

Geoff McConnell

Hector Solis

City Council

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Mario Gisbert

City Manager

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Holly White

Assistant to City Manager for Finance

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Jo Smith

City Clerk

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Amy Myers

City Attorney

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PREFACE

This Code constitutes a codification of the general and permanent ordinances of the City of Panama City Beach, Florida.

Source materials used in the preparation of the Code was the Panama City Beach Code, as supplemented through Supplement No. 19, December 15, 2006. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the Panama City Beach; Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. 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 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLE	CT:1

 

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Lawton Langford, President, and Janet Cramer, Account Manager, Electronic Supplementation, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mr. Douglas Sale, City Attorney, and Susan Moore, Municipal Paralegal, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the Panama City Beach; readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the Panama City Beach's affairs.

ORDINANCE NO. 1086

AN ORDINANCE OF THE CITY OF PANAMA CITY BEACH READOPTING AND ENACTING THE CODE OF ORDINANCES FOR THE CITY OF PANAMA CITY BEACH FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED IN SUCH CODE; PROVIDING FOR A PENALTY FOR VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING AND SUPPLEMENTING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ENACTED BY THE PEOPLE OF THE CITY OF PANAMA CITY BEACH, FLORIDA:

SECTION 1. The Panama City Beach Code of Ordinances, consisting of Chapters 1 through 28, each inclusive, and Appendix A, the Zoning Ordinance, but excepting Section 14-29, as published in 2007 by The Municipal Code Corporation on a compact disk printed for this Ordinance, by Order of the City Council (the "2007 Edition"), is hereby readopted and enacted as "The Code of Ordinances of Panama City Beach Florida," which Code shall supersede all prior codes and general and permanent ordinances of the City adopted on or before August 23, 2007, through and including Ordinance No. 1087 to the extent provided in Section 2 hereof.

SECTION 2. All provisions of the 2007 Edition of this Code shall be in full force and effect from and after the effective date of this ordinance, and all ordinances of a general and permanent nature of the City, adopted on final passage on or before August 23, 2007 (through and including Ordinance No. 1087), and not included in the 2007 Edition of this Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of the 2007 Edition of this Code; provided that nothing in this ordinance adopting the 2007 Edition of this Code shall in any way be construed as superseding, readopting or in any way affecting any ordinances of the city assessing license taxes or license fees, which ordinances have been compiled in the 2007 Edition of this Code as Section 14-29 for the convenience of the users of the 2007 Edition of this Code.

SECTION 3. Nothing in the 2007 Edition of this Code or this Ordinance shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:

(a)

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 ordinance;

(b)

Any ordinance or resolution promising or guaranteeing the payment of money for the City, authorizing the issuance of any bonds of the City, any evidence of the City's indebtedness or any contract or obligations assumed by the City;

(c)

Any ordinance which is temporary, although general in effect, or special, although permanent in effect;

(d)

Any administrative ordinances or resolutions of the City not in conflict or inconsistent with the provisions of this Code;

(e)

Any right or franchise granted by the City by any ordinance;

(f)

Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the City;

(g)

Any appropriation ordinance;

(h)

Any ordinance levying or imposing taxes;

(i)

Any ordinance pertaining to City personnel regulations, salaries, benefits or retirement of officers and employees of the City;

(j)

Any ordinance prescribing traffic regulations for specific locations, through streets, parking prohibitions, parking limitations, one-way traffic, limitations on load of vehicles, or loading zones, not inconsistent with this Code;

(k)

Any ordinance establishing or amending zoning designations;

(l)

Any ordinance establishing and prescribing the street grades of any street in the City;

(m)

Any ordinance providing for local improvements and assessing taxes therefor;

(n)

Any ordinance dedicating or accepting any plat or subdivision in the City;

(o)

Any ordinance extending or contracting the boundaries of the City;

(p)

Any ordinance adopted after August 23, 2007;

(q)

Ordinance No. 302 adopting the 1985 Code;

(r)

Ordinance No. 413 adopting the 1993 Code;

(s)

Any ordinance establishing or amending the City Comprehensive Plan.

Any and all such ordinances are hereby recognized as continuing in full force and effect to the same manner as if set out at length herein. Nothing in this ordinance shall in any way be construed as superseding, readopting or in any way affecting any ordinances of the City assessing licenses taxes or license fees, which ordinances have been compiled in the 2007 Edition of this Code as Section 14-29 ("License Tax Schedule") for the convenience of the users hereof. In addition, pursuant to Chapter 2006-152, Laws of Florida, whenever the term "license tax" or "occupational license" was used in Section 14-29, it shall be editorially changed to "business tax" or "business tax receipt," as the context may require, without changing the meaning or effect of the phrase affected.

SECTION 4. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

SECTION 5. Unless another penalty is expressly provided, a violation of any provision of the 2007 Edition of this Code, or any provision of any rule or regulation adopted or issued pursuant thereto, shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days or by both such fine and imprisonment in the discretion of the court.

SECTION 6. Any and all additions and amendments to the 2007 Edition of this Code when passed in such form as to indicate the intention of the City to make the same a part of such Code, shall be deemed to be incorporated in the 2007 edition of this Code, so that reference to the 2007 Edition of this Code shall be understood and intended to include such additions and amendments.

SECTION 7. In the case of the amendment or addition of any section of the 2007 Edition of this Code for which a penalty is not provided, the general penalty, as provided in Section 5 of this Ordinance and in Section 1-12 of the 2007 Edition of this Code shall apply to the section as amended, or in case such amendment contains provisions 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 8. Any ordinance adopted after August 23, 2007, which amends or refers to ordinances which have been codified or published in this Code, shall be construed as if they amend or refer to like provisions of this Code.

SECTION 9. This ordinance and the 2007 Edition of this Code adopted hereby, shall become effective as of October 11, 2007 .

PASSED, APPROVED AND ADOPTED at the regular meeting of the City Council of the City of Panama City Beach, Florida, this 11th day of October , 2007. ;sigr; \Gayle F. Oberst, Mayor

ATTEST: ;sigl; \Holly J. White, City Clerk

EXAMINED AND APPROVED by me this 11th day of October , 2007. ;sigr; \Gayle F. Oberst, Mayor

PUBLISHED in the Panama City News-Herald on the 28th day of September, 2007.

POSTED AT:

PANAMA CITY BEACH CITY HALL Dated: 12 October, 2007

PANAMA CITY BEACH PUBLIC LIBRARY Dated: 12 October, 2007

WEST PANAMA CITY BEACH POST OFFICE Dated: 12 October, 2007