TABLE OF CONTENTS
GENERAL PROVISIONS--------------------- 1- 37
Definitions (also beginning each Chapter-- 1
Notices, Orders, Etc. ----------------- 11- 21
Appeals, Procedures, Etc. -------------- 31- 37
ADMINISTRATIVE CODE -------------------101- 180
Elections -------------------------- 101- 115
Commission Meetings ---------------- 121- 126
Order of Business and Rules ----------- 128- 139
SPrincipal Appointive Officers---------- 141- 145
Subordinate Officers ----------------- 146- 151
Plan and Advisooy Boards -------------- 151- 155
Finances --------------------------- 158- 165
Ordinances ------------------------- 171- 180
WELFARE CODE ------------------------- 201- 231
Board of Welfare -------------------- 202- 207
City Physician ------------------- 208(a)-(c)
Subordinate Officers, Etc. ------------- 209- 214
General Welfare Provisions -------- 215- 222
Clean Up ------------------------- 223
Public Nuisances ------------------------ 225- 231
ABatement Proedin ----------- 8 01
Diseases and Isolation -------------------- 235- 251
Garbage, Sewage and Sanitation ------------ 255- 264
Milk and Dairy Regulations ---------------- 268- 282
Food and Foodstuffs ---------------- --285- 296
WORKS, WAYS and UTILITIES---------------- 300- 357
Streets ------------------------- -- 311- 317.
Pavement, Walks and Curb ------------ 321- 326
Obstructions, Etc. ------------------- 331- 332
Parks and Property ------------------- 351- 357
Public Utilities ---------------------- 351- 357
ZONING CODE --------------------------- 401- 497
Definitions -------------- --------- 401(a)-(z)
Zone Classes and Bounds -------------- 402- 403
Use Regulations ---------------------- 404- 415
Height Regulations --------------- --- 421- 422
Area Regulations ------------------- 431- 432
Setback ------------------------- 441- 442
Rear Yard -----.. ------------------ 451- 452
Side Yard -------------------------- 456- 457
Non-Conforming Uses --------------- 461- 465
SBoard of Review and Appeals----------- 471- 479
Jurisdiction of Board----------------- 481- 482
Certificates of Occupancy-------------- 485- 492
Principles of Interpretation------------- 493- 496
2 r C.ITY CODE
BUILDING CODE -------------------------- 601- 595
Fire Limits ----------.. ------..------ 502
Permits ------.-------.---.--_..-- ..503
First and Second Limit Rules---------- 506- 7
Repairing Frame Buildings------------- 511-
Occupancy and Limitations------------ 513- 515
Walls and Specifications--------------- 517- 521
Openings ---------------------- 522- 523
Stairways and Shafts.------------.---- 525- 532
Roofs 5-__-- ----------- 541- 545
Doors, Exits and Fire Stops-------5---- 546- 547
Area Ways --------- ----------- 548-
Joists, Spans and Studding------.----. 550-
Frame Construction, etc.--------------. 551- 553
Buildings Over Indian River------------ 555- 557
Chimneys, Floors and Fireplaces ------- 561- 562
Heating Pipes, etc.-------------------- 563- 565
Stoves, Furnaces, etc. ----------------- 566- 570
Safety Provisions, Removal, etc.--------- 571- 594
Appeals in Building Matters------------ 595-
ELECTRICAL CODE ----------------------- 601- 699
Board, Examinations, Certificates-------- 602- 613
Inspection ------------------------ 621- 626
License, Bond and Duties ------------- 631- 632
Job Permits and Fees--------.--------- 641- 642
Construction Requirements ----------- 643- 645
Switches and Meters, Location---------- 651-
Meter Deposits --------------------- 652-
Connections and Disconnections--------- 653-
Current, Metering and Bills------------ 654- 671
Testing Meters ------ -------------- 672
Outside Service ---------------------- 681
City Liability --------------------- 691
Prosecution, Appeals, etc.-------------- 695- 699
PLUMBING and WATER SERVICE CODE ------- 700- 795
Board -------------------------- 701- 704
Duties, License and Bond ------------- 705- 706
Suspensions, etc. --------------------- 707- 708
Job Permits and Fees--------------- -709-
Inspection, Methods, etc.--------------- 711- 718
Pipes, Fittings, etc.-------------------. 721- 729
Traps, etc. --------------------_-- 731- 736
Vents --------------------------_- 737- 745
Fixtures Required -------------_- 751- 752
Closets and Urinals ----------------.- 761- 765
Sewer Connections ------------------- 771- 775
Catch Basins ------------------------ 777- 779
Water Service Provisions------------- 781- 795
CITY CODE 3
SAFETY and PROSECUTION CODE _-------- 801- 888
Fire Force and Regulations -------..-----_ 801- 815
Police Force and Regulations .-----_ ------- 821- 849
Municipal Court ---------------------- --- 851- 888
CRIMES, TRAFFIC AND PARKING CODE. ---- 901- 999
Specific Offenses --.._.._..-_- __-......_ 901- 905
Traffic and Parking---- ------ ------- 911- 999
Rules of the Road ----------------- 913- 923
Right of Way---------------------- 925- 929
Motor Vehicle Equipment------------- 931- 936
Traffic Provisions ------------------- 938- 956
Trailers and Pavement Protection------ 957- 964
Taxicabs and Air Vessels ------------- 966- 971
Regulation by Execution Order ------ 972
Parking Regulations ------------ ------- 976- 999
Time Limits -------------------------- 995- 999
LICENSE CODE ___--- ___... ------____..1001-1047
Schedule of License Fees ..---------. 1021-1047
An Ordinance Providing for the Adoption and Publication
of a Code of Ordinances of the City of Fort Pierce of a Gen-
eral and Permanent Nature, as Prepared by R. G. Anderson,
under the Direction and Supervision of the City Manager and
City Commission, to be Known as City Code of Fort Pierce;
determining the effect of invalidity or unconstitutionality of
any portion thereof; repealing certain Ordinances and Reso u-
tions; confirming certain Ordinances; and fixing time when this
Ordinance and the said Code shall become effective.
Be it enacted by the People of the City of Fort Pierce:
Section 1. (Approval and Adoption of City Code). That
the accompanying Code of Ordinances of the City of Fort
Pierce, of a Gentrail*,abd.'Permanent Nature, as prepared by
R. G. Anderson tiundr thb dwe~Uji -ad supervision of the City
Manager and City Commissiozi of Qd City, be and the same is
herebyenacted as Ordinances of the City q9 Fort Pierce, under
the' name and title of City Code of Fort Pierce, or Code.
Section.2., (VadityO). That if any section, clause, pro-
vision or portion of this Ordinance, or the said City Code of
Fort Pierce, proves or is held be invalid or unconstitutional;
the same shall not be held to invalidate, or impair the validity,
force or effect of any other section, part of section, provision
or portion of said Ordinance or Code, unless it clearly appears
that it is wholly or necessarily dependent for its operation
upon the section, part of section, provision or portion so held
to be invalid or unconstitutional.
Section 3. (Former Ordinances Expressly Repealed):
That the following described Ordinances of the City of Fort
Pierce heretofore passed, adopted, ordained or enacted, so far
rs they are still in force, and all Resolutions of the City Com-
r. s-ion and parts thereof, so far as they conflict with this Or-
i:na.ce and th~ said Code, are hereby repealed, to-wit:
CITY CODE 5
Ordinances passed by City Council numbered 1, 2, 3 (Ch.
1), 4 (Ch. 2), 5 (Ch. 3), 6 (Ch. 4), 7 (Ch. 5), 8 (Ch. 6), 9
(Ch. 7), 10, 11, 12 (Ch. 8), 13 (Ch. 9), 14 (Ch. 11), 15 (Ch.
12), 16, Ch. 10, 17 (Ch. 13), 18 (Ch. 14), 19, Ch. 15, 21%
(Ch. 17), 22, 23 (Ch. 18), 24 (Ch. 19), 25 (Ch. 20), 26 (Ch.
21), 28 (Ch. 23), Ch. 24, 31, 33 (Ch. 29), Ch. 31, Ch. 33,
Ch. 34, Ch. 38, Ch. 39, Ch. 40, Ch. 42, Ch. 43, Ch. 44, Ch. 45,
Ch. 46, Ch. 47, Ch. 48, Ch. 49, Ch. 54, Ch. 55, Ch. 56, Ch. 57,
Ch. 59, Ch. 60, A-6 (Ch. 61), A-11 (Ch. 66), A-12 (Ch. 67),
A-15 (Ch. 70), A-21 (Ch. 76, Pub. as Ch. 75), A-23 (Ch. 78),
A-24 (Ch. 79), A-28 (Ch. 83), Ch. 85, Ch. 87, Ch. 88, Ch. 89,
Ch. 90, Ch. 91, Ch. 92, Ch. 93, Ch. 94, Ch. 95, Ch. 96, Ch. 101,
Ch. 103, Ch. 104, Ch. 106, Ch. 108 (pub. as 106), Ch. 109,
Ord. pub. as Ch. 111, Ch. 113, Ch. 117, Ch. 118, Ch. 119 (pub.
as 117), Ch. 120 (pub. as 117), Ch. 121 (pub. as 118), Ch. 123
(pub. as 122), Ch. 124 (pub. as 120), Ch. 125 (pub. as 121),
Ch. 126, Ch. 127, and Ch. 128; also the following Ordinances-
enacted by the City Commission, numbered as follows: A-l,
A-2, A-3, A-4, A-5, A-7, A-8, A-9, A-10, A-11, A-12, A-14,
A-16, A-20, A-23, A-25, A-26, A-28, A-29, A-33, A-35, A-36,
A-39, A-43, A-45, A-51, A-52, A-53, A-54, A-55, A-57, A-58,
A-61, A-62, A-63, A-64, A-65, A-66, A-67, A-68, A-69, A-70,
A-71, A-72, A-73, A-74, A-75, A-76, A-77, A-79, A-80, A-82,
A-83, A-84, A-85, A-86, A-87, A-88, A-91, A-93, A-94, A-95,
A-96, A-97, A-98, A-101, A-106, and A-107.
Section 4. (Former Ordinances Confirmed): That the
following described Ordinances of the City of Fort Pierce, so
far as they are now in force, and not in conflict with the City
Charter and this Ordinance and Code, are hereby expressly
confirmed and declared to be and remain in force as of its
date and original enactment until hereafter repealed, to-wit:
Chapter 10, passed May 5, 1909; narrowing a part
of Iowa Avenue.
Chapter 26, approved November 15, 1911; authoriz-
ing an F. E. C. Railway sewer.
Chapter 32, approved January 20, 1913; establishing
Chapter 51, passed August 5, 1914; opening and ex-
tending Amelia Street and Hybiscus Avenue, etc.
Chapter 71, approved May 5, 1916; changing names
of certain streets.
Chapter 73, approved June 9, 1916; granting fran-
chise to A. T. & T. Co.
Ordinances No. 81, approved November 8, 1917;
authorizing F. E. C. Railway to erect storage
An Ordinance published as Chapter 105, Recorded as
Chapter 107, published in the News-Tribune May
6 CITY CODE
24, and May 31, 1921; approving plat of Park-
way Place, accepting dedicated streets and al-
leys, and authorizing deed to A. A. Hendry.
An Ordinance recorded as Chapter 110, passed Aug-
ust 3, 1921; closing a part of Court Street.
An Ordinance published as Chapter 107, recorded as
Chapter 112, passed July 6, 1921 (See News-
Tribune of August 9, 16, 23, 1921); abandoning
and closing certain streets in Stouder's Addi-
Chapter 114, published in News-Tribune February 24.
March 3, 1922; closing, vacating and abandon
ing the alley dividing the East and West halves
of Lot 9, of Block G, of the City of Fort Pierce,
Ordinance No. A-6, enacted June 6, 1923; changing
names of certain streets, numbering houses and
revising map, etc.
Ordinance No. A-15, enacted September 26, 1923; ex-
changing property near Norway Place with Fort
Pierce Finance and Construction Company.
Ordinance No. A-18, enacted November 14, 1923; to -
acquire property in Blocks "P" and "Q", Ditt-
mar and McCarty's Sub-division, widening and
fixing north boundary of Avenue "B", etc.
Ordinance No. A-19, enacted January 9, 1924; vacat-
ing a street west of F. E. C. Railway from Ave-
nue E to Dittmar Place, etc.
Ordinance A-22, enacted December 19, 1923; convey-
ing to Walter Peterson, land at 11th Street and
Ordinance No. A-24, enacted March 26, 1924; author-
izing sale of plant and franchise, etc. of Brevard
County Telephone Company to Southern Bell
Telephone and Telegraph Company, etc.; acquir-
ing use of space of one cross arm and granting a
Ordinance No. A-31, enacted November 12, 1924; re-
lating to gasoline pumps, etc., near street.
Ordinance No. A-40, enacted December 23, 1924; for
purchase of property in Sections 22 and 23,
Twp. 35, Range 40, for $4,088.00 (Waterworks
Ordinance No. A-42, enacted December 23, 1924; for
purchase of property for City Hall, Fire Station
CITY CODE 7
Ordinance No. A-46, for construction of certain
Ordinance No. A-47, enacted February 25, 1925; for
purchase of certain property, 66 ft. wide, 150 ft.
long, east of North 2nd Street, and north of a
continuation' of the south line of Avenue "B."
Ordinance No. A-48, enacted March 25, 1925; for
purchase of Lot 22, of Block "A", Assessor's Plat
of north part of Fort Pierce.
Ordinance No. A-50, enacted June 25, 1925; abandon-
ing and closing Palm Terrace and a 40-foot strip
west of F. E. C. Railway and north from Ave-
Ordinance No. A-88, enacted June 24, 1927; relating
to Revolving Fund Bonds.
Ordinance No. A-90, enacted August 10, 1927; ac-
cepting streets, etc., dedicated for use of City.
Ordinance No. A-99, enacted September 22, 1928;
creating First Industrial Zone.
Ordinance No. A-103; consolidating offices of City
Clerk and Treasurer.
Ordinance No. A-108; extending City Limits.
Ordniances No. A-110, A-111 and A-112; for quar-
antine against Mediterranean Fly; and,
Ordinance No. A-113; extending City Limits.
Section 5. (Special, Temporary and Obsolete Ordinances):
That all other Ordinances, not hereinbefore specifically
enumerated (considered temporary, obsolete, special or unim-
portant,, are neither confirmed nor repealed hereby, except by
repugnancy or implication.
Section 6. (When Effective): That this Ordinance and
the said City Code of Fort Pierce, Florida, shall be and become
effective upon publication.
8 CITY CODE
CITY OF FORT PIERCE
DEFINITIONS AND CONSTRUCTIONS:
1. Unless the context specifically shows a contrary in-
tent, wherever consistent with the purpose of the provision in
which used, words of this Code importing the masculine gender
shall be construed to include the feminine or neuter gender
form; words singular in form shall be construed to include the
plural form and vice versa; the words "person", "whoever",
"one", "anyone", etc., shall be construed to include and apply
to any natural person, firm, association or corporation; and,
except as otherwise defined for use in particular Chapters, the
following words and phrases shall be given the meaning, con-
struction and included intendment herein assigned to them,
(a) City: City of Fort Pierce, Florida, and the territory
included within its limits.
(b) Clerk: City Clerk of the City of Fort Pierce, Florida.
(c) Code: This Code of Ordinances (City Code); also each
separate Chapter relating to a particular subject.
(d) Commission: City Commission of Fort Pierce, Florida.
(c) Due Notice by Publication: Publication in a local paper
of general circulation in the City, at least one time,
thirty-six hours in advance of the meeting, hearing, pro-
ceeding, matter or act referred to, or time to become
(f) Executive Order: Written order of the City Manager,
published in a local newspaper, and filed in the offices
of Clerk and Desk Sergeant.
(g) Motor Vehicle: Any means of conveyance propelled by
other than muscular power.
(h) Ordinance: This Code or any Ordinance hereafter en-
acted or remaining in effect.
(i) Subordinates: Deputies, Superintendents, Inspectors,
and other subordinate officers and employes under the
supervision and control of the City Manager or Head of
(j) Treasurer: City Treasurer of the City of Fort Pierce,
(k) Way: Any street, avenue, al'ey, court, place, lane or
Other place used for general travel.
CITY CODE 0
NOTICES, ORDERS, ETC..
11. Nature, Time, Method, Service, Return, Etc.: When-
ever any notice, order or process of any kind is required or
authorized by any City Ordinance, and the details or particu-
lars thereof are not fixed or provided by law or Ordinance, in
any respect, the following provisions shall govern in such mat-
(a) It shall be in writing.
(b) Sixty hours' time shall elapse between the time of
giving or serving the same and the time for the meeting, hear-
ing or performance, etc.
(c) It shall be given, delivered to or served upon the
person or party in question in person, some associate, officer,
agent, servant, employee, or member of the family over fourteen
years of age, if any such person be found, otherwise by posting
on, at or near the place in question.
(d) Duplicate or copy thereof with return of service,
including exact time of service, indorsed thereon, shall be filed
in the proper office or with the City Clerk.
21. Permits and Immunity: Certain Ordinance pro-
visions may be waived by the City Managerwhen expressly
authorized thereby, but no officer or employee can authorize
or consent to any illegal act so as to bind the City in relation
thereto, provided, however, no prosecution in Municipal Court
shall lie for any act for which the City Manager, or the Head
of any Force or Department has granted immunity from prose-
cution as to matters principally relating to or under their re-
31. To City Manager: Any person aggrieved by any
ruling, regulation or order made or issued by any Head of a
Department, Inspector or other Subordinate Officer acting
undc!r the appointment and supervision of the City Manager;
may appeal to the City Manager for consideration and appro-.
priate action concerning the matter in question within the
limits of his authority.
32. To Boards: If the City Manager is unable or un-
willing to grant the relief desired, or his own orders, rulings
o: decisions are in question, an appeal may be taken 4* the
appropriate Board having jurisdiction of all such matters
under the provision of the respective Codes or Chapters
33. How Taken: Such appeal shall be taken by filing
with the City Treasurer a notice in writing specifying the
nature and substance of the order, rule or decision appealed
from, and depositing with him the sum of Five ($5.00) Dollars
as security for expenses and evidence of good faith.
10 CITY CODE
34. Time of Hearing: The Chairman of the Board that
is to consider the appeal in question shall be notified thereof
by the Treasurer, and shall fix the time and place for hearing;
which shall be not less than twenty-four (24) hours, nor more
than seventy-two (72) hours thereafter (except in cases of
emergency or unavoidable delay); and notify the Treasurer,
from whom appellant may learn of the time and place fixed.
35. Stay: If so ordered by the City Manager or Chair-
man of the Board in question, such appeal shall constitute a
Stay of Proceedings until further or final order.
36. Decision: If, upon hearing, the order, rule, regula-
tion or decision in question is sustained, the deposit shall be
retained; otherwise it shall abide the order of the Board, a
copy of which shall be filed with the Treasurer as soon as
practicable for delivery to appellant. Except as otherwise
provided by this Code, the decision of the Board in question
shall be final, subject only to review by a Court of Competent
37. Fai!uro of Board to Function: If any Board created
or provided for by this City Code should fail to function, the
office or position of each person at fault shall be declared va-
cant by the City Commission, which shall proceed to appoint
or elect a successor at the earliest practicable time. In case
of such failure to function for any cause, the City Commission
shall assume the jurisdiction and authority of such Board
temporarily, and perform the duties thereof.
CITY CODE 11
CITY OF FORT PIERCE.
101. Elective Officers of the City shall be as provided
102. Secret Ballot: Elections by the people, whether of
officers or on public questions, shall be by secret ballot.
103. Voters: No one but qualified registered voters may
vote at any City Election.
104. Registration shall be permanent in character, and
no new registration shall be required unless the name of the
voter has been stricken from the Registration Books as pro-
vided by Charter, but, any person whose name has been so
stricken may, within ten days thereafter, file with the City
Clerk an affidavit stating his present local place of residence,
that he is a bona fide resident of the City and a qualified elector
thereof, and that his name was erroneously stricken from the
Registration Books. Such name shall thereupon be restored
to said books by the City Clerk, a certificate thereof delivered
to him, and upon its presentation he shall be allowed to vote
at the succeeding election.
105. Time and Place: All elections shall be held at the
City Hall where election officials may not be interfered with
by the general public. The polls shall open at eight o'clock
A. M., and close at six o'clock P. M. (Eastern Standard Time).
106. Officers: All elections shall be held by three in-
spectors and a clerk, selected by the City Commission, and
shall be notified of their appointment by the City Clerk as
soon as convenient thereafter. They shall represent diverse
candidates, parties and factions, so far as possible, and if any
person so selected refuses or fails to appear and act, the Clerk
may name some suitable person as a substitute, subject to the
same requirements of diversity. For convenience and relaxa-
tion, inspectors and clerk may exchange their respective duties
and functions from time to time. The inspectors shall choose
one of their members as chairman of their board before receiv-
ing any ballots.
107. Qualification: No person shall assume to act as an
Inspector or Clerk until he has taken and subscribed an oath
or affirmative similar to that required by the general election
108. Compensation: Inspectors and Clerk shall each re-
ceive Five Dollars anidmeals for services at any election.
12 CITY CODE
109. Polling List: The City Clerk shall prepare a cer-
tified copy of all names on the revised Registration Books and
deliver the same to the election Inspectors for use as a polling
list in lieu of the original books.
111. Checking Ballots: One of the Inspectors shall
check on the polling list the names of all persons who vote,
and the Clerk shall keep a list of the voters in the numerical
order of the ballots delivered to them. The Inspector in charge
of the Ballot Box shall be seated where he can observe from
the Clerk's list that each ballot voted is the same one delivered
to the voter.
