Laserfiche WebLink
nonconforming use were "grandfathered" there would appear <br />to be no valid reason for registration of them. Even for new <br />churches, it would appear that conformance to the zoning <br />ordinance could be ensured through building permit process <br />(which would entail, inter alia, checking for zoning <br />compliance) and change of use provisions of the zoning <br />ordinance. <br />If, on the other hand, this was adopted for purposes of <br />determining the eligibility of churches for utility tax <br />exemptions, it also seems unnecessary in that this could be <br />determined at the time a new church applies for utility <br />services. <br />13- 21-- -13 -27 (Curfew for minors): A general curfew for minors was <br />declared unconstitutional in W.J. W. v State of Florida, 356 <br />So.2d 48 (1 D.C.A.Fla., 1978), primarily because the <br />ordinance did not contain exemptions for lawful activities <br />other than employment. See also AGO 82 -22. However, <br />subsequent authority is granted in F.S. §§ 877.20 through <br />877.25 for municipal curfew ordinances, which statute does <br />contain other exemptions. Retain? Or, delete and adopt <br />F.S. §§ 877.20 - -- 877.25 by reference as permitted by <br />877.25? Note that this ordinance is more restrictive than the <br />statute (which is permitted under 877.25) in that a minor <br />under the statute is anyone under 16, while under this <br />ordinance a minor is anyone under 18. Also, note that <br />the statute prohibits minors who have been suspended or <br />expelled from being in or remaining in a public place, an <br />establishment or within 1000 feet of a school during the hours <br />of 9:00 a.m. to 2:00 pm. on any school day. <br />13- 31-- -13 -35 (Convenience store security): Note that F.S. § 812.1725 <br />preempts any local ordinance which comes into effect after <br />September 1988 insofar as it differs from F.S. §§ 812.173 <br />and 812.174. In light of such statute, insert the applicable <br />provisions of 812.173 and 812.174 in place of sections 13 -32 <br />and 13 -33? <br />13 -71 et seq (Public nudity): This is, essentially, the same offense <br />(exposure of sexual organs) prohibited by F.S. § 800.03 <br />which is a misdemeanor. However, since this is far more <br />21 <br />