Fellsmere Council looking to strengthen codes, rules against challenge

FELLSMERE — The Fellsmere City Council is considering several changes to various codes and ordinances that would make legal challenges more difficult. The changes, too, would help clarify the city’s policies. Among the proposed ordinances recommended for changes are those regarding horse riding through town, peddlers, and hunting on private property.

The changes are all scheduled for their first public hearings on May 17 and their second, final hearings on June 7 during the Fellsmere City Council meetings. The public is encouraged to speak on the proposed changes at those times.

Community Development Director Mark Mathes told the council at a recent meeting that many of the proposed changes were at the request of City Attorney Warren Dill, who reviewed them for potential weaknesses to legal challenges.

Other changes have to do with recognizing annexations the city has conducted and ensuring that the rules are modified to address those new properties. One such change would be to Ordinance 2012-05, which addresses both hunting on private lands as well as horses and mules being used as transportation in commercial districts.

Mathes told the council that the city’s current codes don’t allow for fowl, but with the annexation of agricultural properties, certain agricultural landowners have such birds. The proposed change to the ordinance would not expand the allowance of fowl in residential areas, he added.

The changes would also address active hunting leases on private property as well as make it clear that riding horses and mules through town, using public space, would be allowed.

As for peddlers, Mathes and Dill have recommended changes to Ordinance 2012-12, which currently only consists of licensing peddlers. Mathes said they have researched ordinances from other municipalities to further enhance Fellsmere’s rules, which would allow for better enforcement and regulation.

Under the proposed changes, any business or organization – be it a non-profit or for-profit – would have to register with the City of Fellsmere, as is currently the case, and would have to provide identification and a copy of that registration before soliciting.

“It’s a safety issue of people you don’t know coming to your door,” Mathes told the council.

The city would charge a registration fee for each person, which would cover the cost of performing background checks and other related expenses.

Whether candidates running for elected office would have to register with the city before soliciting signatures or donations remains unclear. Dill said he would have to review the issue and would report back to the council.

Ordinances Under Review for Proposed Changes:

• Ordinance 2012-02/Amending Chapter 1, General Provision of the Code of Ordinances, Section 1-5, General Penalty, Continuing Violations and Violations as Public Nuisance.

• Ordinance 2012-03/Amending Chapter 2, Administration of the Code of Ordinances, Section 2-166 Authority, Section 2-168 Code Enforcement Special Master, Section 2-171 Enforcement Procedure, Section 2-173 Hearings and Procedures, Section 2-174 Penalties, Section 2-176 Liens, Section 2-177 Appeal, Section 2-179 Schedule of Civil Penalties and Costs.

• Ordinance 2012-04/Amending Chapter 6, Alcoholic Beverages of the Code of Ordinances, Section 6-5 Possession or Consumption in Public Prohibited, Section 6-6 Penalties.

• Ordinance 2012-05/Amending Chapter 17, Animals of the Code of Ordinances, Section 14-68 Bird and Wildlife Sanctuary, Unlawful to Shoot or Trap Bids and Certain Animals, Signs, Section 16-69 Animals in Parks, on Sidewalks, in Commercial Districts and Certain Other Areas, Riding Horses and Mules, Section 14-70 Keeping Livestock and Foul Restricted, Section 14-75 Enforcement and Adding new sections 14-76 Violations and Penalties.

• Ordinance 2012-06/Amending Chapter 18, Buildings and Building Regulation of the Code of Ordinances, Adding Sections 18-60 Local Amendments to the Building Code, Buildings, Section 18-61 Local Amendments to the Building Code, Existing Buildings and Section 18-62 Local Amendments to the Building Code, Residential and Amending Section 18-43 Standards for Repair, Vacation and/or Demolition, Section 18-145 Additional Duties of Building Official, Section 18-151 Violations, Penalty for Disregarding Notice or Orders, Section 18-204 Exemptions.

• Ordinance 2012-07/Amending Chapter 22, Businesses of the Code of Ordinances, Section 22-49 special Requirements for Carnivals, Circuses and other Amusement Attractions, Section 22-60 Penalty for Violation of Article, Revocation of License.

• Ordinance 2012-08/Amending Chapter 26. Elections of the Code of Ordinances, by adding Section 26-3 Election/Political signs.