112. Counting: After the pol's are closed, all waste pa-
per shall be removed from the polling place and the Inspectors
and Clerk shall count all ballots id the box without opening
them, to determine if there is any excess of ballots, and pro-
ceed according to the General Election laws of the State. One
Inspector and the Clerk shall keep tally during the official
count, and both of the other Inspectors shall see that each bal-
lot is properly read.
113. Result and Returns: Upon completion of the can-
vass, the Chairman shall publicly proclaim the result of the bal-
loting, which shall thereafter be certified and declared as re-
quired by Charter.
115. Calling and Conduct: A Special Election may be
called to vote on any matter authorized by Charter or General
Law and Resolution of the City Commission, passed by an af-
firmative vote of a majority of all Commissioners, to be held
not less than thirty days nor more than sixty days from the
date of the passage of such Resolution, and conducted-as other
City Elections, subject to the provisions of the Charter and
Laws of the State.
121. Character: All official meetings of the Commis-
sion or of the Committee of the whole thereof must be public
as required by Charter, but conferences, and recess confer-
ences, public or private, of Commissioners and other officers
or persons, as interested individuals, are hereby sanctioned,
but no business shall be transacted at such conferences.
122. Place: All meetings shall be held in the usual place
on the second floor of the City Hall, unless in case of sickness
of a member or other emergency a majority of the Commis-
sion by order in writing filed with the City Clerk more than
six hours in advance of the meeting direct that any meeting
or meetings be held at some other specified place, in which
case at least six hours' notice of such change of place of meet-
CITY CODE 13
ing shall be given to some editor or reporter of each local
newspaper and the public shall be admitted to all such meet-
123. Time: Regular meetings of the City Commission
shall be held on the second and fourth Wednesdays of each
calendar month, at 7:30 P. M.
125. Call and Notice of Special meetings is fixed by
Charter, Sec. 9k, but due notice of all special meetings shall be
conclusively presumed as to all members present at the open-
ing thereof, and as to all others who have notice thereof prior
to the meeting in time to attend the same, unless formal writ-
ten protest of lack of notice, signed by the member in ques-
tion, is filed with the City Clerk within one week of actual
notice of the meeting in question.
126.-Rules of Special Meetings shall be the same as for
regular meetings except that no minutes of any meeting shall
be finally approved except at a regular meeting.
ORDER OF BUSINESS:
128. The Order of Business at all regular meetings shall
be as follows: unless the order is waived by the Commission.
(a) Reading, correction, if any, and approval of Minutes
of previous regular and special meetings. May be waived for
one regular meeting but cannot be dispensed with nor pur-
posely delayed for more than one regular meeting.
(b) Communications from Public Officers.
S(c) Presentation and reference of other communications,
petitions, remonstrances, etc.
(d) Reports of City Manager.
(e) Reports of Committees.
(f) Unfinished business of previous meeting.
(g) Unfinished general business.
(h) Presentation, reading and action on proposed Or-
(i) Presentation, reading and action on Resolutions or
other miscellaneous business.
129. Lists of Unfinished Business: The Clerk shall have,
at each regular meeting, a list of unfinished business of the
previous meeting and a separate list of general unfinished
business, in the order in which it arose, and shall read each
when that order is reached.
131. The Presiding Officer shall decide all questions of
order and priority of business without debate, but an appeal
14 CITY CODE
may be taken by any member, each briefly stating reasons for
appeal or ruling. He may offer, make or second any Resolu-
tion, motion or amendment.
132. Motions and amendments thereto shall be reduced
to writing and the adoption thereof moved by some member
before the same is read by the Clerk. The presiding officer
may require a second, or may treat it as having been seconded
before allowing general debate.
134. Withdrawal of any Resolution, motion or amend-
ment by the member offering it shall be permitted at any time,
135. Voting on all motions, resolutions and amendments,
except adjournment, shall be by yeas and nayes upon call of
the roll of members in alphabetical order of sir names; except
that the name of the Mayor may be called last; and the record
of the vote shall be recorded.
136. Reason for Vote:: Any member may orally state
the reason for his vote, and may insert in the record his reasons
in writing in not to exeed twenty-ive words.
137. Record of Business: The Clerk shall keep and en-
ter on the Minutes of the meeting a record of all Resolutions,
Motions and Amendments passed, together with the vote of
each member thereon, but a brief statement of the substance
or character, of. those not passed with the vote therein will
suffice. In no case shall a general statement such as "it was
decided" or "it was voted" be recited in the Minutes without
showing a record of the vote thereon.
138. Contracts and Agreements of any kind shall not be
valila ap IinMinB upoin c tel Clty Until I th lNeoI t 111 Dey?
approved by the City Attorney, his approval thereof signified
by his signed endorsement of approval thereon, and execution
by the proper officers in strict accordance with the terms of
authority so to do.
139. Attestation of Minutes: All Minutes after approval
and recording shall be attested by the signatures of the Mayor,
or of the Mayor Pro-Tem, who presided at that meeting, and
the City Clerk, and neither shall draw any compensation for
services until the Minutes for the second preceding month are
so recorded and attested.
PRINCIPAL APPOINTIVE OFFICERS:
141. The City Manager, as Director of Welfare, shall
have supervision and control of the subordinates in charge of
Works, Utilities, Health, Sanitation, the Fire Force and the
(a) Expense Allowance: In addition to the salary fixed
by Resolution, the City Manager may be allowed not to ex-
ceed Thirty ($30.00) Dollars per month for use, upkeep.
gas and oil for car, and other actual traveling expenses, but no
other allowances or perquisites.
CITY CODE 15
(b) Appointments by the City Manager shall be in writ-
ing, filed with the City Clerk, and shall state the name of the
officer, office or general nature of duties, salary or compen-
sation, whether bond is required or not and amount, if any.
(See Charter 148, 150).
(c) Purchases, and Contracts for construction, material
or supplies shall not be made or let piecemeal or in small lots
or sections so as to evade the spirit and intent of Charter pro-
visions, but items obviously overlooked in making prior pur-
chases may be purchased or let in amounts not exceeding Char-
ter limitations without competition. (Charter 14 h, 14 k.)
(d) Acting City Manager: Upon nomination by the City
Manager, or on its own motion for want of an acceptable nom-
ination, the City Commission may appoint some other person to
temporarily execute the functions of City Manager during his
absence or disability until a new nomination or appointment is
made, and such appointment shall be deemed to be made dur-
ing any such absence or disability until revoked as above pro-
142. The City Attorney shall be appointed for no par-
ticular period, but shall serve at the will of the Commission.
(a) The Salary of the City Attorney shall be in full
compensation for services for attendance on Commission meet-
ings, advice to the Commission and Heads of Departments, pre-
paring Ordinances, Resolutions, deeds, contracts and other
similar papers on request of the City Manager, the Commis-
sion or any of its member on official business. approving non-
tracts, bonds, deeds, etc., and other similar services, and as a
(b) For Special Services he shall receive: for conducting
each case in Municipal Court on request of the City Manager.
$10.00; for services in bond issues, not exceeding three-fourths
( % ) of one per cent of the amount of the issue actually sold;
and for appearing and prosecuting or defending on behalf of
the City all appeals, suits, proceedings and controversies to or
in.which the City is a party, and the performance of such other
duties as may be required by Ordinance, Resolution or Charter,
he shall receive such reasonable compensation as may be fixed
or approved by the City Commission in advance; but the total
compensation for all services shall not exceed $5,000.00 in any
one fiscal year or matter.
143. The City Clerk, in addition to Charter duties, shall:
(a) Sign and issue all warrants, and indicate therein the
name of the depository at which and the fund from which the
same are to be paid.
(b) Keep a warrant book or file from which all warrants
shall be issued, and the stub or duplicate of each warrant shall
contain a correct record of the amount and details thereof.
16 CITY CODE
(c) Keep an Appointment Record Book in outline form,
of all appointments, by the City Commission or other city offi-
cers, of all officers and employes, other than common laborers
not employed by the month, showing for each office or posi-
tion (1) Name of appointee, (2) Date of appointment, (3)
Monthly salary, (4) Amount of bond fixed, if any, (5) Date
of qualification, (6) Additional allowance for use of car or
other purpose, and other pertinent information, including date
and manner of termination of incumbency or employment; and
shall see that all officers and employes required to qualify or
give bond, comply with the provisions of the Statutes, Or-
dinances and appointment in such respects. In case of neglect
or refusal to properly qualify, the Clerk shall call the attention
of the appointing officer or Commission to the delinquency,
and shall draw no warrant for salary until such requirements
have been complied with, nor for any period for which proper
qualification is lacking.
144. The City Treasurer, in addition to Charter duties,
(a) Pay All Warrants that are properly drawn and coun-
tersigned in the order in which they are presented, out of
monies in the respective funds on which they are drawn, if suf-
ficient is available and no other ground of objection is shown
by said Treasurer, but not otherwise.
(b) Cancel and File all warrants, bonds and coupons,
when paid, and keep the same in his office.
(c) Prepare and Deliver to the Chief of Police on or be-
fore the last day of each month, a list of those to whom occu-
pational and dog licenses have been issued, during the month,
arranged alphabetically according to schedule letter and num-
ber, and a separate list of those known to be subject to the tax
who are delinquent.
(d) Endeavor to Collect all bills, accounts and taxes due
the City, and from time to time, especially after each annual
election, shall report to the City Commission a list of delin-
quent accounts and bills.
145. The Municipal Judge, in addition to Charter duties,
(a) Assist in Auditing the books and accounts of the
Desk Sergeants whenever there is a change of such officers,
and at any other time, upon request of the City Clerk.
(b) Substitute Judge: In case of prospective absence,
disqualification, or disability of the Municipal Judge, he shall,
if possible, notify in advance and call in the County Judge,-
or, if he is unable or unwilling to act, a Justice of tne Peace,-
to act in his stead. If the Municipal Judge fails to arrange for
a substitute, the City Clerk may do so, and whoever may act
with the knowledge of the City Clerk, shall be conclusively
CITY CODE 17
presumed to be authorized to do so. For such services, the
substitute Judge shall receive the sum of Five Dollars for each
regular session and One Dollar for each special session at which
he may preside, to be paid out of the salary of the Municipal
Judge if caused by his voluntary absence, otherwise out of the
General Fund. The Substitute Judge acting shall draw the
salary of Municipal Judge while that office is vacant.
146. In addition to the offices required or provided by
Charter, there shall be a Day and a Night Desk Sergeant, a
Welfare Board, an Electrical Board, a Plumbing Board, a
Plumbing Inspector, and an Electrical Inspector. The City
Manager may, also, if he deems advisable, appoint a Superin-
tendent of Utilities and Superintendents of Works and other
similar Departments under his own general management and
operation ;a City Engineer, if the Superintendent of Works, if
any, is not an engineer; a Building Inspector, a Food Inspector,
City Chemist, Sealer of Weights and Measures, and such other
Subordinate Officers and Assistants as he may deem advisable,
subject to the provisions of the Charter and this Code. Such
officers herein specifically named, the Heads of Departments,
and the Deputy Clerk and Deputy Treasurer, if any, shall be
deemed Subordinate Officers within the meaning of the City
Charter. Sec. 14 (e).
147. Heads of Departments: The City Health Officer,
Superintendents of Public Utilities, Works and other similar
Departments, if any, the Chief of Police, Chief of the Fire
Department and Chief Shipping Master shall be deemed Heads
of Departments, within the meaning and purview of City Char-
ter, Sec. 148, and of this Code.
148. Deputies: The City Clerk and the City Treasurer
may each nominate a deputy and other clerks in their respec-
tive Departments; appointments, if any, to be made as required
by Charter from such nominees and not otherwise. Such depu-
ties, after properly qualifying, shall represent and perform the
duties of their respective principals in their absence, and shall
be acting officers in case of vacancy until the vacancy is filed.
151. Plan Board: A City Plan Board is hereby estab-
lished, consisting of the City Commission, the City Manager
and the members of the Board of Review. The Mayor shall
act as Chairman, and the City Clerk shall act as Secretary of
the Board, with the right to participate in discussion but with-
out a vote.
152. Submission to Commission: Any plan adopted by
the vote of six members of the Board shall be submitted to the
City Commission for action.
153. Submission to Electors: Any plan meeting with
the approval of a majority of the City Commission shall be
18 CITY CODE
submitted by Resolution to the Electors of the City at any
general or special election for adoption or rejection by secret
ballot as prescribed by the Resolution. More than one plan, or
alternative plans, may be submitted at any election, and an
affirmative vote of a majority of those voting on any plan shall
adopt, except that if alternative plans are submitted, only the
plan receiving the higher number of votes as well as a majority
shall be deemed adopted.
The City Commission may, by Resolution, appoint five
members for a term of one year each to act on an Advisory
Board on each of the following subjects, in addition to the City
Commissioners and City Manager, who shall be ex-officio mem-
bers thereof, to-wit:
(b) Aviation Fields,
(d) Golf Course,
(e) City Wharfs, slips, piers, etc.,
(f) Any other subject at the option of the Commission.
155. Organization and Meetings: The Mayor shall be
Chairman and the City Manager secretary of each of said
Boards. Meetings may be held on call of the Mayor or a ma-
jority of the Board..
158. Appropriations-Revisions: Before any revision or
appropriation levy change is made, due notice by publication of
intention to take such action at a stated time, must be given.
159. Acquisition of Property: Any gift of property
without present or prospective expenditure by the City may be
accepted by the Commission, but no purchase or acceptance of
real property requiring financial obligation or outlay shall be-
come an obligation of the City unless the proposition i.
presented in writing at a regular meeting and passed at a sub-
sequent meeting after due notice by publication has been given.
160. Sales: No private sale of City property exceedinT
$200.00 in value shall be made without due notice by publica-
tion of the intention to sell. Property exceeding $1,000.00 in
value can be sold only after due notice by publication shall be
given of the intention to sell at public or private sale at a time
and place stated.
161. Relinquishment or Abandonment of Public Property:
No street, alley, way, easement, park or other public property,
shall be closed, abandoned or otherwise relinquished, and no
donation of City funds or property shall be made except for
public purposes, public benefit, or to avoid public expense, and
as authorized by law; and then only after due notice by publica-
CITY CODE 19
tion for at least one week prior to taking of final action, which
shall be only by an affirmative vote of four members of the
162. Claims and Bills: All claims and bills incurred or
presented during the preceding month, whether paid or unpaid,
shall be exhibited to the City Commission upon the request of
any member, or regularly upon resolution to that effect, and
by Resolution the Commission may require approval by the
Commission or a Committee thereof before any particular bill,
or bills generally, are paid.
163. Disbursements shall be made only in conformity
with the provisions of law, City Ordinances and valid Resolu-
tions of the City Commission.
164. Bond Issues: No general bonds shall be issued or
sold under Section 117 of the City Charter of 1927, unless the
issuance thereof has been approved by an affirmative vote of
a majority of the electors of the City voting on such proposi-
tion at an election held within two years prior to the issuance
and sale of such bonds.
165. Franchises: No franchise for the use of the streets,
alleys, or other public property of the City of any kind, for any
purpose, or for the operation of any public utility thereon,
shall be granted for a period of more than twenty years in any
manner or under any pretext; nor without reserving all rights
authorized or required by law. (Sec. Ord. Ch. 74 (A-18) pu.
as 73, Ch. 81 (A-26), A-24, and City Charter Sections 14 (b).
47, 81, 82, 83, 91).
171. Presentation and Reading: Proposed Ordinances
may be introduced by any member or by common consent,
which shall be conclusively presumed in the absence of objec-
tion upon the record, and shall be read at two separate meet-
ings, the second of which shall have begun not less than one
week after the adjournment of the meeting at which it was
first read, including any adjournments thereof; unless a second
reading is waived, by unanimous vote of the Commissioners
present, on motion duly made and seconded to waive such read-
ing. The first reading of any Ordinance shall be in full, but
the second reading, if any, may be by title only. If no objec-
tion is made upon the record by any member, full reading
each time shall be conclusively presumed.
172. Passage or Enactment: Any Ordinance, after a
second reading as above provided, or if a second reading is
properly waived, may be passed or enacted by an affirmative
vote of three members, except as otherwise provided by this
Code or other Ordinance.
20 CITY CODE
173. Publication: After enactment of any Ordinance it
shall be published in full in at least one issue of a newspaper
of general circulation in the City, and shall thereupon become
effective unless the Ordinance itself provides a different time
for becoming effective. Provided, however, that revision and
compilations need not be so published. The publication fee
shall not be paid until a proper affidavit of publication has
been filed with the Clerk, showing date of publication in words
as well as figures.
174. Record: After passage and publication, all Or-
dinances shall be recorded in full in the Ordinance Record of
the City, or filed and kept in separate printed book form in
the office of the City Clerk.
175. Authentication: After any Ordinance becomes ef-
fective, it shall be authenticated, both upon the original manu-
script Ordinance or a copy thereof and upon the record; by a
certificate signed by both the Mayor Commissioner and City
C!erk, with the City Seal affixed, certifying that the said Or-
dinance was passed by affirmative vote of (specifying number)
members of the City Commission, after having been read at
two separate meetings not less than one week apart (or that
reading at two separate meetings was dispensed with by unani-
mous vote, specifying which), and that the same was published
in a newspaper of general circulation in the City (Specifying
name of paper and date of publication), and that said Or-
dinance is in full force and effect as an Ordinance of the City
of Fort Pierce.
176. Amendments: A'1 amendments to the Code or Or-
dinances shall designate the Code Section, sub-Section or part
of Ordinance amended; and provisions requiring four affirma-
tive votes on any matter cannot be amended except by four
177. Designation of New Matter: Ordinances enacting
new matter shall designate by what Code section and/or sub-
section it shall thereafter be known; e. g. "to be known as
Code Section 177" (or Sec. 222 (a), etc.), designating sub-
sections alphabetically in the order of enactment.
178. Repeal: No provision of this Code or any other
Ordinance shall be construed to be repealed except by re
pugnancy or express repeal directly referring to the section
of this Code,-or to the Ordinance in question, by number,
date of passage and section number, or line thereof as recorded,
or of the original manuscript copy if so described, where it
has not yet been recorded. Provided, however, that any Or-
dinance covering practically the entire subject matter of any
prior ordinance, Code, Chapter or Article, and obvious ly in-
tended as a revision thereof, shall be deemed to repeal al! pro-
visions of such former Ordinance, Chapter or Article not spe-
CITY CODE 21
179. Construction: All Ordinances shall be liberally con-
strued so as to effect the purpose intended, and any meaning,
definition or construction given to any word or phrase by this
Code, or any Chapter thereof, shall be construed in accordance
with such meaning or definition so far as relates to the use or
subject matter therein, and consistent with the context and
110. Presumptions: Every Ordinance purporting to be
passed, published, recorded and authenticated, shall be pre-
sumed to have been properly and legally passed and enacted
in the absence of clear, cogent and convincing proof to the
contrary. No presumption shall be indulged in the absence of
such requirements, but the facts shall be subject to proof.
22 CITY CODE
CITY OF FORT PIERCE.
WELFARE, HEALTH AND SANITATION.
DEPARTMENT OF WELFARE:
201. The Department of Welfare shall exercise a super-
vision over Health, Sanitation and Safety,-including the Po-
lice and Fire Forces, and shall diligently observe: that the re-
spective Heads of the Departments properly perform their du-
ties; that Nuisances are abated in accordance with Statute and
this Code, and those responsible therefore punished in proper
cases; that the Ordinances are enforced and obeyed; and that
the welfare of the City and public is otherwise protected and
advanced within the scope of authority granted by the City
Charter and the City Commission.
BOARD OF WELFARE:
202. A Board of We!fare, hereinafter termed Board or
Local Board, is hereby created. It shall consist of the Mayor-
Commissioner, who shall be Chairman of the Board; the City
Health Officer, who shall be Secretary of the Board; the City
Manager, the City Attorney and the City Physician. If there
is no City Physician, the City Clerk shall be the fifth member
of the Board if the City Health Officer is a Physician; other-
wise the City Manager shall appoint a resident practicing
physician of good moral character, high professional standing
and at least five years' experience, who shall serve until re-
moved or until his successor is appointed. Members of the
Board shall receive no compensation as such unless otherwise
determined in accordance with provision of the City Charter.
If a member is interested in any matter, or his decision in-
volved, the City Manager shall appoint a substitute.
203. Meetings and Quorum: Meetings of the Board
shall be held as occasion may require, at the call of the Chair-
man. Secretary or City Manager; and any three members shall
constitute a quorum if all members in the city have been noti-
fied of the time and place of meeting by message left at the
office or usual place of business or residence, with some asso-
ciate, employe or member of the family, over fourteen years
of age; either in writing or by phone message or other verbal
notice. An affirmative vote of three members shall be re-
cuired for any action except adjournment, which may be by a
majority of the members present.
CITY CODE 23
204. The Duties of the Board Shall Be: (a) To con-
sider, review and determine all matters appealed to the Board
(b) To make and enforce rules, regulations and or-
ders not in conflict with the Constitution and Laws of the
United States and the State of Florida, the rules and regula-
tions of State Plant Board, State Board of Health and other
State Boards; relating to quarantine or isolation, health, sani-
tation, and prevention of and protection against diseases of all
forms of life, and the possible or imminent injurious infesta-
tion of fruit, fruit trees, vegetables and other forms of plant
(c) To make and enforce any other rules, regulations
or orders for the promotion of the Public Welfare not forbid-
den by law and not inconsistent with the general plan and pur-
pose of the City Ordinances and Resolutions of the City Com-
mission, but subject, however, to such Ordinances and Reso-
205. Rules and Regulations-Effect: All State Laws,
and the rules and regulations of the State Plant Board, State
Board of Health and other Boards of the State of Florida,
relating to the subjects herein considered, are hereby adopted
for this city, and they, together with the rules, regulations and
orders of the City Health Officer and Board, shall have the
same force and effect as City Ordinances, and shall govern and
be obeyed, enforced and punished in the same way.
