MARION COUNTY CODE

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VOLUME I

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Published in 1985 by Order of the Board of County Commissioners

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OFFICIALS

OF MARION COUNTY, FLORIDA

AT THE TIME OF THIS CODIFICATION

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Roy Abshier
Tommy Needham
Murray Fugate
Gail Cross
Steve Gilman
Board of County Commissioners

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Frances E. Thigpen
Clerk of the Circuit Court

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Michael Milbrath
County Attorney

OFFICIALS

OF MARION COUNTY, FLORIDA

AS OF DECEMBER 2018

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Michelle Stone—Chairman
David Moore—Vice Chairman
Kathy Bryant
Carl Zalak, III
Jeff Gold
Board of County Commissioners

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Matthew G. Minter
County Attorney

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Mounir Bouyounes, PE
County Administrator

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Angel Roussel-Venegas, PE—Public Works
Regina "Jeannie" Rickman, CPM—Public Services
Assistant County Administrators

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David R. Ellspermann
Clerk of Court

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Samuel Martsolf
Growth Services Director

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Michael Savage
Building Safety Director

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George J. Albright, III
Tax Collector

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James Banta
Fire Chief

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William "Billy" Woods
Sheriff

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Villie M. Smith, CFA, ASA
Property Appraiser

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Wesley Wilcox
Supervisor of Elections

PREFACE

This Code is a codification of the ordinances of Marion County, Florida of a general and permanent nature.

Source materials used in the preparation of the Code were the ordinances adopted by the Board of County Commissioners. 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 volume, the reader can locate any 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. Footnotes which tie related sections of the Code together and which refer to relevant state laws 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 volume.

Numbering System

The numbering system used in this Code is the same system used in many state and county codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of chapter 3 is numbered 3-1 and the fourth section of chapter 3 is 3-4. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 3-3 and 3-4 is desired to be added, such new sections would be numbered 3-3.1, 3-3.2 and 3-3.3 respectively. New chapters may be included in the same manner. If the new material is to be included between chapters 3 and 4, it will be designated as chapter 3.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. 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 being assigned to the article or division.

Index

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

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into this Code, may be cited as a part hereof.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets 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 publishers 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

The publication of this Code was under direct supervision of George R. Langford, President, Roger D. Merriam and Rebecca Deneve 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 publishers are most grateful to Mr. Michael Milbrath, attorney for the board of county commissioners, and Mrs. Frances E. Thigpen, clerk of the circuit court, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publishers have resulted in a Code which will make the active law of Marion County readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the County's affairs.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ORDINANCE NUMBER 86-8

An Ordinance of Marion County, Florida Adopting and Enacting the Marion County Code; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violations Thereof; Providing for the Manner of Amending Such Code; Providing for a Severability Clause; and Providing for an Effective Date.

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA:

Section I:  The Code of Ordinances, consisting of Chapters 1 to 19 each inclusive, including Supplements No. 1 and 2, is hereby adopted and enacted as the "Marion County Code," which Marion County Code shall supersede all general and permanent ordinances of Marion County passed on or before October 22, 1985, to the extent provided in Section II hereof.

Section II:  All provisions of the Marion County Code shall be in full force and effect from and after May 1, 1986, and all ordinances of a general and permanent nature enacted on final passage on or before October 22, 1985, and not included in the Marion County Code or recognized and continued in force by reference therein and hereby repealed from and after the effective date of the Marion County Code, except that this repeal shall not affect the so-called developmental ordinances, which are continued in effect and which will be published separately in Volume II of the Marion County Code. These developmental ordinances include those already exempted from repeal under section 1-5(6) and include but are not necessarily limited to the following:

73-4
73-9
77-8
77-9
79-1
79-8
81-3
81-16
81-17
83-1
83-24
83-25
83-26
83-27
83-29
84-1
84-3
84-4
84-6
84-7
84-8
84-12
84-13
84-17
84-20
84-21
84-22
84-24
84-27
85-1
85-2
85-3
85-4
85-5
85-7
85-8
85-9
85-12
85-15
85-16

Section III:  The repeal provided for in Section II 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 IV:  Whenever in the Marion County Code any act is prohibited, or is made or declared to be unlawful, or an offense; or whenever in the Marion County Code the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the Marion County Jail not to exceed sixty (60) days or by both such fine and imprisonment. Each day any violation of any provision of the Marion County Code shall continue shall constitute a separate offense, unless otherwise provided. In addition to any penalty provided by law for the violation of any of the provision of such Marion County Code, the board of county commissioners of Marion County, Florida, may being [bring] suit in the appropriate circuit court to enjoin, restrain or otherwise prevent the violation of the provisions of such Marion County Code.