• Ordinance 2012-09/Amending Chapter 30, Environment of the Code of Ordinances, Section 30-56 Definitions, Section 30-58 Illustrative Enumeration, Section 30-60 Violation of Article, Section 30-61 Notice to Abate, Section 30-62 Rules and Regulations Authorized, Adopted by Reference, Adding New Sections 30-55 Applicability, Section 30-63 Failure of Owner, Action by City, Lien Imposed, Appeal to Show Cause, Section 30-64 Authority to Expend Funds, Section 30-65 Alternative Remedies, Section 30-66 Rights Preserved, Section 30-67 Emergency Powers, Section 30-68 Immunity from Prosecution.

• Ordinance 2012-10/Amending Chapter 34, Fire Prevention & Protection of the Code of Ordinance, amending Section 34-53 fire Safety Inspections, Plan Review.

• Ordinance 2012-11/Amending & Replacing Chapter 38 Floods, of the Code of Ordinances with New Chapters & Sections, Chapter 1, Administration, Section 101 In General, Section 102 Flood Damage Prevention, Section 103 Duties and Powers of the FloodPlain Administrator, Section 104 Permits, Section 105 Site Plans and Construction Documents, Section 106 Inspections, Section 107 Variances and Appeals, Section 108 Violations, Chapter 2 Definitions, Section 201 General, Section 202 Definitions, Chapter 3, Flood Resistant Development, Section 301 Building and Structures, Section 302 Subdivisions, Section 303 Site Improvements, Utilities and Limitations, Section 304 Manufactured Homes, Section 305 Recreational Vehicles and Park Trailers, Section 306 Tanks, Section 307 Other Development.

• Ordinance 2012-12/Amending Chapter 62 Peddlers and Solicitors of the Code of Ordinances, Section 62-1 Licensing of Peddlers adding New Sections 62-2 Business Tax Receipt Required, Section 62-3 Exhibition of Business Tax Receipt, Section 62-4 Hours of Solicitation, Section 62-5 Solicitor Restrictions, Section 62-6 Enforcement, Section 62-7 Penalty, Information to be Shown or Provided, Section 62-8 Records, Section 62-20 Residential Areas, Section 62-21 Registration Required, Section 62-22 Exemptions from Registration Requirements, Section 62-23 Registration Information to be Shown or Provided, Section 62-24 Registration Form, Section 62-25 Credential Required, Section 62-40 Residential Areas, Section 62-41 Permit Required, Section 62-42 Application and Fee, Section 62-43 Investigation, Issuance or Denial of Permit, Contents, Section 62-44 Duration and Validity, Section 62-45 Revocation, Section 62-46 Appeals from Denial or Revocation, Section 62-60 Purpose of Scope, Section 62-61 Definitions, Section 62-62 Regulations, Section 62-63 Prohibition of Interference with Traffic Flow, Section 62-64 Permits Section 62-65 Issuance of Permits, Appeal, Section 62-66 Disclaimer, Section 62-67 Violations, Penalties, Section 62-80 Seasonal Sales Vendor, Section 62-81 Loud Noises and Speaking Devises and renumbering Section 62-26 Adoption of State Law to Section 62-82.

• Ordinance 2012-13/Amending Chapter 70 Streets, Sidewalks and Other Public Places of the Code of Ordinances, Section 710-1 Obstructing, Destroying Public Ways Generally, Section 70-48 Sidewalk Sales.

• Ordinance 2012-14/Amending Chapter 74 Traffic and Vehicles of the Code of Ordinances, Section 74-5 Limitation of Traffic on Certain Streets, Section 74-11 Driving on Public School Grounds, Section 74-14 Parking Prohibited in Specific Places, Section 74-15 Vehicle Restriction on Public Thoroughfares, Section 74-34 Schedule of Civil Penalties for Parking Violations, Section 74-38 One-Way Traffic, Section 74-39 Prohibited Activities, Section 74-41 Restrictions on Certain Heavy Vehicles, Section 74-42 Tandem Trailer Trucks Restricted, Section 74-43 Riding Bicycles on Sidewalks.

For details on the proposed changes of these ordinances, either open the attached PDF associated with this article or visit http://www.cityoffellsmere.org/agendasCO.php and click on the agenda for April 19. Each ordinance’s proposed changes are links under the agenda.