206. Notice of Rules and Regulations adopted by the
Health Officer or Board, affecting only particular persons or
classes may be given orally or in writing to those affected or
their agents or employes, and may become effective at once
or at the time fixed thereby. Rules and regulations directly
touching or affecting the public shall be published as notices
in a local newspaper and, if so ordered, by bills, posters,
placards or other means as the Board may direct, to become
effective as therein stated or provided.
207. The City Health Officer, hereinafter termed
"Health Officer," in addition to duties imposed and powers
granted by the City Charter, shall have the power and author-
ity of, and may be required by the City Manager to act as
Sealer of Weights and Measures and perform such additional
duties as he deems expedient.
THE CITY PHYSICIAN:
208. (a) If and When a City Physician is appointed,
he shall be of high professional and moral standing, and at
least five years' experience, and shall have a certificate to prac-
tice his profession in the State. The office should be consid-
ered one of Civic Duty, Patriotic Service and Charitable Con-
24 CITY CODE
tribution to the Community; rather than one for financial
profit subject to the schedule of professional charges for like
service, but should be compensated so as to not require too
great a personal sacrifice.
(b) Duties: He shall visit, examine and treat all in-
digent and emergency cases in the City Jail when called by
the Desk Sergeant; and any indigent, emergency or other case
referred to him by the Health Officer or City Manager; and
shall make examinations and tests for health certificates and
quarantine purposes when required by the officers named, or
by the Board; issue certificates or reports according to the
facts found, and perform such other duties as may be requi:'.d
by the City Manager.
(e) Fees, whether paid by individuals or the City, shall
be governed by schedules and/or general rules fixed in the
appointment, which shall state whether such fees are in addi-
tion to or deductible from the salary.
SUBORDINATE OFFICERS AND EMPLOYES:
209. Deputies, Inspectors and Other Emp'oycs in the
Department of Health and Sanitation may be appointed or em
played as in other cases. They shall perform the duties usually
appertaining to such positions, and such other duties as are
delegated by their superiors or are herein imposed.
210. Authority Presumed: Persons outside the Depart-
ments shall presume, in relations and dealings with such Subor..
dinates, that they have all powers and authority they a sume
or claim until the contrary is definitely learned or proven. Du'
evidence that they are, inspector or employes representing th2
Department of Welfare, or of Health and Sanitation, may be
211. Inspectors and Inspection: (a) The City H.ca't
Officer or Subordinates shall make a house-to-house inspection,
of all premises within the City during the months of April and
October of each year, and at other times required by this
Chapter, by the City Manager or Board or as deemed expedient
by the Health Officer- for the purpose of seeing that the Or-
dinances, State Laws, Rules, Regulations and Orders of the
Board, Health Officer, and State Board of Health are obeyed
(b) Right of Access: The Health Officer, City Phy-
sician and a:l Inspectors shall have full and free access to all
buildings, premises, vehicles and places referred to in this
Chapter for the purpose of making inspection, examination
or tests required thereby.
(c) General Powers and Duties: Inspectors shall tak?
such immediate steps as are authorized by this Chapter and
warranted by the exigencies of each case, and report the same
CITY CODE 25
to their Superior Officers. Whenever any conditions require
immediate action by any offender, the Inspector shall give
such order as is required by the conditions in question; and if
several days' time, or considerable expense or effort is neces-
sary to make required changes, the order shall be in writing,
signed by the Health Officer, fixing a time for beginning and
completion of the change, which shall be made at the expense
of the offender.
212. Police Powers and Prosecutions: The Health Offi-
cer and every Inspector shall have police power to arrest any
person violating any provision of this Chapter in his presence,
or may file in Municipal Court an affidavit charging any vio-
lation of this Chapter which may come to their knowledge, for
which they have not themselves made an arrest. When di-
rected to do so by the City Manager or Health Officer, they
shall make and file such affidavit. For any offense in viola-
tion of any Ordinance relating to the subject matters of this
Chapter the offender shall be prosecuted and punished as for
213. Obstruction of Officers or Subordinates in the per-
formance of their duties and functions is forbidden; and who-
ever obstructs the Health Officer, City Physician or any Subor-
dinate, or interferes in any way with the performance of such
duties or functions, shall be prosecuted and punished therefore.
214. Appeal to the Board of Welfare from any order,
rule or regulation authorized by this Chapter may be taken
as provided in Sections 31 to 37, inclusive, of this City Code.
215. Care of Indigents: The City Manager may arrange
with Boards of County Commissioners or others for the care
and hospitalization of poor persons; but no bill shall be incur-
red or become a valid charge against the City for any such
items without the express written order of the City Manager,
except for indigent city prisoners in emergency cases.
216. Persons Without Legal Settlement in City: If any
bill of expense has been incurred, through inadvertence or
other cause, for the care of any person having no legal settle-
ment in the City; the City Manager shall endeavor to collect
the same from the person, Town, Township, County, State or
other Municipal Corporation liable therefore, and may require
such assistance of the City Attorney as he may deem advis-
217. Quiet Zone: The City Manager is hereby author-
ized to establish Quiet Zones within the city, whenever occa-
sion requires, by Executive Order, and to place "Quiet Zone"
signs on the streets and sidewalks at appropriate places. When
the occasion therefore ceases at any place, the said signs shall
26 CITY CODE
be removed. Any one making loud and unnecessary noises in
such zones may be prosecuted and punished as for other of-
218. Free Employment Bureau: The City Manager may
establish a free Employment Bureau, furnish such records and
files as may be needed, and designate any of his Subordinate
Officers or employes to have charge thereof. He may also
provide for an Employment Bureau in the colored district.
219. Railroad Crossing Protection: Every person, asso-
ciation, firm or corporation operating any line of railway of
any kind into or through the City, whether by steam or other-
wise, upon any metal or other track, shall furnish, at his or
its own expense, adequate crossing protection for vehicles,
pedestrians and all other people, at Avenue "A" and Orange
Avenue. Adequate protection shall be furnished, also, at such
other crossings as the City Commission may, in the future, re-
quire by Resolution or Ordinance; providing, however, that
three months' notice of the additional possible future require-
ments shall be given in writing, by letter or otherwise, to the
person, corporation or other party so required to provide any
such adequate protection. For any violation of this Section
the guilty party shall be prosecuted and punished as in other
220. Smoke and Smoke Stacks: No dense or noisome
smoke or gas shall be created and emitted so as to contaminate
the air or create soot. Smokestacks of Laundries, Bakeries,
Ice Factoriep. etc., using coal or wood for fuel shall be at least
fifty feet high, and if less than seventy-five high shall be equip-
fifty feet high, and if less than seventy-five feet high shall be
equipped to prevent emission of sparks.
221. Real Estate Brokers and Salesmen shall not be
licensed by the City unless they have a State License and oc-
cupy an office, apart from sleeping quarters, designated by
street number, equipped with a telephone and desk for each
broker and salesman connected with the business, and display-
ing a prominent sign designating it as such office. Applica-
tions for such license shall be in such form and state such facts
and matters as the City Manager or Commission may require.
222. Suspension of License: Such licenses may be sus-
pended by the City Manager for unethical conduct, misrepre-
sentation of fact, false promises or deception; and shall be re-
voked with the approval of the City Commission for persistent
and repeated conduct of the character above specified, or for
accepting or claiming a fee from buyer and seller without the
prior knowledge and consent of both parties. Such action may
be upon complaint and proof by any reliable person, or at the
instance of the City Manager or Commission.
CITY CODE 27
DANGEROUS OR UNSANITARY PREMISES AND PLACES:
223. (a) Residence Property, lawns and premises with-
in fifty feet of any building occupied for residence purposes
shouldd be mowed, raked and kept clean and clear of all trash
and tall or unsightly grass, weeds, brush or other things that
mnay constitute (1) a fire hazard, (2) a harbor for mosquitoes
or other troublesome or dangerous forms of life, or (3) a men-
ace to comfort, health or safety of life or property; and shall
be so kept upon oral or written notice given or served by any
officer of the Fire, Police or Health and Sanitation Depart-
ments upon order of the Head of any such Department.
(b) Vacant Property and lots more than 50 feet from
residence property should be mowed and kept clear of tall
grass, weeds and brush, and reasonably clean and clear of
refuse which would (1) constitute a fire hazard, or (2) ob-
struct the view of persons or vehicles on intersecting side-
walks or streets, or (3) be a menace to public health or com-
fort; and shall be so kept upon oral, written or general pub-
lished notice given by any officer of the Fire, Police or Health
and Sanitation Departments.
(c) Prosecution and Punishment: Every owner or oc-
cupant of property in the city who, after a day certain fixed
in the notice referred to in the two immediately preceding
paragraphs, or within ten days after such notice if no day cer-
tain is fixed, shall have failed to clean up his property as re-
quired by said paragraphs, shall be prosecuted and punished as
for bther offenses, and the remedy referred to in the following
paragraphs shall be cumulative and no defense to the prose-
cution. Each separate day of violation after the expiration
of the time above provided shall constitute a separate offense
and shall be punished as such.
(d) Dangerous Buildings shall be condemned, removed,
destroyed, or otherwise dealt with as provided by Sec. 9 (b) of
the City Charter. q. v.
(e) Clean Up of premises at the expense of the prop-
erty owners as provided by City Charter as provided by Sec.
9 (d) of the City Charter. q. v.
28 CITY CODE
CHAPTER II. ARTICLE 2.
225. Nuisances Declared in General Terms: Under City
Charter Sec. 9 (b), any building in the city that constitutes a
menace to business, health, or safety, or that constitutes a fire
hazard, is declared to be a nuisance, and under the power
therein conferred upon the City Commission to designate other
things that may constitute a nuisance, each of the following
described in general terms is hereby declared, a public nui-
sance, to-wit: Any act, failure to act, occupation, structure,
thing, property, ownership or use of property within the city
which shall tend to:
(a) Annoy, or disturb the comfort, repose or sense of
security of any considerable number of persons, or
(b) Endanger, or impair their health, safety, or use of
(c) Corrupt their manners or morals or outrage their
sense of decency, or shall
(d) Unlawfully injure, interfere with, obstruct, or tend
to obstruct or render dangerous, any ditch, drain, sewer,
stream, canal, inlet, bay, port, harbor, public park, street,
alley, lane, highway or other public water or place.
226. Nuisances per so,-Summary Abatement: The
following are hereby specifically declared nuisances per se, and
in case of serious and imminent danger or menace to public
health, comfort or safety of person, or use of property, may
be abated anywhere in the City, by the Police, Fire, Health or
other Departments, and the officers and subordinates thereof,
immediately and without notice, if deemed advisable, especially
if the value, if any, of the property abated or destroyed is
slight; and upon the order of the City Manager, Officers or
Subordinates of any of the Departments shall abate said nui-
(a) The pollution of any source of water supply for
(b) All diseased or unwholesome food held or offered
for sale or use.
(c) All carcasses of animals unburied or otherwise dis-
posed of in an unsanitary manner.
(d) Milk which does not comply with the provisions of
(e) Garbage receptacles, septic tanks or privy vault-
that are not fly-tight, or do not otherwise comply with require-
ments of this Chapter, or are within seventy-five feet of any
we 1 or source of drinking water supply.
CITY CODE 29
(f) Common drinking cups, or roller towels in public
(g) Public exposure of persons, or of animals in the act
of copulation, or having a dangerous disease.
(h) All gambling devices, slot machines of a gambling
nature and similar illegal devices.
(i) Indecent or obscene pictures, books or other printed
(j) All limbs of trees or shrubs projecting over the side-
walk or street at a height of less than seven feet above the
surface of the sidewalk, or nine feet above the surface of such
street, or which interfere with city electric lines.
(k) Dynamite or other dangerous explosive or inflam-
mable liquid or material stored in any manner or amount
other than provided by Law, Ordinance or Insurance Regula-
(1) Storage, sa'e, use or display of fireworks, within the
City, except as approved by the City Manager.
(m) Any use of public streets or sidewalks which causes
large numbers of persons to congregate and obstruct traffic.
But this provision shall not apply to funerals, receptions or
parades for which immunity is granted by the City Manager
and the Police and Fire Departments properly notified.
(n) All loud and unusual noises and annoying vibrations
of a temporary character which offend the peace and quiet of
persons of ordinary sensibilities.
(o) All weeds or brush, other than ornamental shrubs,
which obstruct the clear view of street intersections.
(p) All barbed wire fences within three feet of any side-
walk or other place regularly used for walking.
(q) Any other nuisance per se which public interest
requires to be abated at once, where it can be done with slight
expense or injury.
(r) Any bonfire, refuse or trash fire within ten rods of
any house or building, or any grass fire anywhere in the City.
But if the Fire Department has been notified in advance and
has sent apparatus and men to care for emergencies, no prose-
qution shall lie for setting such fire, unless soinw -embers of
tle Fire Force present forbids setting it.
227. Abatement After Notice: The following are spe-
cifical y declared nuisances per se, and shall be abated by the
proper offices or subordinates upon written order of the City
Manager, but, except in emergencies, only after proper notice,
signed by the City Manager has been given the owner or per-
son responsible for the nuisance or concerned therein, to-wit:
(a) All ponds, pools, or stagnant water likely to breed
30 CITY CODE
(b) All trees, shrubs or other obstructions, except per-
manent buildings which prevent drivers of vehicles approach-
ing public streets or highways from having a clear view of
traffic approaching on intersecting streets or sidewalks for a
distance of 100 feet along such intersecting streets, measured
from corner of property line along both streets.
(c) All wires across or over streets or public places
strung lower than fifteen (15) feet above the surface of the
street or place or in violation of any law or Ordinance.
(d) All structures or alterations thereof being erected
or repaired in any fire or other zone in violation of the building
or other Ordinance or law.
(e) All buildings, walls or other structures damaged by
fire, decay or other causes so as to endanger public safety.
(f) Obstructions and excavations affecting the ordinary
use of streets, alleys, sidewalks or other public places, except
as provided by law or Ordinance.
(g) All hanging signs, awnings or other similar things
or structures overhanging sidewalks at a less height than
seven feet therefrom, or streets and other ways at a less height
than nine feet therefrom or other height prescribed by law,
Ordinance or order of the City Manager as a police regulation
for public safety.
(h) All dangerous and unguarded machinery or places
so situated as to be attractive to children or others, on either
public or private property.
(i) All barbed wire fences in the City Limits which may
prevent the proper operation of the fire hose or apparatus in
case of grass or other fires.
(j) Any fruit, vegetable, plant, tree, soil, or any other
thing designated by the State Plant Board or other State Board
or Florida or by the United States Department of Agriculture
or any bureau thereof as a host or carrier, or likely to become
such, of or for the Mediterranean Fly or other dangerous or
injurious insect, parasite, disease or pest of any plant or animal,
or any other thing likely to infest or injure fruits, vegetables,
animals or property or citizens of the city or community; pro-
duced in, or coming or transported from or through, any area
or zone designated in the rules or public notice of the Plant
Board or other Board, Department or Bureau aforesaid, as an
area or zone in which the Mediterranean Fly or other insect or
thing above referred to exists, occurs or is likely to exist or
occur; and the transportation thereof into or through the city;
and any vehicle or thing used or employed in bringing or trans-
porting any such fruit or other thing herein described into or
through the city.
(k) Any other nuisance, where the property is of little
value and the use for illegal purpose is clear. (See Lawton V.
Steele 152 U. S. 133).
CITY CODE 31
228. Injunction and Abatement by Action in Chancery,
begun by the City Attorney at the direction of the City Man-
ager, Board, or City Commission, may be resorted to in any
case within the purview of the Compiled General Laws of Flor-
ida, 1927, Sections 5029-30 and Sec. 6639, referring to Sec-
tions 7817 and 7655.
229. Abatement by Proceeding Before a Justice of the
Peace: Whenever any nuisance tends to the immediate annoy-
ance of the citizens in general, or is manifestly injurious to the
public health and safety, or tends greatly to corrupt the man-
ners and morals of the people, and the value of the property
involved, or other circumstances are such that summary abate-
ment is not deemed advisable, the City Attorney shall, upon
the direction of the City Manager, Board or City Commission,
institute proceedings before a Justice of the Peace for abate-
ment in accordance with the provisions of C. G. L. Sec. 7817.
230. Costs of Abatement Assesed to Property: Under
the conditions stated in City Charter, Section 9 (b) and 9 (d),
the cost of abatement is a lien against the property and may
be enforced as other liens.
231. Proceedings by Criminal Prosecution: Whoever
creates, maintains, or is concerned in creating or maintaining
any nuisance, as defined by the Ordinances of the City or by
the Statutes of Florida, shall be guilty of a violation of the
City Ordinances and shall be prosecuted and punished as for
other offenses. Each day that any nuisance is maintained shall
constitute a separate offence, and the remedies by abatement
shall be considered cumulative and not to constitute any im-
munity or defense.
32 CITY CODE
CHAPTER II. ARTICLE 3.
COMMUNICABLE DISEASES AND ISOLATION:
235. Physicians and Others to Report: All physicians,
nurses, midwives, parents, guardians, school teachers, and'
managers of dairies, places or establishments producing, hand-
ling or serving food, foodstuffs, milk or other drinks, who
live, practice or do business in the city, shall report or cause
to be reported to the City Health Officer or person designated
by him, as well as to the State Officers, all cases of communi-
cable disease dangerous to the public health that may come to
their notice or of which they have reason to suspect the ex-
istence within the City Limits or territory tributary thereto,
which would be likely to result in communication of such dis-
eases to persons in the city. (State Board of Health Rule 52).
236. Communicable Diseases Defined: The following
named diseases and others hereafter added by the State Board
of Health, hereinafter termed "State Board", to the list of
reportable diseases, are of the class referred to in the preced-
ing paragraph, to-wit:
Anthrax, Chancroid, Chickenpox, Cholera, Asiatic (also
cho!era nostras when Asiatic Cholera is present or its importa-
tion threatened); Dengue, Diphtheria, Dysentery (a) Amoebic,
(b) Bacillary; Favus, German Measles, Glanders, Gonococcus
Infection, Hookworm Disease, Influenza, Leprosy, Malaria,
Meningitis, (a) Epidemic Cerebro-spinal, (b) Tuberculosis;
Measles, Mumps, Opthalmia Neonatorum (conjunctivitis of
new-born infants); Paratyphoid Fever, Plague, Pneumonia,
Poliomyelitis (Acute infectious); Rabies, Scarlet Fever, Small-
pox, Syphilis, Tetanus, Trachoma, Trichiosis, Tuberculosis
(detai's to be stated), Typhoid Fever, Typhus Fever, Whooping
Cough, Yellow Fever and Pellagra.
237. Contents of Report: The report shall give the fol-
(a) Date of report and onset of disease.
(b) Name of disease suspected and reported.
(c) Name, age, sex, color or race, and whether attend-
(d) Street and number or other description of place
where patient was found or lives.
(e) If smallpox; whether mild or virulent, and data as
(f) If typhoid fever, scarlet fever or diphtheria, whether
handling foods, foodstuffs, milk or other drinks for sale or
238. Yellow Fever, Smallpox or Cholera shall be imme-
di::te y reported by the Health Officer, to the president of the
State Board by wire unless notice has already been given by
CITY CODE 33
the Physician, and the Health Officer shall examine the case
reported and furnish needed care and provisions as required
by State Law, and if warranted, request that the State Health
Officer assume charge at the State expense. (See Comp. Gen.
L. Sec. 3303).
239. Posting Warning Cards: The Health Officer shall
see that proper warning cards, furnished by the State Board of
Health, are posted conspicuously on a part of the building fac-
ing the public street or way where smallpox, diphtheria, bu-
bonic plague, measles, scarlet fever, typhus fever, epidemic
cerebrospinal meningitis, Asiatic cholera, acute anterior poli-
omyelitis or whooping cough exists. (State Rules 1 and 2).
240. Defacing or Removing Warning Cards: No person
shall alter, deface, remove or destroy any warning card posted
as hereinbefore provided, except that it may be removed by
the Health Officer or by an accredited representative of the
State Board. (State Rule 3).
241. Interstate and Maritime Quarantine cannot be
instituted except by authority of the State Board, but the
Health Officer shall report to the State Board and request
such action whenever he or the City Physician or local Board
deem such action expedient. (See C. G. L. Sec. 3151).
242. Isolations of Communicable Cases: Until the
State Health Officer has acted on cases reported, the Health
Officer may order the isolation of Iny person suspected or
found to be infected with any communicable disease, subject
to the future action of the local Board, which order of isola-
tion, if not modified, shall be for the period recommended by
the State Board (State Rules 4-8), or such longer period as is
required by the local Board.
243. "Isolation" is defined to be the complete separation
of the person infected with a communicable disease and those
attendant upon him, from all other persons upon the premises.
(State Rule 4), formerly referred to as "Quarantine". (State
244. (a) Disinfection of apartments, rooms, boat or
other domicile, or contents thereof,-occupied by a person in-
fected with a communicable disease,-is required when made
vacant by death, removal or recovery of the patient.
(b) Persons who occupied such places must have clothing
disinfected and take a disinfecting bath before released from
(c) No such place shall be let or occupied until disin-
(d) The disinfection shall comply with State Board Rule
41 and be performed under the supervision of the Health Of-
ficer or City Physician at the expense of the owner, occupant
or person affected.
34 CITY CODE
245. Removal of Patients: No person isolated or in-
fected with Tuberculosis, in its active stage, or other com-
municable disease shall move or be removed to another build-
ing or into or from the municipality without permission from
either the Health Officer, the City Phydician or the Board.
