PREFACE

____________

VOLUME I

____________

Published in 2011 by Order of the City Council

____________

Adopted: June 16, 2011
Effective: July 1, 2011

____________

>

OFFICIALS

of the

CITY OF

ST. PETERSBURG, FLORIDA

AT THE TIME OF THIS RECODIFICATION

____________

David W. "Bill" Foster

Mayor

____________

Herbert E. Polson, Councilmember District 1

James R. Kennedy, Jr., Councilmember District 2

William H. Dudley, Councilmember District 3

Leslie Curran, Councilmember District 4

Steven L. Kornell, Councilmember District 5

Karl Nurse, Councilmember District 6

Wengay M. Newton, Councilmember District 7

Jeffery R. Danner, Councilmember District 8

City Council

____________

John Wolfe

City Attorney

____________

Eva Andujar

City Clerk

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of St. Petersburg, Florida.

Source materials used in the preparation of the Code were the 1992 Code, as supplemented, and ordinances subsequently adopted by the City Council. 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 1992 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

With the exception of Chapter 16, Land Development Regulations, which uses a three part 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 by using one of the reserved chapter numbers. 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
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

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 Bill Carroll, Senior Code Attorney, and Shelly Hayes, Editor, 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. Mark Winn, Chief Assistant City Attorney for his cooperation and assistance during the progress of the work on this publication. It is hoped that his efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

ORDINANCE NO. 1012-G

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF ST. PETERSBURG, FLORIDA; ESTABLISHING THE NEW CODE OF ORDINANCES AS THE ST. PETERSBURG CITY CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED IN THE NEW CODE OF ORDINANCES, EXCEPT AS EXPRESSLY PROVIDED HEREIN; PROVIDING FOR THE MANNER OF AMENDING THE NEW CODE OF ORDINANCES; PROVIDING FOR RATIFICATION AND CONFIRMATION OF CERTAIN ORDINANCES AND MUNICIPAL ACTIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; AND PROVIDNG FOR AN EFFECTIVE DATE.

THE CITY OF ST. PETERSBURG DOES ORDAIN:

Section 1. That this ordinance, including the Appendix to this ordinance consisting of Chapters 1 through and including 30, is hereby adopted and enacted as the "St. Petersburg City Code" (referred to herein as the 'Code') and shall be treated and considered as a new and original comprehensive ordinance which shall supercede the "St. Petersburg City Code, 1973," as adopted by Ordinance 52-F and as recodified by Ordinance 293-F and Ordinance 49-G and all other general and permanent ordinances passed by the City Council prior to and including Ordinance 1010-G approved on February 17, 2011, except such ordinances as are expressly saved from repeal or continued in force and effect for any purpose.

Section 2. That all provisions of the Code shall be in full force and effect from the effective date of this ordinance. Any ordinance of a general and permanent nature of the City of St. Petersburg which was enacted on final passage prior to and including Ordinance 1010-G approved on February 17, 2011, and which is not in such new Code or recognized and continued in force by reference therein, is hereby repealed as of the effective date of this ordinance, except as hereinafter provided. Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by the new Code. No resolution of the City Council is hereby repealed.

Section 3. That the repeal provided for in Section 2 hereof shall not affect any offense or act committed or done or any penalty, liability or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance nor shall such repeal affect any of the following ordinances:

(a)

Any ordinances described in Section 1-12 of the new St. Petersburg City Code.

(b)

Any ordinance amending the zoning map.

(c)

Any ordinance relating to the authority for the sale of alcoholic beverages in any area or upon any tract of land in the City.

(d)

Any ordinance or Code or parts thereof adopted by reference by any section of this Code and not included herein.

(e)

Any ordinance relating to, adopting or amending the comprehensive plan or future land use plan map of the City.

(f)

Any ordinance approving or amending a community redevelopment area, a community redevelopment plan, or tax increment financing area.

(g)

Any ordinance adopting or relating to a development order for a development of regional impact.

(h)

Any ordinance authorizing or relating to a specific development or development agreement for a portion of the City, including but not limited to, ordinances approving redevelopment agreements.

(i)

Any ordinance relating to specific parcels of real estate, including but not limited to, annexation ordinances and development agreements related to annexation.

(j)

Any ordinance relating to pensions or retirement benefits, eminent domain, City boundaries, annexation, or extraterritorial powers of the City.

(k)

Any ordinance relating to the City budget, taxation, or special assessments.

(l)

Any ordinance relating to the powers and duties of elected or appointed officers of the City.

(m)

Any ordinance relating to any Grand Prix automobile race.

(n)

Any other ordinance which is not intended to or does not specifically amend the St. Petersburg City Code.

Section 4. Any and all additions or amendments to the 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 the Code so that any subsequent reference to the "St. Petersburg City Code" shall be understood and intended to include such additions and amendments.

Section 5. A copy of the Code shall be kept on file in the office of the City Clerk in looseleaf form. It shall be the express duty of the City Clerk or the City Clerk's designee to insert in the designated places all amendments or ordinances which indicate the intention of the City Council to make them a part of this Code when they have been printed or reprinted in page forms, and to remove from the Code all provisions which may be repealed by the City Council.

Section 6. It shall be unlawful for any person, as described in Section 1-2 of the Code, to violate or fail to comply with any provision of the Code and where no specific penalty is provided therein, the violation of any provision of the Code 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 as described in Section 1-7 of the Code. With respect to violations of the Code that are continuous with respect to time, each day the violation of any provision of the Code continues shall constitute a separate offense and shall be punishable as such. In addition to the penalties prescribed above, the City may pursue all other legally available remedies including but not limited to the abatement of nuisances, injunctive relief, revocation of licenses or permits and any other relief, equitable or otherwise.

Section 7. In case of the amendment of any section of the Code for which a penalty is not specifically provided, the general penalty as provided in Section 1-7 shall apply to the section as amended.

Section 8. The provisions of this ordinance shall be deemed to be severable and the invalidity of any provision shall not affect the validity of the remaining provisions.

Section 9. All ordinances contained in this Code are ratified and confirmed effective as of the date(s) of their original effective date(s) and all municipal actions taken pursuant to such ordinance(s) are ratified and confirmed.

Section 10. To the extent that the Code conflicts with or is inconsistent with any ordinance or ordinances adopted subsequent to February 17, 2011 and prior to July 1, 2011, or initiated on first reading prior to July 1, 2011, and adopted after July 1, 2011, the said ordinance or ordinance subsequently adopted shall govern and be incorporated into the Code. Where such subsequently adopted ordinances reference or refer to the numbering system of the previous code, such references shall be changed to be consistent with the numbering system of the Code adopted hereby.

Section 11. In the event this ordinance is not vetoed by the Mayor in accordance with the City Charter, it shall become effective on July 1, 2011. In the event this ordinance is vetoed by the Mayor in accordance with the City Charter, it shall not become effective unless and until the City Council overrides the veto in accordance with the City Charter, in which case it shall become effective immediately upon a successful vote to override the veto.

First reading conducted on the 3 ^rd day of March, 2011.

Adopted by St. Petersburg City Council on second and final reading on the 17 ^th day of March, 2011.

Reconsidered on the 24 ^th day of March, 2011 to allow additional time to work through some issues related to the new section numbering.

Final adoption by St. Petersburg City Council of the New Code of Ordinances, as amended, on the 16 ^th day of June, 2011.

	/s/         James R. Kennedy       Chair-Councilmember       Presiding Officer of the       City Council

ATTEST:

/s/         Eva Andujar City Clerk

Title Published: Times 1-t 3/7/2011