Article I. In General  

§ 1-1. How Code designated and cited.
Latest version.

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances of the City of Lake Wales, Florida," and may be so cited.

(Code 1962, § 1-1)

§ 1-2. Definitions and rules of construction.
Latest version.

In the construction of this Code, and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:

Charter. The word "Charter" shall mean the Charter of the City of Lake Wales as printed in Part I of this volume.

City. The word "city" shall be construed as if the words "of Lake Wales" followed it.

City commission. Whenever the words "commission" or "city commission" are used, they shall be construed to mean the City Commission of the City of Lake Wales.

Code. The word "Code" shall mean the Code of Ordinances of the City of Lake Wales, Florida, as designated in section 1-1.

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday or legal holiday.

County. The word "county" shall mean the County of Polk.

F.S. The abbreviation "F.S." shall mean the latest edition or supplement of the Florida Statutes.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

(Code 1962, § 1-2)

§ 1-3. Catchlines of sections.
Latest version.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor unless expressly so provided, shall they be deemed as part of a section when any of such section, including the catchline, is amended or reenacted.

(Code 1962, § 1-3)

§ 1-4. History notes.
Latest version.

The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.

§ 1-5. References to chapters or sections.
Latest version.

All references to chapters or sections are to the chapters and sections of this Code unless otherwise specified.

§ 1-6. References and editor's notes.
Latest version.

The references and editor's notes appearing throughout the Code are not intended to have any legal effect but are merely intended to assist the user of the Code.

§ 1-7. Effect of repeal of ordinances.
Latest version.

(a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

(Code 1962, § 1-4)

§ 1-8. Certain ordinances not affected by Code.
Latest version.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:

(1) 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 such Code;

(2) Any ordinance promising or guaranteeing the payment of money by the city, or authorizing the issuance of any bonds of the city, or any evidence of the city's indebtedness, or any contract, agreement, lease, deed or other instrument or obligation assumed by the city or creating interest and sinking funds;

(3) Any franchise, permit or other right granted by any ordinance;

(4) Any ordinance establishing salaries of city officers and employees;

(5) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, or vacating any street, alley or other public way in the city;

(6) Any appropriation ordinance or any ordinance levying or imposing taxes;

(7) Any ordinance providing for local improvements and assessing taxes therefor;

(8) Any ordinance of the city granting a railroad company the right to construct spur railroad tracks in the city;

(9) Any ordinance authorizing any encroachment on any city or public property;

(10) Any ordinance or code or parts thereof adopted by reference by any section of such code and not included herein;

(11) Any ordinance dedicating or accepting any plat or subdivision in the city;

(12) Any ordinance or resolution establishing or amending personnel rules or regulations;

(13) Any ordinance establishing street grades;

(14) Any ordinance prescribing subdivision regulations;

(15) Any ordinance or resolution prescribing taxicab passenger rates;

(16) Ordinances prescribing traffic regulations for specific streets, such as ordinances establishing speed limits or designating one-way streets, no parking areas, truck routes, stop intersections, intersections where traffic is to be controlled by signals, etc.;

(17) Any ordinance establishing or amending zoning or land use regulations or the zoning map or the official plat of the city or rezoning property;

(18) Any ordinance calling municipal elections or prescribing the manner of conducting the election in accordance with state law;

(19) Any ordinance prescribing any fee or payment of money to the city;

(20) Any ordinance prescribing the number, classification, benefits or compensation of any city officers or employees, not inconsistent herewith;

(21) Any ordinance which is temporary although general in effect;

(22) Any ordinance which is special although permanent in effect;

(23) Any ordinance containing any administrative provisions;

(24) The special act converted to an ordinance by the Charter § 9.02 which was adopted by reference by Ordinance Number 57-13, enacted January 21, 1958, regarding the library, Laws of Fla. Ch. 57-1488;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the city clerk's office.

(Ord. No. 62-1, § 3, 2-20-62)

§ 1-9. Code does not affect prior offenses, rights, etc.
Latest version.

(a) Nothing in this Code or the ordinance adopting this Code shall affect 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 Code.

(b) The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this Code.

§ 1-10. Additions and amendments deemed incorporated in Code.
Latest version.

Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city to make the same a part hereof, shall be deemed to be incorporated herein, so that reference to the Code shall be understood and intended to include such additions and amendments.

§ 1-11. Amendments to Code; effect of new ordinances; amendatory language.
Latest version.

(a) All ordinances passed subsequent to this Code of Ordinances which amend, repeal or in any way affect this Code of Ordinances may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from said Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code of Ordinances and subsequent ordinances numbered or omitted are re-adopted as a new Code of Ordinances by the city commission.

(b) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section ____________ of the Code of Ordinances of the City of Lake Wales, Florida, is hereby amended to read as follows:…." The new provisions shall then be set out in full as desired.

(c) In the event a new section not heretofore existing in the Code is to be added, the following language shall be used: "That the Code of Ordinances of the City of Lake Wales, Florida, is hereby amended by adding a section to be numbered ____________, which said section reads as follows:…." The new section shall then be set out in full as desired.

(d) All sections, articles, chapters or provisions desired to be repealed must be specifically repealed by section, article or chapter number, as the case may be.

(Code 1962, § 1-6)

§ 1-12. Supplementation of Code.
Latest version.

(a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city commission. A supplement to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c) When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ____________ to ____________" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

§ 1-13. Severability of parts of Code.
Latest version.

It is hereby declared to be the intention of the city commission that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 1962, § 1-5)

§ 1-14. Altering Code.
Latest version.

It shall be unlawful for any person, firm or corporation in the city to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Lake Wales to be misrepresented thereby.

(Code 1962, § 1-7)

§ 1-15. General penalty; continuing violations.
Latest version.

Whenever in this Code or in any ordinance of the city any act is prohibited, made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, or where the doing or not doing of any act is defined as a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of the Code or any ordinance 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. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.

(Code 1962, § 1-8)

§ 1-16. Assessment of additional court costs; use for law enforcement education.
Latest version.

(a) The provisions of this section shall apply to all violations of state law, county ordinance, and municipal ordinance occurring within the city limits, except parking violations.

(b) In addition to any fine or other penalty, there shall be assessed two dollars ($2.00) in court costs against every person convicted of a violation of state law, county ordinance or municipal ordinance as provided in paragraph (a) above. Any person whose adjudication of guilt is withheld pursuant to the provisions of F.S. § 318.14(9) or § 318.14(10) shall also be assessed such costs. In addition, two dollars ($2.00) of every bond estreature or forfeited bail bond shall be assessed as court costs.

(c) Pursuant to F.S. § 938.15, the court costs imposed hereby shall be utilized solely for police education and training.

(Ord. No. 98-08, § 1, 5-5-98)

§ 1-17. Prohibition of contracts providing indemnification.
Latest version.

(a) No contract entered into by or on behalf of the city shall contain any provision by which the city agrees to indemnify, any other party to the contract.

(b) In the event that the city is unable to negotiate the removal of an indemnification provision from a proposed contract and the city finds it must or may only receive the product or service contracted for from the vendor which refuses or is otherwise unable to remove the proposed indemnification provision, the city commission may make a finding that this prohibition may be waived if it is deemed to be in the best interest of the public to acquire the product or service from the vendor from which the product or service is required.

(Ord. No. 2008-12, 7-1-08)