24. Midwives: Every woman, white or colored, who
practices as a midwife in the city shall register with the Health
247. Precautions Against Biadness: Every Physician;
Nurse or Midwife who attends af the birth of a living child
shall take necessary precautions to prevent blindness of the
new-born by placing in each eye at least one drop of a freshly
prepared silver nitrate solution of from 1% to 2% strength,
which may be procured from the Health Officer or City Phy-
248. School Health Certificates: (See Board of Health
Rules 12, 13 and C. G. L Sec. 3187).
249. School Protection: "No person infected with a
communicable disease shall be permitted to attend, teach, or be
otherwise employed, in any private, parochial or public school,
or any college or university." State Board Rule 10). Nor
any theatre, church or other place of public gathering. Espe-
cial care shall be taken to prevent pupils or others with Diph-
theria, Scarlet Fever, Measles or Whooping Cough, etc., from
attending public places. If smallpox breaks out in the school
or neighborhood; no one who has not been successfully vac-
cinated within five years shall be permitted to attend school.
(See recent pamphlet of State Board).
250. Barber Shop* and all tools, towels, and appliances
therein shall be kept clean and sanitary. Employes shall be
clean in person and clothing and free from communicable dis-
ease. No stick form of astringent nor powder puff shall be
based, head rests shall be covered with fresh paper or towels
for each patron, and no solution containing wood alcohol shall
be used on hair or person. No person with disease of head or
scalp shall be barbered or treated in any shop, and no one with
diseased hands shall be manicured in a public shop.
251. Diseases of Lower Animals: Every person who dis-
covers a case of Glanders or Rabies (Hydrophobia) shall re-
port the facts and data as to ownership, location, etc., to the
Health Officer, who shall take action in the manner outlined
by C. G. L. Sec. 3148 and State Rule 51, and such further ac-
tion as may be deemed proper.
CITY CODE 35
CHAPTER 11. ARTICLE 4.
GARBAGE, REFUSE, SEWAGE AND SANITATION:
255. Definitions: The meaning and construction here-
inafter set forth shall be assigned to the following words and
phrases as herein used respectively:
(a) Garbage: All kitchen or table refuse, offal, vege-
table parings or other refuse material of any kind (other than
dish water or other liquid), containing animal or vegetable
matter tending to rapid decay or putrification.
(b) Rubbish: All discarded whole or broken bottles,
cans, bones, pieces of metal, wood, paper, rags, pasteboard,
sweepings or other material of any kind not containing animal
or vegetable matter tending to rapid decay or putrification.
(c) Industrial Waste: All waste material and rubbish
of every kind which originates at any manufacturing plant,
shop or place of business, and all building material resulting
from the erection, removal, repair or tearing down or destruc-
tion of buildings.
(d) Trash: All dead or severed grass, weeds, brush, or
father combustible or abandoned matter, refuse, rubbish or
thing of any kind; on any vacant lot or other property not
cared for as Garbage, Refuse or Industrial Waste.
(e) Refuse: A general term including all garbage, rub-
bish, industrial waste and trash.
(f) Sewage: All human excreta, toilet paper, soluble
paper napkins, bath and wash water, slops and other liquids or
easily soluble material not containing cloth, sand, gravel, par-
ticles of glass, metal or other substances that are not readily
COLLECTION OF REFUSE:
256. (a) Garbage shall be drained of all liquid and
moisture, or if moist wrapped in paper, and deposited, placed
or stored by every housekeeper, occupant or owner of prop-
erty in the City, or by his agent; in a sufficient number of
suitable garbage cans.
(b) Garbage Cans shall be of galvanized or other suit-
able metal material holding not less than three gallons, nor
more than thirty gallons, fitted with proper handles and pro-
vided with a cover, which shall be kept in place at all times.
It shall be permissible for the City to purchase necessary
garbage cans of the kind required by the Ordinance, and to
furnish the same to all users thereof at cost.
(c) Rubbish, consisting of paper or other light material,
may be placed in cartons, boxes, barrels, bags, or other similar
i ceptacles, which shalt be emptied and left for future use if
labeled or tagged with a request to do so; otherwise such re-
ceptacles may be removed with the contents.
36 CITY CODE
(d) Trash in large quantities, as from any clean up,
when placed at the curb line or elsewhere for removal shall be
weighted down so as to prevent scattering by the wind.
(e) Placing for Removal: All refuse to be removed by
the City shall be deposited or stored by owners and occupants
at such places as may be prescribed by the Health Officer, or
directed by subordinates of the Department, but not so as to
obstruct the street or sidewalk or be washed into sanitary
REMOVAL AND DISPOSAL:
257. (a) By City: Except as hereinafter provided, all
garbage, rubbish and trash, properly collected, stored or placed,
shall be removed by the city trucks as follows: From business
section, every day. From other sections of the city once or
twice per week in the winter time, and twice or three times
per week at other periods, depending on conditions, and as di-
rected and determined by the City Manager, Health Officer
(b) By Individuals: Garbage and other refuse may be
removed by individuals only under conditions imposed and au-
thorized by the Department of Health and Sanitation.
258. Industrial Waste shall be collected and removed by
the owner or occupant of the property, plant, business or estab-
lishment creating or causing it, or by the city, as the City
Manager may direct.
259. Place of Disposal: Garbage and other refuse shall
be disposed of only at the City Incinerator, City Dump, or other
place authorized by the Department of Health and Sanitation
and under classification and rules provided by such depart-
260. Prohibited Disposal: No garbage or other refuse
of any kind shall be dumped, thrown or plated in any public
street or place except as directed by the proper officers of the
city nor upon any private lot or property of another if such lot
or property shall have posted thereon in two or more places,
suitable posters or notices prohibiting such dumping or placing
of refuse thereon.
261. Sewage shall be disposed of only through proper
water closets, urinals, sinks, catch basins and other plumbing
fixtures and facilities; into sewers or approved septic tanks or
sanitary screened privies, constructed at the expense of owners
or occupants to conform with plans and specifications promul-
gated by the State Board of Health and furnished by the De-
partment of Health and Sanitation.
262. Sanitary Water Closets flushed into the City sewer
system, or approved septic tanks kept in good working order,
are required wherever connection can be made with the City,
or other water system at a point within 200 feet of such dis-
CITY CODE 37
tributing system, and connection with the City sewer system
is required if accessible within 200 feet. No rubbish or trash
shall be placed in sanitary water closets.
263. Septic Tanks and Sanitary Privies may be con-
structed only where the nature or elevation of the soil will
permit proper functioning, and only upon permit granted or
approved by the Health Officer or designated subordinates.
No rubbish or trash shall be deposited in any sanitary privy.
Septic tanks and privies not constructed as herein provided,
or located within 75 feet of any well are prohibited.
OTHER PROHIBITED ACTS AND CONDITIONS:
264. (a) Wells shall not be open nor constructed so as
to allow deleterious matter to flow or run back into them.
(b) The bucket system for privies is prohibited.
(c) Hogs and Diseased Animals (if disease is commun-
icable), shall not be kept or permitted in the city.
(d) Dogs, Chickens, or other animals or fowl shall not
be permitted to run or roam at large inJ the City, except li-
censed dogs that are gentle and do not interfere with garbage
cans or property of others than the owner. No property rights
in an unlicensed dog shall be recognized. (See 842).
te) Lord and Needless Blowing of locomotive whistles,
and automobile sounding devices is forbidden.
38 CITY CODE
CHAPTER II. ARTICLE S.
CITY OF FORT PIERCE.
268. Occupational Licese: Every person, firm or cor-
poration, desiring to sell or deliver milk, cream, or buttermilk,
in the City, except to a pasteurizing plant, shall apply to the
City Treasurer for a milk license.
The City Health Officer shall investigate the place of
business and equipment described in such application and the
wagons and other vehicles, if any, intended to be used by such
applicant. If they are found to be in a sanitary condition and
fit for the use intended, he shall, within three days, report fa-
vorably to the City Treasurer, who shall issue an occupational
license to the said applicant to conduct the business in the
City at the place designated in such application only.
269. Suspension and Revocation: All licenses granted
pursuant to this Ordinance may, at any time, be suspended for
one week or revoked by the Health Officer for the persistent,
repeated or willful violation of the provisions of this Ordinance,
or other regulations governing the sale of milk in the City;
provided, however, that such revocation shall not beecome per-
manent unless approved by the Board. Such license shall not
be transferable and shall not entitle or authorize the holder
thereof to carry on the business of vending milk in any places
other than described or set out in such license. The location
of such place of business can be changed only on approval by
the City Department of Health and Sanitation.
270. Foreign Milk: Every applicant who desires to bring
in milk from outside Saint Lucie and adjoining counties, must
accompany his application for said licenses with a statement of
the locality from which he expects to purchase his supply of
milk; the name of the firm or corporation producing it; and a
statement from the State Board of Health of the State in
which the milk is produced as to the sanitary conditions under
which it is produced and handled.
271. Local Dairies: (a) Dairy barns shall be provided
with adequate sewerage to keep the barn and grounds within
two hundred feet therefrom free from pollution and provide for
the disposal of all liquid excreta and waste water.
(b) They shall be equipped with concrete floors, proper
ventilation, and roof, and shall at all times be kept in a clean,
(c) Immediately following milking, all manure shall be
removed at least two hundred (200) feet from the barn, and
these accumulations shall be removed, or treated, as often as
may be necessary to prevent the breeding of flies.
CITY CODE 39
272. Feed Supplies must be separated from the milk
barn by a dust-proof ceiling and partition, or kept in a closed
container that is dust-proof.
273. Milk House: (a) Every dairy shall be equipped
with a properly constructed milk house, a separate building,
located away from any source of contamination.
(b) It shall be provided with a smooth cement or
matched hardwood floor of adequate space for the number of
cows kept, and shall be thoroughly screened and free from
(c) It shall have a room in which to strain, cool and
bottle milk, and when the quantity of milk and of equipment
involved renders it advisable, a separate room may be required
for cleansing and sterilization of bottles, containers and uten-
(d) It shall be kept clean and saritary at all times and
shall be painted at least once each year.
274. Utensils, Sterilization, Etc.: (a) Bottles and
utensils used in the handling of milk shall, in addition to rins-
ing in cold water and washing in hot water to which an alka-
line washing powder has been added, be sterilized previous to
use, either by subjecting' them to live steam for thirty (30)
minutes or boiled in water for thirty (30) minutes; or by such
other method as may be prescribed by the City Health Officer.
(b) Bottle Caps shall be kept clean and free from dust
(c) Strainer Cloths shall be washed immediately after
using and sterilized the same as utensils. All those showing
mold or mold stains shall be discarded. After washing and
sterilizing, they shall be kept in a clean, dry container, free
from dust and flies.
(d) Milk Pails shall be of the fishmouth type, havirg an
opening not to exceed eight inches long and four and three-
quarters inches wide, and all seams shall be soldered smooth.
(e) Vehicles used for delivering mi:k shall be enclosed
and kept in a clean, sanitary condition.
275. Herd-Care and Testing: (a) All cows in the
dairy herd shall be free from disease or injury that would in
any way affect the milk and reasonably free from ticks. They
shall be excluded from the herd for failure to meet the above
requirements, and the milk of all cows shall be excluded for a
period of at least ten days before and after parturition.
(b) Tuberculosis Tests shall be given every cow at least
once each year in the manner prescribed by the State Live
Stock Sanitary Board, and a copy filed with the City Health
Officer within ten days. Should reactors be found, they shall
be at once removed from the herd. and the City Health Officer
40 CITY CODE
immediately notified. Where reactors are found in a dairy
herd, it shall be retested within six months, and such tests re-
peated until, in the opinions of the State Inspectors, the herd
is free from tuberculosis.
276. Milking: (a) Milkers must be cleanly in clothes
milk food products, and they shall obtain medical examination
and person when milking or handling milk.
(b) Visible Dirt must be removed from the tail and
flanks of all cows and the udders and teats washed with clean
water and then dried with a clean cloth before milking.
(c) Hands of Milkers must be free from infected sores,
and must be thoroughly washed with soap and water and dried
immediately before milking. Dry hand mi king only shall be
(d) Freedom from communicable disease shall be re-
quired of all milkers and helpers engaged in handling milk or
as often as required and provided for by the City Food Or-
(e) Sickness among milkers, handlers of milk and their
families, shall be reported at once to the City Health Officer
by the owner of the dairy.
277. Condemnation and Disposi:ion: (a) Milk show-
ing visible dirt, flies or other insects or their eggs, or vermin
of any sort, shall be condemned, and shall not be sold or util-
ized for human consumption.
(b) Milk or cream having a bitter or offensive odor or
taste from any cause whatsoever, or adultered in any way, or
condemned for human or other use, for any cause whatsoever,
shall be disposed of a& the City Health Officer may direct.
278. Inspection Requirements and Grade: (a) It shall
be the duty of the City Health Officer to inspect or have in-
spected each dairy supplying milk or milk products to the City
at least once each month and to co lect and examine, or have
examined, such samples as may be necessary to enforce the
provisions of this Ordinance.
(b) All milk sold or offered for sale as whole milk in
the City shall have a butter-fat content of three and one-half
per cent; solids not fat, eight and one-half per cent, and a
,water content, not to exceed ei'hty-ei'ht per cent. Cream
shall have a butter-fat content of twenty per cent.
(c) No milk shall be so'd in the City with a bacterial
count above 300,000.
(d) All milk sold in the City shall be graded as follows
and reported accordingly:
Certified milk, or milk certified by a Medical Milk
Commission and having a bacterial count of less than
CITY CODE 41
Grade A, or milk having a bacterial count which
at no time exceeds 100,000.
Grade B, or milk having a bacterial count which
at no time exceeds 200,000.
Grade C, or milk having a bacterial count above
200,000 and which is recommended for cooking pur-
Skimmed milk, or milk from which cream has
been removed and graded according to the bacterial
Pasteurized mi:k, or milk heated to 145 degrees
Fahrenheit and maintained at that temperature for
thirty minutes, then cooled to 50 degrees F. and held
at or below that temperature until delivered to the
consumer, and having a bacterial count which at no
time exceeds Fifty Thousand (50,000).
(e) The grade of milk being produced by each dairy
shall be determined by the bacterial examination of at least
one sample per month from that dairy, such examination to be
made by the City Bacteriologist, or as the City Manager shall
(f) The grading period shall consist of three successive
months and the grade of milk produced by each dairyman
shall be determined by an average of the bacterial counts of
the samples examined from such dairy during that grading
period. At the close of a grading period the City Bacteriolo-
gist or Health Officer shall report his findings as relates to
the various dairies supplying milk in the City, and tender a
copy to all city newspapers for their information.
279. Labeling: False labeling or the use of labels or
caps bearing the name of a dairy or milk company other than
the producer, shall not be permitted, and all labels shall show
by name from what dairy the contents of the container orig-
inated, if so ordered by the City Health Officer or City
280. Cooling: All milk shall be cooled to sixty (60) de-
grees Fahrenheit or below immediately after drawing and
maintained at that temperature until delivered. The produc-
tion and distribution of imported milk shall be subject to all
the provisions of this Ordinance.
281. Milk Containers: (a) All milk and cream shall
be retailed in standard milk bottles properly sealed or capped.
Wholesalers may receive milk and cream in standard milk
cans. No milk bottles used for the delivery of milk or cream
shall be used for any other purpose by either the dairyman or
42 CITY CODE
(b) Consumers shall return bottles or cans to dairymen
or dealers thoroughly washed and cleaned.
(c) Persons or families having any infectious or con-
tagious diseases shall not return to dairymen any receptacle or
bottle until the persons and premises are declared free of the
disease and the bottles properly sterilized or disinfected.
282. Appeals may be taken as provided in Sections 31 to
37, inclusive, of this City Code.
CITY CODE 43
CHAPTER II. ARTICLE 6.
CITY OF FORT PIERCE.
FOODS, FOODSTUFFS AND DRINKS:
285. Sanitation and Cleanliness Required: All food,
faodstuffs and drinks intended for consumption by human be-
i-'gs, and all substances and materials from which they are
Mnunufactured or prepared, hereinafter termed "Foods", and all
bakeries, stores, hotels, vehicles, or other places of any kind,
in which they are manufactured, prepared, stored, sold, trans-
ported, served or otherwise held or disposed of; and all furni-
ture, fixtures, and utensils used, accommodations and facilities
fu-nished, and persons engaged or employed in such business,
or hereinafter required, shall be inspected, clean and sanitary,
-nd every person owning, operating or in charge of such places,
f ods and things, shall keep them in such condition at all
286. Covers and Screens: No person shall manufacture,
prepare, storr transport, keep, serve, expose or offer for sale
any foods of any kind in any place in the city unless such
places and foods are at all times covered, screened, or other-
wise protected in such manner as not to be accessible to in-
sects, dirt and dust; but this provision shall not apply to any
article in unbroken packages or containers tightly closed nor
to fruits and vegetables which are peeled or cooked before
287. Physical' Examination of Persons: (a) All per-
sons engaged or employed in any business or place mentioned
in the two preceding paragraphs must be examined by the City
Physician or other reputable resident practicing physician, or
by a nurse under his direction, before engaging in such work;
and shall be re-examined during the first week of April and
October of each year, unless examined within thirty days prior
thereto, and at such other times as the Inspector may require;
and obtain from such physician a certificate of freedom from
any venereal or other contagious, infectious or communicable
disease, which certificate shall be retained by such person and
exhibited to any Inspector upon request.
(b) No person shall handle any foods in any place here-
in referred to while there is a case of infectious or contagious
disease at his place of residence. Provided, however, that
nurses, physicians, housekeepers and members of the family,
may care for persons suffering from such diseases, but shall
not handle foods outside of such household during such times
except under proper restrictions authorized by the Health Of-
ficer or City Physician.
44 CITY CODE
288. Physician's Responsibility-Rl Test: Every ex-
amination herein required shall be a real test, such as the phy-
sician should stake his reputation upon, and not merely a per-
functory proceeding. The fee shall not exceed Five Dollars.
Any physician who issues a certificate without a proper exam-
ination for the object contemplated, shall be deemed guilty of
violating this provision and shall be prosecuted and punished
289. (a) Buildings, Walls and Places: All stores, mar-
hets, restaurants, and other places where food or drinks are
kept, sold or served, must be kept free from accumulated
grease, food particles, etc. The walls, floors and ceiling shall
be kept clean and in good repair. The walls and ceiling shall
be painted with white paint at least once each twelve months
or whitewashed every six months.
(b) Sleeping Quarters shall not be allowed in any food
products establishment or in any part thereof, unless the same
shall be a separate and tightly ceiled room with an entrance
and exit only to the outside of such building.
(c) Dogs, cats and chickens or other live fowl or ani-
mals of any description shall not be permitted free access to
any place where foods are kept or served.
(d) Help: Every person in any way connected with the
handling, cooking or preparation of any foodstuffs or products
in any food-handling establishment shall be familiar with all
food Ordinance provisions, and shall wear clean clothing and
be clean about his person.
(e) No such person shall engage at work on his particu-
lar duty following a visit'to water closet, urinal or toilet, with-
out first thoroughly cleaning his or her hands.
290. (a) Ice Boxes, refrigerators and storage rooms
must be free from foul and unpleasant odors, grease or food
particles, mould or slime, and thoroughly cleansed at least
once a week.
(b) Counters, Tables, shelves, bins, drains, sinks, etc.,
must be without open cracks which permit accumulation of
dirt, and must be kept thoroughly scrubbed and cleansed.
(c) Utensils: The use of cracked or chipped saucers,
plates, cups or other vessels or containers, or the use in any
way of any fork, spoon or other utensil which is so badly worn,
rusted, corroded or in such a condition that it cannot be ren-
dered clean and sanitary by washing, are prohibited.
(d) Napkins or Cloths used in serving food or drink
shall not be used to clean or wipe the counter, stand, shelf,
table, chair, dish or utensil.
CITY CODE 45,
(e) Clothing, boots, shoes or other personal effects,
sha'l not be kept in any kitchen or place where food is handled
(f) Garbage shall be kept in tightly covered metal re-
centacles and removed at least onee daily, and all provisions
relating to garbage removal must be observed.
291. (a) Toilets: All persons engaged in a business
herein mentioned shall provide for employes and patrons, a
toi ot or toilets, amply illuminated, properly ventilated, ade-
quately screened and otherwise made fly-proof, connected with
sewer or septic tank, and city water supply, and kept in a sani-
(b) Washing Facilities: All establishments shall pro-
vide washing facilities ample for the use of the employes, and
patrons, which shall at all times be maintained in a clean and
sanitary condition. Water, soap and individual clean towels
or paper towels shall be furnished.
(c) Cuspidors for the use of operators, employes, clerks
or other persons, shall be provided whenever necessary, and
each cuspidor shall be thoroughly emptied and washed out
daily with a disinfectant solution, and five ounces of such a
solution shall be left in each cuspidor which is in use. No
person shall expectorate or dispose of any substance from the
human body in any manner other than in the proper recep-
tacle provided for that purpose.
(d) Drinking Cups: No common drinking cup or glass
shall be provided in or upon the premises of any public place.
SPECIAL FOOD REQUIREMENTS:
292. (a) Unused or Returned Food: Food served to
customers and then returned to kitchen or serving room must
not be served again.
(b) Canned Foods: All food or drink purchased in
sealed tin can or containers shall immediately be removed from
such tin cans or containers after they are opened and contents
exposed to the air.
(c) Milk, Cream and Buttermilk shall be kept at a tem-
perature of 50 deg. F., or less. The use of milk pumps, dip-
pers, etc., is hereby' prohibited. All milk must be served in
the original container so labeled as to show the name of the
persons or establishment bottling same, as well as the grade of
(d) Fish, Oysters and other similar goods shall be kept
in a refrigerator or other cool place, and shall be kept fresh
and sanitary, or salted or preserved in a manner approved by
the Health Officer or Inspector.