Section V:  Any and all additions and amendments to the Marion County Code, including any and all ordinances adopted subsequent to October 22, 1985, and prior to the date of adoption of this Marion County Code, shall be deemed to be incorporated in the Code, so that reference to the Code shall be understood and intended to include the additions and amendments.

Section VI:  In case of the amendment of any section of the Marion County Code for which a penalty is not provided, the general penalty as provided in Section IV of this ordinance and in section 1-9 of the Marion County Code shall apply to the section as amended, or in case the 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 the other section be held to relate to the sections so amended, unless the penalty is specifically repealed therein.

Section VII:  Any ordinance adopted after October 22, 1985, which amends or refers to ordinances which have been codified in the Marion County Code shall be construed as if it amends or refers to like provisions of such Marion County Code.

Section VIII:  It is declared to be the intent of the board of county commissioners of Marion County, Florida, that if this ordinance is declared to be unconstitutional, inoperative or void, then all ordinances adopted on or before October 22, 1985, shall be revived and shall be in full force and effect as if this ordinance had not been enacted and all ordinances adopted after October 22, 1985, which amend or refer to the Code adopted hereby shall be construed as if they amend or refer to the ordinance from which the Marion County Code is derived.

Section IX:  A certified copy of this ordinance as enacted shall be filed by the clerk of the board with the office of the secretary of state of Florida within ten (10) days after enactment and this ordinance and the Code adopted hereby shall take effect May 1, 1986.

DULY ADOPTED this 22th day of April, 1986.

ATTEST:	BOARD OF COUNTY COMMISSIONERS MARION COUNTY, FLORIDA
/s/  _____ FRANCES E. THIGPIN, CLERK	/s/  _____ STEVE H. GILMAN, CHAIRMAN

 

ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON APRIL 22, 1986;

RECEIVED NOTICE FROM SECRETARY OF STATE ON APRIL 29, 1986 THAT ORDINANCE WAS FILED ON APRIL 25, 1986.

ORDINANCE NO. 95-40

An Ordinance Of The Board Of County Commissioners Of Marion County, Florida, Readopting The Marion County Code In Order To Promulgate Certain Changes In County Ordinances; And Providing An Effective Date.

WHEREAS, the Board of County Commissioners of Marion County, Florida, deem it advisable to promulgate certain changes in county ordinances appearing in the Marion County Code; and

WHEREAS, such changes have been included in Supplement No. 26 and Supplement No. 26 (revision) to the Marion County Code.

NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Marion County, Florida:

Section 1. The Marion County Code as supplemented and revised through Supplement No. 26 and Supplement No. 26 (revision), embracing ordinances of a general and permanent nature through Ordinance No. 95-22, adopted June 6, 1995, is hereby readopted.

Section 2. This ordinance promulgates certain changes in county ordinances deemed desirable by the Board of County Commissioners and only affects ordinances through Ordinance No. 95-22, adopted June 6, 1995.

Section 3. Effective Date. This ordinance shall be filed with the Office of the Secretary of State of the State of Florida and shall immediately take effect upon receipt of official acknowledgment from the Secretary of State that said ordinance has been filed with that office.

DULY ADOPTED this 7th day of November, 1995.

BOARD OF COUNTY
COMMISSIONERS
MARION COUNTY, FLORIDA

	/s/         JUDY D. JOHNSON,       CHAIRMAN

ATTEST:

/s/         FRANCES E. THIGPIN, CLERK

RECEIVED NOTICE FROM SECRETARY OF STATE ON NOVEMBER 14, 1995 THAT ORDINANCE WAS FILED ON NOVEMBER 13, 1995.