46 CITY CODE
(e) Flesh, for food purposes, shall be smoked, salted and
properly preserved, or kept cool and fresh. No meat or meat
products shall be sold, offered or otherwise disposed of in the
City unless inspected and bearing a stamp certifying carcass
at the time of slaughter to be free from any disease or para-
sitic infection. The person making such inspection shall have
been approved by the Department of Health and Sanitation.
(f) Fowl of any kind shall not be kept, sold or offered
for sa'e in the city unless it shall be free from any disease or
pPrasitic infection. Whenever so directed by the Health Offi-
eer it shall be inspected and passed by an Inspector of the De-
pa-tment of Health and Sanitation before sold or served.
293. Food Inspetor's Duties: The Health Officer, or
inv subordinate acting as Food Inspector. shall visit at fre-
quent intervals of not more than one month, every place re-
ferred to in the paragraphs of this article relating to food, and
inspect such places and the foods, utensils, accommodations
-.nd persons therein used, furnished, engaged or employed re-
spectively, and see that they and each of them complies with
the requirements of this Chapter.
294. Authority of lspector-Nuisances: All tainted,
contaminated, unwholesome or dangerous articles or items of
food or drink, and all cracked, chipped, corroded or otherwise
unsanitary or dangerous dishes, utensils, or other things used
in keeping, storing, containing, preparing or serving foods, are
hereby declared nuisances per se, and may be summarily con-
demned and destroyed by the City Health Officer or any In-
spector, Policeman or other person acting by his authority or
under his direction.
295. lspection--Results: (a) If, upon inspection any
food producing, distributing or serving establishment, convey-
ance, employee, operator, employer, clerk, driver, or other per-
son is found to be violating any of the provisions of this Or-
dinance; or if the plant, process or work is being conducted in
a manner detrimental to the health of the employes and op-
erators, or injurious to the quality of food value of such food
therein being produced, manufactured, packed, stored, so'd,
distributed, served or conveyed; the Officer or Inspector mak-
ing such examination or inspection shall thereupon take such
immediate steps as conditions warrant, and report to the
Health Officer, who shall issue such rule or order to the of-
fender as he may deem proper to remedy conditions.
(b) For violation of Ordinance provisions, or orders of
the Board or himself, the Health Officer may suspend the Oc-
cupational License for a period of not exceeding one week and
report to the Board, who may suspend the license for a longer
period or reinstate or revoke it entirely. This remedy shall
be in addition to criminal prosecutions.
CITY CODE 47
296. General Provisions as to Inspector, Right of Access,
Powers, Duties and Interference with Inspectors and Appeals
are dealt with in Sections 209 to 214, q. v.
297. Appeals may be taken as provided by Sections 31
to 37 of this City Code.
48 CITY CODE
WORKS, WAYS AND UTILITIES CODE.
HEAD OF DEPARTMENT OF WORKS:
300. The City Manager may appoint a Superintendent of
the Department of Works, who shall have charge of matters
relating to public construction and engineering, streets and
other ways, parks, playgrounds, buildings, building and zoning
inspection, sewers, drains and other public property of the
City. Such Superintendent, if and while there is one, shall be
the Head of the Department; otherwise the City Manager
shall act as such.
301. City Eagineor: If the Head of the LDpartment of
Works is not a civil engineer, or in any event, if deemed ad-
visable, the City Manager may appoint a City Engineer to act
under the Head of the Department, for any particular occa-
sion, or from month to month.
302. Public Buildings shall be constructed and repaired
according to plans and specifications prepared under the direc-
tion of the Head of the Department, and pains shall be taken
that places of public assemblage, whether publicly or privately
owned, shall be structurally safe and comply with all regula-
tions governing such buildings.
303. Building Inspector: When occasion requires, a
building inspector may be appointed by the City Manager to
perform such duties as may be required by him or by the Head
of the Department.
304. Eaginering Records of the City, including plats,
prints and profiles, shall be properly indexed and filed so that
they may be permanently preserved for future use and ref-
erence and readily available at all times. The City Manager
shall provide for such indexing and filing and the Head of the
Department shall be responsible for the proper care and
STREETS AND WAYS:
311. Establikment, Etc.: No street or other way shall
hereafter be established, opened, widened or extended (except
by prescription), without a survey, preservation of the field
notes and plat thereof and approval by Ordinance reciting the
name, width and location of such way; unless shown on a plat
thereof which has been approved by the Commission and is to
be filed for record in the office of the County Clerk of St.
Lucie County, and in such case, the plat shall be identified by
title, name of surveyor or engineer, date of survey or other
distinguishing characteristics. Such approval shall not become
effective until the plat in question is so filed for record.
CITY CODE 49
312. Abandonment, Narrowing, Etc.: No street or way
shall be closed, abandoned, relinquished or narrowed except by
Ordinance, if at all, and in accordance with the provisions of
this Code. (See Sec. 161).
313. Blocking of any street or way is prohibited except
by written permission of the City Manager filed with the Fire
Force and City Clerk, specifying purpose and length of time
allowed, and upon such condition as he may impose, including
compliance with rules as to barricade and lights.
314. Obstructions, when permitted by the City Manager,
shall be subject to such terms as he may impose, but in no case
shall they extend more than half way across the traveled por-
tion of the street, nor so as to leave less than eight feet of
clear space for travel.
315. Excavations, Injury and Repair: No excavation
shall be made in any street except by permission of the City
Manager, and upon such terms as he may impose. Injuries of
any kind must be repaired as soon as possible and at the ex-
pense of the person causing the condition requiring repair.
316. Crossings and Viaducts shall be kept in good, safe
condition, and the City Manager shall see that this duty is
performed by and at the expense of the proper party.
317. Barricades and Warning: Whenever any street,
sidewalk or way is blocked or obstructed by excavations, in-
jury or other cause, it shall be properly barricaded and warn-
ing given at night by red lights properly placed, all at' the ex-
pense of the person or party creating the condition.
PAVEMENT, SIDEWALKS AND CURBS:
321. Pavements shall be constructed and repaired as
provided by Charter; but no new pavement shall be constructed
a:ong any block of any street at an expense to abutting prop-
e'-ty owners in exce:s of Five Dollars per front foot on either
side of the street, over the protest of the owners or their legal
representatives, of sixty per cent of the front footage abutting
on such portion of such street, except by affirmative vote of
f ur members of the City Commission.
322. Sidewalks and Curbs, or either, shall be con-
structed, maintained, repaired or rebuilt tG established grade
furnished by the Department of Works, along, upon or in front
of any portion of any lot or parcel of ground abutting on every
hard-surfaced or other traveled street, by and at the expense
of the own,. thereof or his legal representatives, when so re-
quired by Ordinance or Iesolution of the City Commission, and
publication or service of notice thereof.
323. Carbs shall not extend more than ten (10) inches
above the grade of gutter or pavement, and at intersection
corners, shall be built on a curve with as long a radius as prac-
50 CITY CODE
324. Speeifcations: Sidewalks and curbs shall be re-
paired, or hereafter constructed, with concrete, the mixture of
which shall be as specified by the Department of Works and
kept on file in the office of the Head of the Department, and
known and described as "Concrete Mixture for Sidewalks" and
"Concrete Mixture for Curbs" respectively. Sidewalks shall be
at least four inches in thickness and five feet in width or of
such greater width and thickness as may be required by the
City Manager or prescribed by Ordinance or Resolution of the
325. Permission to Construct: No sidewalk or curb shall
be constructed or relaid except as required by the City Com-
mission, without a written permit from the City Manager and
then upon the grade designated by him.
326. Construction Under Charter, Chapter Eleven, may
be employed to the exclusion of other methods whenever
deemed expedient by the City Commission.
ENCROACHMENTS, OBSTRUCTIONS, ETC.:
331. Encroachments: Except as otherwise provided, no
tree, shrub, telegraph, telephone or other poles, wall or struc-
ture of other than purely temporary character, shall be planted
set or constructed within two feet of the street or inside or
outside line for sidewalk or any paved street without a written
permit from the City Manager, to the end that uniformity may
be secured and encroachment on sidewalks, present or pros-
pective, may be prevented.
332. Excavations, Obstructions, Etc.: Excavations, un-
dersurface construction, protection and maintenance of side-
walks shall be under the supervision of the Head of the De-
oartment of Works, who shall see that obstructions are re-
moved, defects, repaired and that the public is protected and
the Ordinances obeyed.
PARKS AND OTHER PUBLIC PROPERTY:
341. Acquisition and Roliuquishmont: Parks, ways, re-
-reation grounds and other public property may be acquired
by gift, purchase or other lawful means; but shall not be
closed, abandoned or relinquished except as provided by law
342. Use: Parks and recreation places shall be used for
the pleasure, comfort and recreation of the public as the City
Manager or Commission may prescribe; but shall not be used
for commercial purposes except in emergencies.
343. Care: The City Manager shall see that parks ana
other public places are supplied with proper facilities for re-
creation, seats, trees, shrubs, plants and other forms of beauti-
deation and such means of use and enjoyment as are appro-
priate to the particular place; and shall see that the same are
properly maintained and preserved.
CITY CODE 51
351. Head of Department: All Public Utilities shall be
under the direct supervision and control of the City Manager.
but he may delegate such duties and powers as he may see fit
to a Superintendent of Utilities, and may designate him as the
Head of the Department. When there is no other Superinten-
dent of Utilities, or during his absence or disqualification, the
City Manager shall act as such, and be the Head of the De-
352. The Duties of the Superintendent shall be to see
that the plant and equipment of the Light Plant, the Water
Plant, and other Utilities of the City as are placed under his
supervision are properly and economically operated, main-
tained and cared for; that fuel and other proper supplies and
repair parts are on hand and conserved; and that proper rec-
ords and files are prepared and preserved.
353. Record of Costs: The City Manager shall cause a
careful monthly record of the cost of all utilities, including:
(a) plant overhead, (b) fuel and lubrication, etc.), (c) repairs
and maintenance of plant, (d) billing, collecting and admini-
stration, (e) interest and maturities on bonded debt, and (f)
other pertinent data, and shall have such records kept for each
separate utility so far as practicable.
354. Records and Logs of Production of the City light
plant, the City water plant, and such other utilities as the
Commission may direct; shall be prepared, kept and preserved
in the fips of the office of the Department for each month sep-
arately,"nd shall show specifically each of the following items
for each utility so far as practicable: (a) total production in
KW., M. Gals., etc., (b) amount consumed for public use, (c)
amount furnished free, (d) amount furnished and charged to
consumers, (e) amount actually paid for, (f) anfdunt of line
or main loss or shortage not otherwise accounted for, and (g)
other pertinent data. If the amount cannot be definitely de-
termined (e.g. use of water from fire dydrants, etc.), it shall
be estimated as closely as possible and so indicated.
355. Reports to Commission: The City Manager shall
cause a report of the data referred to in the two paragraphs
preceding, to be prepared each month on request by the City
Commission, and may call on any City Officer for assistance
in so doing, and shall furnish a copy thereof to each member
of the Commission and to the Clerk for filing and preservation.
356. Purchases, Expenditures and Extensions shall be
made only in accordance with provisions of law and Ordinance,
and as authorized by the Commission.
52 CITY CODE
357. Regulation of Utilities: The Commission may, by
Resolution, make such regulations and provisions concerning
the City light and water plants and distributing system, docks,
slips, piers, wharfs, hospital, airports, golf course, streams,
sewers and other utilities, as may be deemed advisable to pro-
tect and promote the interests of the City and citizens, and are
not in conflict with the City Charter, other State laws, this
Code or other Ordinances of the City.
CITY CODE 53
401. For' the purpose of this Code the following terms
and words are herewith defined, as follows:
(a) Accessory Building: A subordinate building or portion
of main building, the use of which is incidental to that
of the main building.
(b) Apartment House: A building or portion thereof used
or designed as a residence for three or more families
or households living independently of each other.
(c) Boarding House: A building other than a hotel, where
lodging and meals, for five or more persons, are served
(d) Building: A structure, having a roof supported by col-
umns or walls for shelter, or enclosure of persons,
animals, machinery or other property.
(e) Building, Height Of: The perpendicular distance
measured from the established grade to the highest
point in the coping of a flat roof; to the deck line of
a mansard roof; or to the center height between eaves
and ridge for gable, hip or gambrel roofs.
(f) Court: An open, unoccupied space on the same lot with
a building, enclosed on all sides by walls, or opening
upon a street, alley, yard or set-back.
(g) Dwelling, Two-Family: A building arranged, intended
or designed to'be occupied by two families.
(h) Garage: A bui ding or portion thereof used for housing
or care, not including major repairs, of self-propelled
(i) Private Garage: One used only by the occupant of the
lot or lot area, his bona fide guests and servants.
(i) Community Garage: One used only by persons residing
in the community, their guests and servants.
(k) Public Garage: One used for accommodation of the gen-
eral public, or where vehiclic are equipped, repaired,
or kept for storage, hire or sale.
(I) Lot: Land platted and/or occupied or to be occupied by
a building and,its accessory buildings together with
such open spaces as are required under this Ordinance,
and having its principal frontage upon a street or offi-
cially approved way or place.
(m) Lot Area: A parcel of land under common ownership
with a minimum area of four thousand five hundred
(4500) square feet and a minimum width of forty-five
54 CITY CODE
(n) Corner Lot: A lot situated at the junction of portions of
two or more streets intersecting at an angle of less
than one hundred thirty-five (135) degrees, and hav-
ing a width not greater than ninety (90) feet.
to) Interior Lot: A lot other than a corner lot.
(p) Through Lot: An interior lot having frontage on two
streets which are parallel or nearly so.
(q) Non-Conforming Use: Use or occupancy of a building
or land for a purpose that does not conform with the
express regulations of the use zone in which it is sit-
(r) Setback: The minimum horizontal distance between the
street curb or outer sidewalk line and the front lint
of the building or any projection thereof excluding
steps and unenclosed porches.
(s) Average Setback: Average setback of all conforming
buildings of same zone, facing same street, in same
block if three or more; otherwise including those with-
in three hundred (300) feet of the lot in question on
both sides of the street in same zone.
(t) Net Average Setback: Average setback of the building
nearest to the average for remaining buildings; afteL
excluding the number, nearest to 20% of the total
number, having the greatest departure from the aver-
(u) Street: A public thoroughfare more than twenty-five
(25) feet wide.
(v) Structure: Anything constructed or erected, the use of
which requires more or less permanent location on
the soil, or attached to something having a permanent
location on the soil.
(w) Structural Alterations: Any change in the supporting
members of a building, such as bearing walls, columns,
beams or girders.
(z) Yard: An open space on the same lot with a building
unoccupied and unobstructed from the ground upward,
except as otherwise provided herein.
(y) Rear Yard: A yard, unoccupied except by an acces-
sory building as hereinafter permitted, extending
across the full width of the lot between the rear of
the building and the rear line of the lot.
(s) Sise Yard: A yard between the building and the side
line of the lot and extending from the street line to
the rear yard.
The word "shall" is mandatory and not directory. Words
not herein defined shall be construed as defined in other Codes,
so far as consistent with the context and purpose of this Code.
CITY CODE 55
ZONES AND ZONING.
CREATIONS OF ZONES:
402. For the purpose of protecting the health, morals
and general welfare of the community; securing safety from
fire, panic and other dangers; affording adequate light, air and
privacy; insuring suitable surroundings for domestic comfort,
repose and contentment; promoting culture and aesthetic con-
siderations; avoiding congestion of population and traffic; fur-
nishing proper facilities for water supply, sewage and refuse
dispcsil. lighting, heat and power; conserving the value of
land and structures; encouraging immigration and investments;
and affording ample areas and accommodations for establish-
ment and growth of industries and transportation by regulat-
ing ana restricting the construction and use of buildings ana
property; the Cit3 of Fort Pierce, Florida, is hereby divided
into the eight following classes of districts or zones as follows,
Zone A: Restricted Residence District.
Zone B: General Residence District.
Zone C: Combined Residence District.
Zone D: Business District.
Zone E: Restricted Industrial District.
Zone F: General Industrial District.
Zone G: Unrestricted Commercial District.
Zone H: Special Combined District.
403. Boundaries: The boundaries of said districts shall
be as shown on the Zoning Map, the original of which is on
file in the office of the Department of Works, and a copy of
which will be published for distribution. All notations, ref-
ercnces and other data shown on said plat, except as herein-
after modified and explained, shall be as much a part of this
Cde as though fully set forth herein.
434. Except as hereinafter provided, no building or
premises in any of the said districts shall be hereafter erected,
altered or used for any purpose except for one or more of the
uses hereinafter expressly authorized in and for each of the
said Zones respectively. (See Sections 555, 556 and 557 as ts
structures over the Indian River). Provided, however, that
Zones "A", "B", and "C", "D" and "E" shall be restricted to
homes, institutions and places for use only by persons of other
than the Negro race, and their servants; excluding every per-
son, corporation, firm and/or association controlled by Negro
officers or members; and Zone "H" shall be restricted to
56 CITY CODE
homes, institutions, places, trades, buildings and businesses oc-
cupied, used and conducted exclusively by persons of Africain
descent, and firms, associations and corporations controlled by
officers and stockholders of African descent.
405. The Rastricted Residence District, Zone "A", shall
be retsricted to the following uses and purposes:
(a) Single family dwellings costing not less than
$4,000.00, and accessory buildings, such as garage-apartments
for servants' quarters, private garages, boat houses, hangars,
etc. (Does not include group or row rouses).
(b) Churches, rectories, parish houses, schools, libraries,
art galleries, etc.
(c) Greenhouses, plant conservatories, gardens, groves
and truck farms, etc.
(d) Parks, tennis courts, golf courses, playgrounds, etc.
(e) Name plates and signs not exceeding 4 square feet
in size pertaining to sale, lease or use of premsies.
406. The General Residence District, Zone "B", shall be
restricted to the uses and purposes of Zone A, and:
(a) One and two-family dwellings with accessory build-
ings, including garage-apartments and private garages with
not over 4 stalls.
(b) Convents and other similar buildings for religious
(c) Home occupations not involving retail business on
(d) Home offices for professions, in building occupied
as private dwelling by the practitioner.
407. The Combined Residence District, or Zone "C",
shall be restricted to the uses and purposes of Zones "A" and
(a) Multiple dwellings or apartment houses for over
two families, and accessory buildings.
(b) Hotels, boarding and rooming houses, restaurants,
(c) Private Clubs, the chief activity of which is not a
service customarily conducted as a business other than serving
(d) Hospitals and eleemosynary institutions (not penal
or correctional in nature, nor for care of mentally defective
(e) Garages, private, community or public, for storage,
washing and minor service and repairs only.
(f) Fraternal temples, halls, and lodge, rooms;, literary
and social clubs, etc.
CITY CODE 57
(g) Court Houses and Municipal Buildinga.
(h) Telephone Exchanges, Railroad and Street Railway
passenger depots, Bus Stations, etc.
(i) Signs and advertising not exceeding 36 square feet,
set 20 feet from street line.
408. The Business District, Zone "D", shall be restricted
to the uses and purposes of Zones "A", "B" and "C", and:
(a) Mercantile establishments, stores, sales and show
room for jobbing and retail purposes.
(b) Wholesale warehouses and stores, handling dry
goods, clothing, furnishings, notions, etc., but not including
machinery, heavy hardware, groceries, etc.
(c) Professional and trade offices and studios.
(d) Theatres, shows, recreation halls, arenas, pools and
places, except amusement parks.
(e) Business and co-operative clubs.
(f) Garages, including small machine and repair shops
(g) Hand and small machine, cigar, shoe, furniture and
other repair shops and factories, employing five persons or
less; excluding those expressly named or described under
Zones "E" and "F", and Building Code, Section 513; but in-
cluding the following trades, factories, establishments and
(h) Barber shops, bootblack stands, dentists, doctors,
dressmakers, jewelers, opticians, surgeons and their operating
rooms, tailors, undertakers, etc.
(i) Licensed and permitted signs and bill boards.
409. The Restricted Industrial District, Zone "E", shall
be restricted to the uses and purposes of Zones "A", "B", "C",
and "D", and:
(a) Group or row tenement houses and tourist camps.
(b) Filling Stations and places furnishing gasoline, oil,
air, auto accessories, personal accommodations, cigars, soft
drinks, etc., and storing not to exceed twenty thousand (20,-
000) gallons of gasoline or other flammable fluid in under-
(c) Any of the following mentioned industries, to-wit:
Amusement parks, bakeries, blacksmith shops, boat shop or
works, bottling works, brick making, building material storage,
canning factories for citrus and agricultural products, cabinet,
carpenter, cigar and cooper shops and factories, coal, coke and
wood yards, cold storage, concrete blocks and products, dry
cleaning, dyeing, factories producing paper, building material
and food products, fertilizer warehouses, furniture and other
repair shops, ice and ice cream factories, laundries, lumber
58 CITY CODE
yards, mattress factories, machine shops, milk pasteurizing and
distributing plants, monumental and stone-cutting shops, orna-
mental plaster, etc., planing mills, poultry markets, junk and
scrap shops and yards, storage warehouses and other industries
allowed with limitations in District "D".
(d) Automobile repair shops and overhead tanks foi
storage of flammable liquids. See 808-810 of City Code.
Excluding all other industries expressly permitted in or
excluded from the Zones "F" and "H", and especially excluding
such places, plants and industries as are inherently extremely
dangerous, injurious, obnoxious, or offensive to such a neigh-
borhood by reason of noise, smoke, odor, gas, dust, or other
objectionable features, or which have been declared a nuisance
without reversal in any court of record. See Building Code,
Sections 555-557, for other restrictions.
410. The General Industrial District, Zone "F", shall be
restricted to the uses and purposes of Zones "A", "B", "C",
"D", and "E" (excluding two-family and apartment dwellings,
and buildings excluded by Sections 555, 556 and 557 of the
Building Code), and:
All factories, works and industries for manufacture or
preparation of acetylene, acids, fertilizers, gas, ammonia, gela-
tin, glue, leather, leather goods and products, oil refineries and
oil products; paint, oil, shellac, turpentine and varnish; paper.
petroleum products, potash, pyralin, rubber and rubber goods
and products; sauerkraut, sausages, soap and soda compounds;
also blast furnaces, boiler works, cemeteries, crematories, and
coke ovens; fish and sea food receiving, storing, packing, cur-
ing, preparing and shipping houses and plants; rendering, re-
ducing and incinerating plants; roundhouses, railroad shops,
storage of detonators and not exceeding 100 pounds of gun-
powder, 50 pounds of less than 60% dynamite, and gasoline or
other flammable fluid as provided in Chapter VIII, Article 1;
and any other places and industries not inherently and ex-
Except the following, which shall not be permitted in the
City Limits under any conditions, to-wit: Abbatoirs, produc-
tion or storage of poisonous gas, T.N.T., 60% dynamite or
other equally powerful high explosives, or storage of any explo-
sive or detonator within one thousand (1000) feet of any
dwelling or other living quarters (such distance to be increased
five (5) feet each 100 pounds stored); detonators stored with-
in 100 feet of other explosives.
411. The Unrestricted Commercial District shall be re-
stricted to stores, shops, factories, offices and other places of
business and industry conducted and used without restriction
CITY CODE 59
as to race and color, and for uses authorized in Zones "A",
*'B", "C", "D", "E", and "H"; provided, however, that no
building hereafter erected south of Avenue B in said Zone
"'G" shall be used or occupied by persons of Negro or African
descent, in any capacity; and no building north of Avenue "B"
in said Zone "H" shall be used or occupied as a dwelling, apart-
ment house, hotel, lodging house or other living quarters by
persons of the Caucasian race.
412. The Special Combined District, "Zone "H", shall be
restricted to dwellings and other buildings, places, trades, oc-
cupations, businesses, industries, etc., occupied, used and con-
ducted only by Negroes or persons of African descent; firms or
associations with such members, and corporations with such of-
ficers or stockholders, and by no other class or classes.
The more specific and particular sub-districts of said Zone
"H" shall hereafter be determined and designated by the
City Commission when occasion requires.
415. (a) Use of any lot or parcel of land in Zones
"A" or "B" for uses expressly authorized for Zone "C", or in
Zone "C" for uses expressly authorized in Zone "D", may be
permitted on the conditions stated in sub-section (d) hereof.
(b) Use of any lot or lots in any Zone by any person,
firm or corporation, irrespective of race or color of the per-
son, member, officers or stockholders, may be permitted on the
conditions stated in sub-section (d) hereof.
(c) Public garages, gasoline filing stations and under-
groun\ storage tanks storing not to exceed two thousand gal-
lons ot flammable fluid may be hereafter built and used in
Zones "C" and "D" on the conditions stated in sub-section (d)
hereof. No such garage or station shall have an entrance or
exit for motor vehicles within two hundred feet of any en-
trance or exit of a public or private school, playground, park,
entrance to theatre, church, library, cemetery, hospital or
other eleemosynary institution.
(d) The uses mentioned in sub-sections (a), (b) and (c)
of this Section may be permitted only on condition that there
is filed with the application for such use, the written consent
of the owners of adjoining lots on both sides facing the same
street or way; and the owners of seventy-five per cent (75%)
of all other land and seventy-five per cent (75%) of all other
owners of land in the same or more restricted Zones within 300
feet of the lot or lots in question, and not separated therefrom
by more than one street or alley; but the owners of any area or
lot used for any similar purposes shall be deemed to consent;
and shall be so considered in determining who have consented.
60 CITY OODE
For other prohibited occupancies see Building Code,
421. Except as hereinafter provided, no buildings in
Zones "A", "B" and "H" shall be erected or repaired so as
to exceed in height two-thirds of the frontage of the plot on
which built. (Sec Building Code 515 (a), 517 (b) and 551.)
422. Height Exceptions: Chimneys, ventilators, towers,
spires and domes and penthouses not occupied. Accessory
buildings shall not exceed in height the limits for principal
building, nor in any case two stories or 28 feet. If through
lots do not exceed three hundred feet in length, the height
may be computed from curb level of either street.
431 (a) Dwellings, Hotels, Etc.: Except as hereinafter
provided [also see Building Code 515 (b) and 551 (b)], the
lot area for dwellings hereafter erected or altered in each
Zone, exclusive of accessory buildings, shall not be less than
the minimum herein fixed for the respective Zones as follows:
(b) Single Family Dwellings,-Zones "A", "B", "C" and
"D": Four times the ground surface covered by the building
exclusive of patio, court, areaway or airshaft.
(c) Two-Family Dwe::ings,-Zone3 "B", "C" and "D":
Same as for single dwellings but not less than 3,500 square
feet for each family.
(d) Apartment Houses,-Zones "C", "D" and "E":
Double the ground surface covered and not less than 625
square feet per family or apartment. Hotels and Rooming
Houses: 120 square feet floor space for each bedroom..
(e) Group or Row Houses,-Zones "E", "F", "G" and
"H": 1,500 square feet each.
(f) Boarding and Rooming Houses: Average of 150
square feet floor space for each room, 120 square feet floor
space for each bedroom.
(g) Churches may occupy one-half of interior lots and
three-fourths of corner lots.
(h) Schools must provide 10,000 square feet for play-
grounds, but subject to such restriction may occupy one-fourth
of lot area.
(i) Libraries, Clubs, Art Galler'e3, Etc., may occupy
90% of lot area.
(j) Stores, Shops, Factories, Etc., may occupy 90% of
lot area. Entire lot may be occupied by first story, if there is
a rear alley or the lot is on the corner, except as provided by
Section 451 (e).
(k) Accessory Buildings,-A!l Zones, shall not cover an
area exceeding one-half the space which may be occupied by
principal dwelling or building.
CITY CODE 61
432. (a) Semi-Detached Dwellings for two, three or
four families shall be considered as one building occupying one
lot for area computations.
(b) Projections: Except for ordinary sills, belt and
ornamental courses with not exceeding six (6) inches projec-
tion, and eaves not exceeding three (3) feet projection; re-
quired yards and courts shall be unobstructed from lowest
point to the sky except as provided in this Section.
(c) Cornices shall not project more than four feet, nor
over a street to exceed 5% of street width.
(d) Fire Escapes, open or enclosed, fireproof outside
stairways and balconies opening upon fire towers, may project
not exceeding three and one-half (3%) feet into a court or
five (5) feet into a yard.
(e) Fireplaces, Chimneys, Flues, Alcove and Bay Win-
dow Extensions may extend outward two (2) feet from a
building; providing it does not encroach on property of the
public or private property of others, and is not considered by
the Department of Works an undue obstruction of light and
441. The minimum setback for buildings in the respec-
tive Zones shall be as follows:
(a) Dwellings,-Zone A: The net average setback of
dwellings, but shall not be less than 25 feet and need not ex-
ceed 40 feet. Other Principal Buildings: Same as for dwell-
ings in Zone "B".
(b) Dwellings,-Zone B: Same as for Zone "A" dwell-
ings, except shall not be less than 20 feet and need not exceed
(c) Other Principal Buildings,-Zones "A" and "B":
Same as for dwellings, except shall not be less than 15 feet
and need not exceed 30 feet.
(d) Dwelling,--Zones "C", "D", "E" and "F": (Not
including group and row houses). Same as for Zone "A"
dwellings, except shall not be less than 15 feet and need not
be more than 25 feet.
(e) Other Principal Bui'dings allowed in Zone "C":
Same as for dwellings in Zone "C", except need not be more
than 20 feet.
(f) Buildings in Zones "D", "E", "F", "G" and "H",-
Except Dwellings, Filling Stations, Group and Row Houses:
On line with inside of sidewalks in same block, or in adjoining
block if none in same block, and not less than five feet from
curb of curbed streets.
(g) Filling Stations must be set back so that cars in the
street cannot be filled from the hose or pump.
62 CITY CODE
(h) Group and Row Houses: Not less than 5 feet from
442. Corner Lots: Except as hereinafter provided the
setback from the longer exterior side of any corner lot for any
Zone or class of buildings shall be the total side yard require-
ments, exclusive of street, less the minimum requirement for
one side; but if the building is constructed to face such longer
side, the setback from such street shall be not less than one-half
the setback for such buildings thereon, the side yard on outer
side shall be same as setback thereon, and accessory buildings
shall have the setback of other buildings on such street.
451. Except as hereinafter provided there shall be a rear
yard back of the principal building, the minimum depth of
which shall be as follows:
(a) One and Two-Family Dwellings,-All Zones: One-
fourth ('A) of the depth for first story, with a minimum of 25
feet; and one-third (1/3 of lot depth for all stories above the
first story, with a minimum of 33 feet.
(b) Apartment, Boarding and Rooming Houses: One-
fifth (1/5 of lot depth for first story with a minimum of 20
feet, and one-fourth (%) of lot depth for all other stories,
with a minimum of 28 feet.
(c) Churches, Schools, Theatres, Libraries, Clubs, Etc.:
Not less than twenty (20) feet.
(d) Group or Row Houses,-Zonas "E", "F", "G" and
"H": Not less than eighteen (18) feet.
(e) Business or Commercial Buildings,-Zones "D",
"E", "F", "G" and "H": One-tenth (1/10) of lot depth, with
a minimum of ten (10) feet exclusive of alley for first story,
and two (2) feet increase for each additional story; except
that corner lot sides adjoining streets may extend to lot lines
if three hundred (300) square feet of op-'n space is left on
the lot at interior rear corner for first story, with 60 square
feet increase of open space for each additional story in height.
(f) Industrial Buildings, Etc.: Five hundred (500)
square feet for first story, and 100 square feet for each addi-
tional story. No rear yard required if building abuts on
street, alley or open space of railroad yards or tracks.
PEAR YARD EXCEPTIONS:
452. (a) Buildings on lots running through from street
to street may furnish an equivalent open space in lieu of rear
(b) One-half of street or alley may be included in com-
puting depth of rear yard, except as otherwise expressly pro-
CITY CODE 63
456. Side yards shall be provided for all principal build-
ings as follows:
(a) Dwellings,-Zones "A" and "B": One-story single
or two-family: One-fourth (1%) of average width of lot, for
both sides; minimum, exclusive of street or ways for either
side, five (5) feet; one foot additional on each side for each
additional story. Minimum space between buildings twelve
(12) feet in Zone "A" and 12 feet in Zone "B".
(b) Other Principal Structures in Zones "A" and "B":
Same as for dwellings in Zone "C".
(c) One-Story Buildings,-Zone "C": One-fifth (1/5)
of average width of lot for both sides; minimum, exclusive of
street or way, four (4) feet; one foot additional on each side
for each additional story. Minimum space between buildings
ten (10) feet.
(d) Dwellings and Other Structures of Class Allowed in
Zone "C": Except libraries, art galleries, conservatories, gar-
'-npartments, clubs, garages, filling stations, fraternal
and lodge temples, halls and rooms, telephones and accommo-
dation stores; shall have the same side yards in all Zones that
is required for them in Zone "C", and those herein excepted
shall have side yards as required by Zone "E".
(e). Zones "D", "E" and "F" require no side yard ex-
rept for structures of the classes allowed in Zone "C", taking.
the same; and for group and row houses as pl-ovided here-
after; but if any side yard or shaft is provided, it shall be at
least three and one-half (3%) feet wide, and not less than one
inch in width for each foot of height of the building.
(f) Group and Row Houses shall not be nearer together
than eight feet for. one-story buildings, with one foot addi-
tional for each additional story.
(g) Buildings in Zones "G" and "H" of general nature
allowed in Zone "C" shall have side yard as required for such
buildings therein, and those of the nature allowed in Zones
"D", "E" and "F" shall have side yards as required in such
457. Side yards shall be construed to include one-half
an adjoining street or way, except in case of corner lots.
461. Continuance of Present Use: The lawful use of a
building or place at the time this Code becomes effective ma/
be continued, although such use does not conform with the
provisions hereof; but if such non-confo.ming use is discon-
tinued for six months, it cannot again be utilized for non-con-
fJrming uses except as hereinafter provided.
64 CITY CODE
462. Extending a Use Throughout the Building will be
permitted provided no structural alterations are made other
than required by law or Ordinance or for health or safety,
or to secure or insure continued advantageous use during its
463. Increase in Height to the height originally planned,
upon foundations and structural members designed to carry
such higher building, shall be permitted for any use except
non-conforming industrial uses.
464. Expansion of Building in non-conforming use to
the extent of fifty per cent (50%) shall be permitted subject
to other lawful restrictions now or hereafter enacted, where
such expansion is on property belonging to the same owner
when this Code becomes effective, and immediately adjoining
the original property so used, provided the result will not be
to unduly prolong the existence of such non-conforming use.
465. Change of au from one non-conforming use to any
other use conforming to the same Zone use as that from which
changed, or to a more restricted Zone use, shall be permitted,
providing no structural alterations are made therefore; but no
change to any less restricted use shall be permitted, whether a
former use or not.
BOARD OF REVIEW:
471. A Board of Review, hereinafter termed "Board",
is hereby established. It shall consist of the Mayor, who shall
be Chairman and vote last; the City Clerk, who shall be Secre-
tary, with voice but without a vote; and five other members to
be appointed by the City Commission as hereinafter provided.
The five appointive members shall all be residents, taxpayers,
and owners of real property in the City. They shall be of the
following classes, to-wit:
1. An Attorney, or person learned in the law.
2. A Banker, officer of a bank, or person familiar with
3. A Realtor, or person familiar with land values and
4. A Business or Professional Man, locally engaged in
business or practice.
5. Unrestricted, except general qualifications.
472. Appointment: The five appointive members shall
be selected by the Commission voting by secret ballot on each
class separately, without nominations, as follows: Each Com-
missioner may vote for two persons of the class, the person re-
ceiving the highest number of votes, if three or more, shall be
the member of that class. If no one receives three votes, or
in case of a tie, the balloting shall proceed until there is a
selection as above provided.
CITY CODE 65
473. Term and Oath of Office: All members of the
Board shall take and subscribe the usual oath of office as such.
The terms of the odd numbered classes shall expire on October
1st of odd numbered years, and of the even numbered classes
on October 1st of even numbered years. No member shall hold
over without re-appointment.
474. Compensation of members, if- any, shall be fixed by
Resolution of the Commission.
475. Officers Pro Tem shall be elected by the Board to
act in the absence of the regular officers, or as herein pro-
476. Regular Meetings shall be held at such time and
place as the Board may determine. Special Meetings may be
held upon written call by the Mayor, Chairman Pro Tem or
any four members, filed with the Secretary, who shall in all
cases notify the members six hours in advance of the time of
meeting, either orally or by phone or written notice, unless
such notice is waived by all members. If all members attend
waiver of notice will be presumed.
477. A Quorum shall consist of four members, but the
members present may adjourn from time to time. Any other
action shall require the affirmative vote of four members.
478. Duties: The Board shall consider all appeals from
orders or rulings of City Manager, Building Inspector or other
officers of the City, relating to matters within the scope or
provisions of the Zoning or Building Codes or constructions
thereof, and shall have such further jurisdiction and duties as
are herein or may hereafter be provided.
479. Appeals: The general provisions of City Code, Sec-
tions 32 to 37 inclusive, shall apply where not in conflict with
the provisions of this Chapter, but the Board may require ap-
pellant to file such plans and papers as it may desire. The
disposition of appeals shall be by Resolution reversing, modify-
ing or affirming the ruling in question in whole or in part, or
by certificate of the Secretary, that no Resolution concerning
the matter received an affirmative vote of four members of the
Board in favor thereof within thirty (30) days after notice of
appeal was filed; in which case the ruling in question shall be
sustained. "At the suggestion of the Board or City Manager,
the City Commission may, and at the request of any Commis-
sioner it shall, consider any decision of the Board; and by a
four-fifths (4/5) vote of the Commission it may veto or sus-
pend any such decision, action or ruling of the Board, and re-
fer it back for reconsideration, or may take final action itself
by Resolution passed by affirmative vote of four members of
66 CITY CODE
481. The Board of Review may authorize variation from
the literal provisions of the Code in the following matters, to
the extent indicated herein:
(a) Temporary Buildings for commerce or industry
which are incidental to the residential development, may be
permitted and/or used in residential districts for not more
than one (1) year, unless renewed once for one (1) year.
(b) Extension of Use District for not more than fifty
(50) feet, where the boundary line of Zones divides a lot or
plot of ground which was in the same ownership when this
Code becomes effective.
(c) Extension of a Non-Conforming Use, if incidental
and essential to a permitted use and less than twenty-five per
cent ((25%) of the employes of the entire plant are engaged
or employed in such non-conforming building or use.
(d) Renewal of non-conforming rights lost by six
months' non-use, under Section 461 hereof.
(e) Public Utility or service use of premises or buildings
by the city or others, though non-conforming, if deemed nec-
essary to public welfare and convenience.
(f) Reconstruction of non-conforming buildings injured
or destroyed by fire or other calamity to the extent authorized
by the Building Code if commenced within six months and
completed within one year; periods of litigation concerning
right or expediency to be excluded, subject to determination
by the Board.
(g) Modification of Regulations and literal provisions,
so as conform to the spirit and fundamental purpose of this
Code; where practical difficulties arise or hardship would re-
sult; but such action may be taken only after three days' pub-
lished notice of intent to consider the specific case in ques-
(h) Interpretation of this Code to carry out the intent
and purpose of the plan of Zoning, where the map or plat lay-
out varies from the actual layout on the ground.
(i) Restriction Exceptions: Permission of uses and
buildings indicated as exceptions to the permitted uses of any
Zone (except race restrictions), which are permitted by this
Code in the next Zone in alphabetical order.
(j) Correction of Obvious Errors caused by oversight,
inadvertence or misprint.
482. Assistance may be requested of the City Manager,
and he shall furnish such financial, clerical, expert or profes-
sional aid as are not inconsistent with his authority and sense
of propriety, but not more than One Hundred ($100.00) Do!-
lars may be spent under any particular requisition without the
approval of the City Commission.
CITY CODE 67
CERTIFICATES OF OCCUPANCY:
485. Vacant Land: No vacant land shall be occupied or
used (except for agricultural purposes), or if in use, its use
.hall not be changed without application for and receipt of a
certificate of occupancy.
486. Buildings: No new building shall be erected, and
no alteration in existing buildings shall be made, without an
application for certificate of occupancy being made, coincident
with application for building permit.
487. Applications shall state the present use or lack of
use, the intended use, and that all Zoning and building regula-
tions of the site will be complied with,.and shall be made to the
f department of Works and filed therein before any excavations
or other work on any building is commenced.
488. Plat Required With Application: All applications
for building permits and certificates of occupancy shall be ac-
comprnied by a plat in duplicate, drawn to scale, showing the
actual dimensions of the lot to be built upon, the size of the
building to be erected, and such other information as may be
necessary to provide for the enforcement of these regulations.
A careful record of such applications and plats shall be kept in
the Department of Works. No yard, court or other open space
provided about any building for the purpose of complying with
the provisions of these regulations shall be used as a yard,
court or other open space for more than one building, except
as authorized by this Code.
489. Issuance of Certificate,-Fee: The premises shall
be examined by an Inspector of the Department of Works, and
a Certificate of Occupancy issued; within ten days after appli-
cation has been made in case of vacant land, and within ten
days after the erection or alteration of any building shall have
been completed in conformity with the provisions of these ap-
plications. Such certificate shall be issued without charge; but
a fee of $1.00 shall be charged for each copy of any certificate,
or for copies of the record of existing uses. If the use or
I uiding is not permitted by this Code, or by the Board, a
certificate sha'l be refused and the City Manager at once so
490. Contents of Certiicate: The certificate shall
briefly but correctly describe the premises or building in ques-
tion and state, in accordance with the true facts, either that
the proposed use complies with all Zoning, Building and Health
Regulations; or that such use is a non-conforming use existing
at the time this Code became effective, and is permitted as an
existing non-conforming use or in accordance with the ruling
of the Board.
491. Existing Non-Conforming Uses: The City Manager
shall cause an examination of existing uses of all buildings and
premises in the City to be made before January 1st, 1930, so
68 CITY CODE
such survey may enable him to determine whether or not the
present use is in conformity with the provisions of this Code,
and a plat of the City to be made, showing and indexing the
premises and buildings therein, and recording the respective
uses thereof according to such index;-which may be by ref-
erence to subdivisions, blocks and lots where convenient, by
number, or by a combination of methods permitting ready and
accurate identification of each place in question.
492. Reerd: The original applications, plats, plat and
record of present occupancy, and duplicate of all certificates
and permits issued; shall be kept and filed in the office of the
Department of Works or elsewhere as directed by the City
PRINCIPLES OF CONSTRUCTION:
493. (a) Interpretation: In construing and applying
the provisions of this Code, they shall be held to be the mini-
mum requirements for the promotion of the public safety, con-
venience, health, comfort, prosperity and general welfare. It
is not the intention to interfere with, abrogate or annul any
grants, easements, covenants, conditions or other agreements,
between parties; but if this Code imposes a greater restriction
upon the use of any building or premises, or requires larger
open spaces than are imposed or required by other Ordinances,
rules, regulations, permits, restrictions, reservations or agree-
ments, the provisions of this Code shall control .
(b) Any authority given herein shall be construed as
cumulative and not in derogation of other authority, except
as expressly provided herein; and the powers and duties herein
provided shall be construed as separate and distinct from other
duties and authority of any officer or board under other Chap-
ters or Ordinances.
494. Boudaries: Where uncertainty exists with respect
to the boundaries of the various Zones shown on the maps ac-
campaign or referred to in this Zoning Code, the following
rules shall apply. Where the designation on the maps indicat-
ing the various Zones are approximately bounded by street or
alley line, the center of said street or alley line shall be con-
strued to be the boundary of such district. Where the Zone
boundaries are not otherwise indicated, and where the prop-
erty has been or may hereafter be divided into blocks and lots,
the boundaries shall be construed to be lot lines; and where
the designations are approximately bounded by lot lines, said
lot lines shall be construed to be the boundary of such Zone,
unless otherwise indicated on the map. In unsubdivided prop-
erty, the boundary lines shall be determined by use of the
scale contained on such map, subject to reasonable concessions
by the Board or Commission.
CITY CODE 69
435. New Territory: Portions of territory embraced
within any future enlargement of the corporate limits of th,
City shall be deemed to be within the respective Zones which
such portions adjoin; and the dividing line shall be an exten-
sion of the line, creek, canal, river, street, road, river, or alley,
which constitutes the present dividing line; unless the Or-
dinance or act making the addition to the City otherwise pro-
496. Changes and Amendments: The City Commission
may from time to time amend, supplement or change by Or-
dinance, the boundaries of districts or regulations herein estab-
lished, either upon its own initiative or recommendation of the
Board. A public hearing shall be held by the Commission be-
fore adoption of any proposed amendment, supplement or
change; and notice by publication stating briefly the substance
of the change to be considered, and the time and place of hear-
ing, shall be given two (2) weeks before final action is taken.
If a protest against any proposed amendment, supplement or
change be presented in writing to the City Clerk within ten
(10) days or to the Commission at the hearing, signed or
acknowledged ,by the owners of twenty (20%) per cent or
more of: (1) any frontage proposed to be altered, or (2) of
the frontage immediately in the rear thereof, or (3) of the
frontage directly opposite the frontage proposed to be altered,
or by any five owners of any of said classes; or in any event,
unless the change is recommended by majority vote of the
Board, such changes shall not be made except by affirmative
vote of four members of the Commission, and this Section of
the Code shall not be amended except by an affirmative vote
of four members of the City Commission.
497. Prosecution and Punishment: The provisions of
this Chapter shall be enforced as in case of other offenses.
70 CITY CODE
CITY OF FORT PIERCE.
DEFINITIONS AND CONSTRUCTIONS:
501. In this Chapter the following technical terms
shall have the meanings respectively assigned to them in this
(a) Approved: Approved by the City Manager or
a subordinate designated by him.
(b) Chanfe: A repair, alteration or removal.
(c) Frame Buildings: Buildings with wooden frame
work and with sheet metal or veneered brick.
(d) Mercantile Building: Any building, a consider-
able portion of which is occupied for mercantile
(e) Occupied: Occupied, or intended, arranged, or
designed to be occupied.
(f) Woodn Building: Any building of which an
external or party wall is constructed wholly or
partly of wood, the same as a frame building.
(s) Words Not Herein Defined shall be construed
as defined in Sections One (1) and Four Hun-
dred One (401).
(h) Words not defined in any Chapter of this Code
shall be given the construction adopted in the
Current Building Code, recommended by the
National Board of Fire Underwriters and recog-
nized by the Building Trades in the State.
Words such as incombustiblee", "fireproof", etc., refer to
substances substantially so,-sometimes called fire-resisting.
502. (a) The first fire limits shall embrace that part of
the City of Fort Pierce described as follows: Beginning at the
intersection of the East line of North Fifth Street and the
North line of Orange Avenue; run thence north to the South
line of Avenue A; thence East along the South Line of Avenue
A to the center line of the Florida East Coast Railway Com-
pany's right-of-way; thence North along the center line of said
right-of-way to the South bank of the Canal; thence Easterly
along the South Bank of the Canal to the water's edge of the
Indian River; thencd due East to the Channel of the Indian
River; thence Southerly along the Channel of the Indian River
to a point where said Channel is intersected by the extension
CITY CODE 71
of the North line of Boston Avenue; thence Westerly alon"
the extension of the North line of Boston Avenue to the inter-
section of the North line of Boston Avenue and the water's
edge of the Indian River; thence Westerly along the North
line of Boston Avenue to the center of the right-of-way of
the Florida East Coast Railway Company; thence Northerly
along the center of said right-of-way to the North line of
Orange Avenue; thence Westerly along the North line of
Crange Avenue to point of beginning.
(b) The second fre limits shall embrace all that part of
the city lying between the boundaries of the first fire limits and
the following boundaries: Beginning at the intersection of the
East line of North Seventh Street and the North line of Oranga
Avenue; thence run Northerly along the East line of North
Seventh Street to the South line of Avenue B; thence Easter.y
along the South line of Avenue B to the East line of North
Fourth Street; thence Northerly along the East line of North
Fourth Street to the South line of Avenue C; thence Easterly
along the South line of Avenue C to the water's edge of th-.
Irdian River; thence East to the Channel of the Indian River;
thence Southerly along the Channel of the Indian River to a
point where said Channel is intersected by the extension of the
North line of Citrus Avenue; thence Westerly along the North
line of Citrus Avenue and the extension thereof to the center
of the right-of-way of the Florida East Coast Railway Com-
pany; thence West to the East line of South Third Street;
thence North to the South line of Boston Avenue; thence West
to the East Line of South Fourth Street; thence North to the
South line of Atlantic Avenue; thence West to the East line
of South Seventh Street; thence North to point of beginning.
(c) The third fire limitss shall embrace all that part of
the City of Fort Pierce not included in the first and second
503. (a) Application: Before any person shall begin
the erection, moving, repairing, changing or altering of any
building or structure within the limits of the City, he shall
make written application to the Department of Works, herein-
after termed Department, giving the proposed locations, dimen-
sions, and manner of construction or change of the proposed
building or structure, and the material to be used, and shall
file plans and specifications of the proposed building or struc-
ture, which shall contain the name and address of the owner,
the lot and block number where the building is to be erected
and the structural detail drawings, but such plans and specifi-
cations may be waived if the change or structure cost less than
Five Thousand ($5,000.00) Dollars.
72 CITY CODE
(b) Chimeys Flues, Furnace Boilers or other heating
apparatus shall not be installed, repaired or altered without
first obtaining a permit, and detached heating apparatus shall
be housed in a separate fireproof structure.
(c) Forbidde Permits: No permits shall hereafter be
issued within the first or second fire limits for prohibited oc-
cupancy, nor for the erection or construction of any hotel,
rooming house, boarding and rooming house, dormitory, apart-
ment house containing more than two apartments, or apart-
ment house containing two apartments if any apartment has
more than five rooms (not counting bath room and kitchen)
before the applicant has first obtained a permit from the State
Hotel Commission through the Supervising Architect of this
(d) Time Limit: If after a permit for the erection, en-
largement, repair or removal of a building has been granted,
the operation called for by the permit has not been begun with-
in six months of the date thereof, and completed within one
year, then said permit shall be void.
(e) Moving Boildings: No building shall be moved un-
til a permit has been obtained therefore, nor if the proposed
new location of the building will seriously increase the fire
hazard of the surrounding buildings. Application for moving
any building within the fire limits shall state the lot and block
number of the present location and the lot and block number
of the proposed new location, description, size and total length,
width and eighth and route over which it is proposed to move
If alterations or repairs of any kind are to be made in new
location, the application to move must contain the full descrip-
tion of such changes as required for new buildings in this Or-
dinance, and a separate permit, fee and, if moved on any street
or way, bond in the sum of $500.00, payable to the City, secur-
ing it against liability for damage to person or property while
the permit is in effect, will be required.
(f) Prohibited Moving: No frame building shall be
moved from the second or third fire limit to within the first
fire limit, or from one lot to another within the first fire limit.
No frame building or structure shall be moved from the first
or the third fire limits to within the second fire limits if such
building or structure is to be used for mercantile purposes.
(I) Fee: Before any permit shall be issued for the
erection, construction, repair, alteration or removal of any
building or structure in the City, the applicant for such permit
shall pay a fee as follows: Twenty-five (25c) cents per One
Hundred ($100.00) Dollars on the estimated cost of such build-
ing, structure, alteration, repair or addition, including labor
and material, up to a maximum of Twenty-five ($25.00) Dol-
CITY CODE 73
lars. Five ($6.00) Dollars for each permit to remove any
building or structure across or along any street, alley, avenue
or public way. One ($1.00) Dollar for each permit to other-
wise move a building or structure.
(h) Issue of Permit: If the Code requirements are met
and the application is approved, a printed permit shall issue;
and also a Permit Card which must be posted in a conspicuous
place upon the building or structure and there maintained un-
til completion, when certificate of completion shall be signed
thereon and the card returned to the Department.
504. Use of Street: Any person securing a permit for
the erection, repair or alteration of any building or structure
shall be permitted to use not more than eight feet of any street
measured from front curb line immediately in front of or
along the side of such building or structure, for the purpose
of storing building material, materials or refuse, trash or any-
thing removed from any building or structure, but not so as
to obstruct fire hydrants or flow of water in the gutter. Alley-
ways at the rear of such building or structure may be used
for the storing of building materials providing a free passage-
way for vehicles is maintained.
A free passageway to permit the free passage of pede-
strians must be provided by the builder, and such passageway
must be protected on the side and top with timbers of suffi-
cient strength to protect any person or persons while they
may be passing along the sidewalk by such building or struc-
505. Excavations and Underpiinalg: Any person caus-
ing an excavation to be made shall have the same properly
guarded and barricaded and must use reasonable precaution to
prevent the adjoining soil from caving in and adjoining prop-
erty from being damaged. Builders must not begin work of
underpinning walls until the proposed manner of performing
the operation has been approved by the Department.
Whenever an excavation is carried or intended to be car-
ried to a depth of more than five (5) feet below the curb or
average ground level at the property, the person causing such
excavations to be made, shall at all times, from the commence-
ment to the completion (if accorded the necessary license to
enter upon the adjoining or contiguous land, and not other-
wise), at his own expense, preserve any adjoining or contigu-
ous wall, structure, yard, bank or earth or rock from injury,
and support the same by proper retaining walls or foundation
so that said structure, yard, bank of earth or rock shall be and
remain practically as safe as before such excavation was com-
menced, whether said adjoining or contiguous wall, structure,
yard, bank of earth or rock are more or less than five (5) feet
above or below the curb or average ground level at the prop-
erty. For this purpose such approved retaining wall or founda-
74 CITY CODE
tion may be built upon the property upon which the wall,
structure, yard, bank of earth or rock is situated. If the nec-
essary license is not accorded to the person making such exca-
vations, it shall be the duty of the owner refusing such license,
to make his property safe and support the same, so that ad-
joining excavations may be made. And he shall be permitted
to enter upon the property where such excavations are being
made, for that purpose when necessary, but the completed op-
eration shall be on his own.land.
INCOMBUSTIBLE WALLS, CORNICES AND ROOFS:
506. (a) In First Fire Limits every building hereafter
erected or enlarged, shall be enclosed on all sides with walls
constructed wholly of stone or well burned brick, terra cotta,
concrete or other equivalent incombustible materials, and shall
have the roof, top and sides of all roof structures, including
dormer windows, covered with incombustible materials. All
cornices shall be of incombustible material.
(b) In Seend and Third Fire Limits all buildings classed
as mercantile buildings shall be constructed the same as re-
quired for buildings in the first fire limits.
50. In the First Fire Limits no frame or wooden struc-
ture shall hereafter be built, except temporary one-story frame
buildings for use of builders, and roofs placed upon such build-
ings shall be as required by Section 641.
(b) In the Seead Fire Limits the following wooden
buildings may be built, to-wit: (1) One-story sheds not over
fifteen feet high, open on one long side with sides and roof
covered with incombustible material, and area not exceeding
five hundred square feet, but a wooden fence shall not be used
to form the back or side of such shed.
(2) Wooden fences not over six feet high.
(3) Piassas or balconies not exceeding ten feet in width
nor extending more than three feet above the second story
floor beams, but no such structure shall extend beyond the lot
line or be joined to any similar structure of another building.
(4) Bay windows when covered with incombustible ma-
(5) Small outhouses not exceeding one hundred and
fifty feet in area and eight feet in height, but they shall not be
located within five feet of any lot line nor less than twenty
feet from any other building over one-story high, nor within
ten feet of a one-story building or of each other.
(6) Grain elevators, coal pockets or iee houses as usually
(e) In Idustrial Zones of Third Fire Limits frame build-
ings with metal or other fire-resisting sides and roof covering
may be erected for use as factories, warehouses, storage or
CITY CODE 75
other industrial purposes not forbidden by this Code or other
Ordinances relating to Industrial Zones; unless the City Man-
ager or Superintendent of Works deems it inadvisable to per-
mit this exception to obtain, or to issue a permit therefore un-
der the circumstances of any particular case.
REPAIRING FRAME BUILDINGS:
511. (a) In First Fire Limits any frame building which
has been or may hereafter be damaged by fire, decay, wind-
storm or otherwise to an amount greater than forty per cent
(40'%) of its prior value, exclusive of the foundation, shall
not be repaired or rebuilt, but shall be removed as authorized
and provided by law and Ordinance. See Charter 9 b).
(b) Second or Third Fire Limits: Any building in the
Second or Third Fire Limits conforming to the general require-
ments of the fire limits and the general use regulations of the
building zone respectively in which it is situated, may be re-
paired or rebuilt; but if not so conforming, any building in
said limits which has been or may hereafter be damaged by
fire, windstorm, decay or other cause, shall not be rebuilt or
repaired if so damaged to an extent exceeding one-half its
prior value exclusive of foundation; but shall be condemned,
declared a nuisance and removed as authorized and provided
by law and Ordinance.
(c) Buildings for Public Assemblage: Any frame or
wooden building occupied, used or intended to be used for a
school, club, lodge room, or other place of public assemblage
anywhere in the City; which has been or may hereafter be
damage by fire, windstorm, decay or other causes, or as a com-
1 ined result of any such causes; so that in the opinion of the
Head of the Department of Works it cannot be repaired or
rebuilt and rendered structurally safe and secure for human
life and person, as a place of public assemblage, at an expense
of not exceeding twenty per cent (20%) of its prior value,
shall not be repaired, rebuilt or used for such purpose, or for
any other purpose not conforming to the fire limits or general
use regulations of the building zone in which it is situated,
but shall be condemned and removed as authorized and pro-
vided by law and Ordinance.
513. (a) In First and Second Fire Limits no other than
existing buildings at present in use for that purpose shall be
used for a planning mill, novelty works, mattress factory, mat-
tiess renovation factory or dry cleaning establishment or other
similar hazardous occupancies unless it be of fireproof con-
struction. Provided, however, that hand carpenter shops,
where no motive power is used, may be permitted inside the
second fire limits if permitted by the Zoning Code.
76 CITY CODE
(b) Wood Yards shall not be permitted within the first
or second fire limit.
LIMITS OF HEIGHT AND AREA:
515. (a) Height: No building hereafter erected within
the City Limits, having bearing walls of hollow terra-cotta or
concrete blocks, shall exceed three stories or fifty-five feet in
height. If four stories or sixty-five feet in height, it must be
of fireproof construction.
S (b) Floor Area: The floor area between fire walls of
non-fireproof buildings shall not exceed: When fronting on
one street, five thousand square feet; when fronting on two
streets, six thousand square feet; when fronting on three
streets, seven thousand five hundred square feet.
These area limits may be increased under the following
conditions as indicated: For non-fireproof buildings, fully
equipped with approved automatic sprinklers, 50 per cent. For
fireproof buildings not exceeding one hundred and twenty-five
feet in height, fully equipped with approved automatic sprink-
lers, 100 per cent.
517. (a) Thickness: All bearing, exterior or division
walls hereafter erected within the City shall be of sufficient
thickness to support the load to be carried, but in no case shall
a brick, stone, concrete stone or hollow block bearing wall be
less than eight inches thick.
Bearing walls, excepting party and fire walls for all build-
ings of other than dwelling or apartment house class, shall have
at least the following thickness: One-story buildings, not ex-
ceeding a height of seventeen feet, shall be built with not less
than eight-inch walls. For one-story buildings more than
seventeen feet and not exceeding twenty-five feet in height,
walls must be twelve inches thick. The brick, brick tile or
hollow block must be laid in cement mortar. For two-story
buildings, the first story wall must be twelve inches thick and
the second story wall must be not less than eight inches thick.
For three-story buildings, the walls must be for the first and
second story twelve inches thick, third story not less than eight
inches thick. For four-story buildings, the walls must be for
the first story, sixteen inches thick, second and third stories
twelve inches thick and fourth story not less than eight inches
(b) Heifht: No two-story increment shall exceed forty
feet in height, no three-story increment shall exceed fifty-five
feet in height, and no four-story increment shall exceed sixty-
five feet in height.
CITY CODE 77
(c) Dwellings and Apartment Houses: All walls or
buildings of the dwellings and apartment houses and private
garage class hereafter built inside the first fire limits, shall
be the same as that prescribed for mercantile buildings of one
story less than seventeen feet high.
(d) Enclosure or Curtain Walls in skeleton construction
of concrete or iron or steel girders, shall be of brick or tile,
laid in cement mortar, reinforced concrete or stone concrete,
and shall be the following thickness: Not less than six inches
thick of reinforced concrete, eight inches thick of brick, tile
or stone concrete, for each span not exceeding twenty feet in
width; and not less than eight inches thick of reinforced con-
crete, twelve inches of brick, brick tile or stone concrete, for
each span between twenty and twenty-eight feet in width, pro-
vided the said wall does not exceed a height of four stories
or sixty-five feet. Should any wall exceed four stories or
sixty-five feet in height, the said enclosure or curtain walls
just mentioned shall be increased four inches in thickness for
each additional fifty feet or fractional part thereof.
(e) Party and Fire Wal's: In all buildings, except dwell-
ings, frame dwellings and skeleton construction, party walls
and fire walls which serve as bearing walls on both sides, shall
not be less than twelve inches thick in the upper two stories or
upper forty feet, increasing four inches in thickness for each
two stories or fraction thereof below.
(f) Minimum Thickness: All walls shall be not less than
eight inches thick in the upper two stories or upper forty feet,
increasing four inches in thickness for each two stories or frac-
don thereof below. Cement mortar only shall be used in such
(g) Walls and Piers: The walls of each story shall be
built up the full thickness to the top of the beams above. The
walls and piers of a'l buildings shall be properly and solidly
bounded together with close joints filled with mortar. They
shall be built to a line and be carried up plumb and straight.
All piers shall be built of stone or solid reinforced concrete or
good, hard, well-burnt brick, laid in cement mortar.
(h) Brick-Bonding: All brick shall be well wet imme-
diately before being laid. In all brick walls, every sixth course
shall be a header course except where walls are faced with
brick in running bond in which latter case every sixth course
shall be bound into the backing by cutting gthe course of face
brick and putting in diagonal headers behind the same.
Where faced brick is used of a different thickness from
the brick used for backing, the course of the exterior and in-
terior brick work shall be brought to a level bed at intervals of
not more than ten courses in height of the face brick, and the
face brick shall be properly tied to the backing by a header
78 CITY CODE
course of the face brick or galvanized wall ties may be used
for bonding, in which case they must be placed in each seventh
course in height, and not farther apart than eighteen inches in
All bearing walls faced with brick laid in running bond
hall be four inchse thicker than the walls are required to be
under any section of this Ordinance.
(i) Cement Blocks: Artificial stone or cement block
bearing or party walls in all buildings two stories or more in
height shall be four inches thicker than required for brick
walls. When cement blocks are used in the construction of
any building, the mixture of cement and sand shall be as fol-
lows: One part cement, to not more than three parts sand.
Cement only sha:l be used in the manufacture of concrete
block and the coarse aggregate shall be of suitable material
graded in size. Concrete blocks shall not be used in the con-
struction until they have attained the age of twenty-eight days
or developed the strength required in this section.
(j) Terra Cotta Blocks: Hollow b'ock of terra-cotta or
concrete, when used for bearing walls, shall have not more
than 50 per cent of cellular space, and the average ultimate
compressive strength, laid with cells vertical, shall be not less
than twelve hundred pounds per square inch.
(k) Building Blocks-General Provisions: All building
blocks shall be laid in cement mortar.
The compressive strength of building blocks shall in all
case be calculated upon the gross area of the bedding face,
no account being taken of the cellular space.
The allowable working stress of hallow building blocks
shall not exceed one hundred and twenty pounds per square
inch of gross area for terra-cotta blocks, or eighty pounds per
square inch of gross area for concrete blocks. If a wall be
built of blocks with the cells horizontal, the allowable working
stress shall not exceed thirty pounds per square inch of gross
(1) Public Buildings: All partition walls in schools, hos-
pitals and places of public assemblage over one story high, and
all walls and partitions in theatres shall hereafter be built of
brick, stone, hollow or solid block or metal lath and cement
plaster on metal studding, or other equivalent incombustible
(m) Modifications Where Masonry Not Required: When
buildings are to be erected of masonry which otherwise could
be erected of frame or stucco, reasonable modifications of these
regulations relating to masonry building may be allowed in
consideration of incombustible material being used instead of
CITY CODE 79
518. Foundation of Walls: The minimum thickness and
width of foundation walls of masonry must be as indicated in
the following schedule: One-story buildings, 8-in. walls, 18-in.
wide, 12-in. deep; 12-in. walls, 22-in. wide, 16-in. deep. Two-
story buildings, 12-in. walls, 26Wr. wide, 16-in. deep. Three-
story buildings, 12-in. walls, 30-in. wide, 16-in. deep. Four-
story buildings, 16-in. walls, 34-in. wide, 20-in. deep.
Mass concrete shall be composed of a wet mixture not
leaner than one, three, five mixture.
For any building hereafter erected over four stories high,
all foundation walls must be figured 100 per cent additional to
the foregoing measurements for four-story buildings, for each
story above four.
519. Parapets: All exposed walls and all exterior or
division or party walls over one story high shall extend the
full thickness of the top story to at least two feet above the
roof surfacing of a building as a parapet and be properly
coped, excepting walls which face on a street and are finished
with incombustible cornices, gutters or crown mouldings, ex-
cepting, also, the walls of detached private dwellings and apart-
ment houses with peeked or hipped roofs. The parapet walls
of warehouses and all manufacturing buildings shall extend
three feet above the roof level and shall be coped.
Fire walls shall be constructed of hard burned brick, or
reinforced concrete and shall be continuous from foundation
to three feet above the roof level and be coped.
520. Concrete for reinforced construction shall consist of
a wet mixture of one part cement to not more than six parts
of aggregate, fine and course, in such proportion as to produce
the greatest density.
The quality of the material and design of the construc-
tion shall be in accordance with the best engineering practice.
521. Protection of Ends of Wooden Beams: The ends of
all floor, ceiling or roof beams entering a party or fire wall
from opposite sides shall be separated by at least six inches of
solid masonry. Such separation may be obtained by corbeling
the wall, or staggering the beams, or the beams may be sup-
ported by steel wall hangers, but no wall shall be corbelled
more than two inches on each side of the wall for this purpose,
the ends of all wooden beams which enter walls shall be cut
to a level of four inches in twelve to make them self-releasing.
PROTECTION OF WALL OPENINGS:
522 (a) Doorways: No opening in any interior ma-
sonry walls shall exceed eight feet by ten feet. In a party or
fire wall it shall have a standard automatic fire door on each
side of the wall. If made to serve as an emergency exit it
shall not exceed forty-eight square feet in area, and a self-
80 CITY CODE
closing fire door shall be substituted for one of the automatic
fire doors. The total width of the opening in a fire wall shall
not exceed twenty-five per cent of the linear length of the
523. Arches and Lintels: Openings in all masonry build-
ings shall have good and sufficient arches of stone, brick or
terra-cotta, well built and keyed, or have good and sufficient
abuttments or lintels of reinforced concrete, iron or steel of
sufficient strength, which shall have a bearing at each end of
not less than five inches on the wall.
A suitable arch shall be turned over on the inside of all
openings or lintel may be of cast iron or wrought iron or steel,
and in such case, stone blocks or cast iron plates shall not be
required at the ends where lintel rests on the wall, provided
the opening is not more than six (6) feet in width. Reinforc-
ing rods shall be used where necessary to secure stability.
525. (a) Material: All buildings hereafter erected
within the first fire limits over two stories high shall have at
least one stairway of iron or some incombustible material with
treads and platforms of iron, slate, marble or other stone, or
shall have the staircase and halls enclosed with wall or parti-
tion of some approved fire-resisting material, and all mortar
used in the construction shall be cement mortar.
(b) Partition Walls: No hollow partition shall be less
than six inches thick, no brick partition shall be less than eight
inches thick, and no other solid partition less than four inches
(c) Door openings in stairway enclosure shafts shall be
protected by fire doors mounted with wrought iron or steel
hardware, and shall be securely attached to the wall or parti-
tion or to substantial incombustible frames anchored thereto,
and shall swing in the direction of exit travel, shall be self-
closing and shall be at least thirty-six inches wide.
(d) If Glass Panels be used in such doors or walls, they
shall be of wired glass not to exceed seven hundred and twenty
(720) square inches in area.
(e) Interior shaft windows shall not be permitted unless
same are constructed of wired glass in metal frame.
(f) Enclosure wall's for all stairway shafts shall extend
at least three (3) feet above the roof, and at least three-
fourths of the area shall be covered with a skylight constructed
as specified in Section 528.
(Also see Sec. 546).
527. (a) Elevator or hoistway shafts in all buildings
hereafter erected over two stories high, shall be separately
CITY CODE 81
cnc'osed by incombustible partition as specified for stairway
shafts in Section 525 (b) of this Code. The enclosure walls
for all elevator shafts shall extend at least three feet above the
roof, and at least three-fourths of the area shall be covered
with a skylight constructed as specified in Section 528 of this
528. (a) Skylights Over Stairway and Shafts: Where
a stairway extends through the roof and is covered by a sky-
light, the skylight shall be constructed with incombustible
frame and sash, glazed with ordinary thin glass, and shall be
protected by a galvanized steel wire screen with a mesh not
exceeding one inch, and a wire not smaller than a No. 12
gauge. The screen shall have a metal support and shall be
placed not less than six inches (6) above the skylight.
(b) A window, instead of a skylight, may be placed in
the side of the shafts above the roof which is most removed
from the property linee. It shall have incombustible frame
and sash and be glazed with thin glass or metal louvers in in-
529. Floor Lights: Except in dwellings, all openings
hereinafter made in floors for the transmission of light to floors
below shall be screened at each floor level with a steel wire
screen with a mesh not exceeding one inch and a wire not
smaller than a No. 16 gauge.
530. Light and Vent Shafts: In every building here-
after erected or altered, except frame buildings, all walls or
partitions forming interior light or vent shafts shall be built of
brick, brick tile or cement not less than six inches thick.
The walls of all light or vent shafts, whether exterior or
interior, hereafter erected, shall be carried up not less than
three feet above the level of the roof where such wall touches
such roof, and the walls coped as other parapet walls. If roof
supports are non-combustible, said walls need not extend above
531. (a) Dumb Waiter Shaft: Walls, except those in
dwellings which extend only one story above the basement or
cellar, shall be of fire resistive construction and shall be not
less than three inches thick if constructed of brick, hollow or
solid partition blocks, or of steel studding and metal laths,
with three-fourths of an inch of cement plaster on each side;
or a two-inch solid metal lath and cement plaster wall may be
permitted if securely anchored at each floor. All such parti-
tions shall be fire stopped with incombustible material the full
depth of the floor beam at each floor leveL
(b) Top: Where dumb waiter shaft does not extend
through the roof, the top of the shaft shall be of fire resistive
construction of the same thickness as the walls of the shaft.
82 CITY CODE
(c) Openings in dumb waiter shafts shall be protected
by fire doors mounted in incombustible frames securely an-
chored to the wall.
532. Metal Louvers: When used for ventilating pur-
poses the louvers or slats shall be riveted to metal frames or
firmly imbedded in the masonry.
533. Metal Roof Drains connected with the storm sewer,
shall be provided for all buildings, and if or where
there are no storm sewers, such drains shall be connected by
pipe below the sidewalk surface to the street gutter. Detached
dwellings or other one-story buildings may be exempted from
the requirements of this paragraph at the discretion of the
541. Roofs: All buildings except those specially men-
tioned in Section 542 of this Ordinance, shall have roof cover-
ings of standard quality, such as: (a) Brick or concrete sur-
face; (b) Clay or cement tile; (c) Tin or slate; (d) Asbestos
shingles %-inch or more in thickness; (e) Pitch and felt, built
up type, three layers of not less than 15-lb. felt, smooth, gravel
or slag surface; (f) Asbestos felt, built up type, three lay-
ers of not less than 15-lbs., smooth or grit surface.
542. (a) Exceptions: Dwellings, frame buildings and
other buildings, outside the first fire limits, not exceeding two
stories or forty feet in height, and twenty-five hundred (2500)
square feet in area, and not used for factories, warehouses or
mercantile purposes, shall be covered with covering set forth
above in Section 541 hereof, or with standard asphalt rag felt
prepared roofing or asphalt rag felt shingles, or by other types
of covering having equivalent fire resisting properties.
(b) Wood Shingles may be used for roofing dwellings,
except within the first fire limits.
543. Dormer Windows, top and sides, shall be covered
same as the roof, or with other material having equivalent fire
544. Wood Roof Damage: If a wood shingle roof with-
in the first fire limits is damaged by fire to the extent of more
than twenty per cent, or if repaired more than ten per cent in
any one year, the same shall be entirely replaced with one of
the materials specified in Section 641 hereof.
545. Skylights: All openings in roofs for the admission
of other light other than those provided for in Sections 528
and 530, shall have incombustible frames and sash with wired
glass, or ordinary glass may be used if protected above and
,CITY CODE 83
below by galvanized steel wire screens with a mesh not ex-
ceeding one inch and the wire not smaller than a No. 16 gauge.
The top screen shall be installed as specified in Section 628
546. Exits: In every building hereafter erected, except
those in private dwellings, each floor area above the first shall
be provided with at least two means of egress remote from
each area. 'Floor Area" as used in this section, shall mean
the entire floor space between the exterior walls and fire walls.
(Also see Sec. 525).
(b) A doorway in a fire wall leading to another floor
area separately provided with adequate stairs or other inde-
pendent means of exit shall be construed as coming within the
intent of this rule. Such doorway serving as an emergency
exit in a firewall shall be protected by an automatic and self-
closing fire door as specified in Section 525 of this Code.
(c) Distance From Exit: No portion of any floor area
shall be more than one hundred feet from a place of egress.
Elevators shall not be considered as a means of egress as speci-
fied in this section.
(d) Width of Stairways and Doorways: Except in
dwellings, no required stairway shall be less than thirty-six
inches wide, and a total width of exit doorways leading there-
from shall be at least equal to the total width of the stairway
which they serve. The total width of stairways, interior and
exterior, provided for the occupancy of each floor and those
nbove, shall not be less than thirty-six inches for the first fifty
persons and twelve inches for each additional fifty persons to
be accommodated thereby.
(e) Treads and Risers: The stair treads shall not be
less than nine and one-half inches wide and the risers not more
than seven and three-fourths inches high. Winders in such re-
quired stairways are prohibited.
(f) Pub'ic Buildings: Every school, hospital and theatre
over one story high shall have at least two stairways, con-
structed entirely of incombustible material, located remote
from each other, continuous from grade line to topmost story.
All exit doors in schools, hospitals, theatres and other places
of public assemblage shall open outward.
547. Fire Stops: At each floor level in all buildings in-
side of the fire limits, and all stud walls, partitions, furring and
space between joists where they rest on division walls or par
titions, shall be fire stopped with not less than two inches of
incombustible material in a manner to completely cut off com-
munications by fire through concealed spaces. Stair carriages
shall be fire-stopped at least once in the middle portion of
84 CITY CODE
548. Area Way: All area ways below the street level
shall be guarded with suitable railings or be protected by in-
combustible covers or gratings, with a wire screen of not more
than one-half inch mesh securely attached to the under side.
JOISTS, SPANS AND STUDDING:
550. (a) Joists: In all buildings hereafter erected
within the city :imits, all floor joists must be sixteen (16)
inches on center, and shall not exceed the following spans for
size of joist indicated: 2x6, 10-ft. span; 2x8, 16-ft. span; 2x10,
18-ft. span; 2x12, 20-ft. span.
(b) Bridgin: All floor, ceiling and roof joists shall be
bridged every eight (8) feet where spans are more than eight
feet in length.
(c) Studding hereafter erected in all bearing partitions
and walls must be not less than 2x4 mill size and placed sixteen
inches on center. Provided, however, that when ceiling is used
on such partitions and walls, studding may be placed two feet
FRAME BUILDINGS OUTSIDE FIRST FIRE LIMITS:
551. (a) Height: No frame buildings, other than grain
and coal elevators, hereafter erected or altered, shall exceed
three stories or forty-six feet in height, except private dwell-
ings may be four stories or fifty-five feet in height.
(b) Ground Area: No frame building hereafter erected
for any occupancy other than grain elevators, coal elevators
and pockets, ice houses and exhibition buildings not over fifty
feet in height, shall cover a ground area exceeding the fol-
Two-story dwellings, seven thousand five hundred (7,500)
square feet; three-story dwellings, fivr thousand (5,000)
(c) Distance From Lot Line: In no case shall a frame
building be erected within three (3) feet of the side or rear
lot line nor within six feet of any other building, unless the
space between the studs on each side be filled solidly with not
less than two and one-half inches of brick work or other
equivalent incombustible material.
(d) Pier: Where frame buildings rest on brick, stone
or stone concrete piers, they shall not be spaced farther apart
than shown in the following schedule:
One-story buildings, 8 feet on center; two-story buildings,
6 feet on center.
(e) Bases or Footius for Piers shall be as follows: One-
story buildings, 12x12x5 in.; two-story buildings, 14x14x5 in.
Provided, however, that stucco buildings shall not be per-
mitted to be erected on piers, but must be erected on solid
CITY CODE 85
foundation walls continuous from the top of footings up to the
bottom of the first floor beams. Footings for such founda-
tion walls must be at least five (5) inches thick.
(f) Sills for all buildings shall net be smaller than shown
in the following schedule: One-story buildings, 4x6; two-story
buildings, 6x6 or 4x8, and shall be so constructed as to permit
removal of the building readily if desired.
(g) Wind Bracing: All frame and wooden buildings
shall be properly wind braced.
(h) Modifications: Outside of the first fire limits, when
any building is to be erected of brick, stone, hollow block or
concrete, that could, under this Ordinance be constructed of
wood, reasonable modifications of this Ordinance relating to
brick buildings, shall be made in consideration of the use of
incombustible material instead of wood, such modifications,
however, shall not permit variations from requirements of Sec-
tions 525, 527, 546 and 561 (j) of this Code.
552. Private Garages Outside First Fire Limits: In the
second and third fire limits, private garages or garages erected
for the purpose of renting or leasing for storage of motor ve-
hicles may be of frame construction when such garage does not
accommodate more than three vehicles or does not exceed a
size of eighteen feet by thirty feet and constructed as re-
quired for frame buildings in Section 551 hereof.
A battery of garages or stalls, accommodating not more
than three vehicles, may be erected under one roof. Separate
buildings must be erected for each three stalls, and spaced not
less than ten feet apart, or they may be erected as one build-
ing, providing there be placed a fire wall not less than eight
inches thick between each three stalls. Such fire walls shall
e-tend not less than two feet above the roof and shall be
553. Garage Apartments: If apartments are erected
above a garage intended for the storage or housing of motor
vehicles and such garage exceeds a size of thirty feet by eight-
een feet, then the walls and ceilings of such garage shall be
constructed of fireproof construction.
'Such walls shall be not less than eight inches thick, such
ceiling shall be covered with fire-retarding material.
BUILDINGS OVER INDIAN RIVER:
555. Special Precautions shall be taken in the construc-
tion of any and all buildings erected, on piers or otherwise,
over any waters of the Indian River. Sketches and specifica-
tions for such buildings are required with all applications for
permits; and all requirements of Ordinance A 99, heretofore
enacted, as modified by the Department of Works, shall be
complied with so far as regards structural character and safety.
86 CITY CODE
556. Forbidden Structures: No dwelling, apartment or
lodging house, hotel or structure for the storage of gasoline or
other flammable fluids, shall be erected in the City, over any
part of said Indian River; provided, however, that those en-
gaged in the fishing industry and watchmen may sleep in build-
ings conforming to the Zoning and Building Codes.
557. Forbidden Location: No building of any kind shall
be erected over that portion of the waters of the Indian River
west of a line extending southerly from southeasterly corner of
the more southerly portion of the Fort Pierce Financing and
Construction Company fill to the northeast corner of the New
Fort Pierce Hotel fill, without the express official approval of
the City Manager, Board of Review and City Commission.
CHIMNEYS, FLUES AND FIREPLACES:
561. (a) Chimneys, except as herein provided, in every
building hereafter erected, altered or rebuilt, shall be con-
structed of brick, stone or reinforced concrete. No masonry
chimney shall have walls less than eight inches thick, unless
it be lined on the inside with well burned terra-cotta or fire
clay chimney tile set in cement mortar, in which case the walls
shall be not less than four inches thick.
(b) Low Pressure Boiler Chimneys, Etc.: Chimneys of
all low-pressure boilers or furnaces, also the smoke flues of
baker ovens, large cooking ranges, large laundry stoves and all
flues used for similar purposes, shall be at' least eight inches
in thickness and be lined continuously on the inside with well
burned terra-cotta or fire clay chimney tiles set in cement
mortar. All such chimneys shall be coped with terra-cotta,
stone, concrete or cast iron.
(c) For High Pressure Steam Boilers and every appli-
ance producing a corresponding temperature, the smoke flue,
if built of brick, stone, reinforced concrete or other approved
masonry, shall have walls not less than twelve inches thick and
the inside four inches of such walls shall be fire brick laid in
fire clay mortar, for a distance of twenty-five feet from
the point where the smoke connections of the boilers enter the
(d) Metal Smoke Stacks may be permitted for boilers,
furnaces, and similar apparatus, provided they have a clear-
ance from all combustible material of not less than one-half
the diameter of the stack, nor less than six inches. They shall
not be permitted to pass through floors, and where they pass
through a roof, they shall be guarded either by a metal hood
of not less than six inches above the roof for ventilation, or by
galvanized iron ventilating thimble extending at least nine
inches below the underside of the ceiling or roof beams to at
least nine inches above the roof, and the diameter of the ven-
tilating thimble shall be not less than twelve inches greater
than that of the smoke stack.
CITY CODE 87
(e) Stove flues for residences may be built with four
inches of masonry, provided they are placed on the outside and
no wood work is within the outside face of the masonry and
flues are built from top to bottom and laid with cement mor-
tar, and lined from base to top with fire clay piping in sections
not less than twenty-four inches long. All flue holes, when not
in use, shall be closed with tight-fitting metal covers.
(f) The lining shall be continuous from the bottom of
the flue to the extreme height.
(g) Corbelling: No chimney shall be corbelled out more
than one-half the thickness of the wall in which it is built,
and in no case more than eight inches from a brick wall, ana
such corbelling shall consist of at least five courses of brick.
(h) Chimney Supports shall be incombustible and shall
rest upon the ground or foundation. Flues not built from the
ground up shall be hung on iron stirrups of new iron not less
than one-fourth of an inch by one and three-fourth inches, beni
to come to at least two inches below lower surface of ceiling,
or any other approved metal supports conforming to these re-
(i) Height: All chimneys or flues shall project at least
three feet above the point of contact with the flat roof, or tw<
feet above the ridge of a pitched roof.
(j) Prohibited Construction: No wooden beams, joist,
studding or furring shall be placed within two inches of any
chimney or flue nor within four inches of the back face of a
fireplace wall. Wooden chimney or flue supports shall not be
used, bricks shall not be set on edge, and only cement mortar
shall be used in chimney or flue construction.
(k) Dangerous Chimneys or Flues, or those which are
considered dangerous or unsafe from any cause, shall be re-
paired and made safe or taken down upon written order to the
owner, agent or occupant.
(1) Fireplaces: The fire back of every fireplace here-
after erected shall be not less than eight inches in thickness of
solid masonry. When a grate is set in a fireplace, a lining of
fire brick at least two inches thick shall be added to the fire-
place unless soap stone tile or cast iron is used and filled in
solidly behind with fireproof material.
(m) Protection of Woodwork: All place between the
chimney and the wooden beams shall be solidly filled with mor-
tar, mineral wool or other incombustible material. The head-
ers of beams, carrying the tail beams of a floor and supporting
the trimmer arch in front of a fireplace shall be not less than
twenty inches from the chimney breast.
(n) Plastering: The plastering shall be directly on the
masonry or on metal lathing. Woodwork fastened to plaster
88 CITY CODE
which is against the masonry of a chimney, shall have a layer
of asbestos board at least one-eighth of one inch thick placed
between the wood work and the plaster.
562. Smoke Pipes: No smoke pipe shall be within six
inches of any wood work or any wooden laths and plaster par-
tition or ceiling. Where pipes pass through a wooden lath
and pla-ter partition, they shall be guarded by galvanized iron
thimb'es bui't in at least four inches of brick work or other in-
combustible material. No smoke pipe shall pass through any
floor or combustible roof of any building.
HOT AIR PIPES AND REGISTERS:
563. Heater Pipes from hot air furnaces, where passing
through combustible partitions or floors, must'be double tin
ripes with at least one inch of air space between them. Hori-
zontal hot air pipes leading from furnaces shall be not less
than six inches from any wood work, unless the wood work be
covered with loose fitting tin or the pipe be covered with at
least one-half inch of corrugated asbestos in which latter case
the distance from the wood work may be reduced to not less
than three inches. Hot air pipes contained in combustible par-
titions shall be placed inside another pipe arranged to main-
tain one-half inch air space between the two on all sides, or by
securely covered with one-half inch corrugated asbestos. In
closets they shall be double with a space of at least one inch
between them on all sides.
(b) Prohibited Constructoin:- No hot air pipes shall be
placed in a wooden stud partition or any wooden enclosure un-
less it be at least eight feet horizontal distance from the fur-
nace. Neither the outer pipes nor the covering shall be within
one inch of wooden studding, and no wooden laths shall be used
to cover the portion of the partition in which the hot air is
(c) Registers: Every hot air furnace shall have at least
one register without valve or louvers. A register located over
a brick furnace shall be supported by a brick shaft built up
from the cover of the hot air chamber. Said shaft shall be
lined with a metal pipe and no wood work shall be within three
inches of the outer face of the shaft. Hot air registers placed
in any wood work of combustible floors shall be surrounded
with borders of incombustible material not less than two inches
wide, securely set in place.
(c) Register Boxes placed in a floor over a portable fur-
nace shall have an open space around them of not less than
four inches on all sides, and be supported by an incombustible
The register boxes shall be of metal and be doubled.
The distance between the two walls shall be not less than one
CITY CODE 89
inch, or they may be single if covered with asbestos not less
than one-eighth inch in thickness, and if all wood work within
two inches be covered with tin.
(d) Cold air ducts for hot air furnaces shall be made of
564. Steam and Hot Water Pipes shall not be within one
inch of any woodwork. Those passing through combustible
floors or ceiling or wooden lath and plaster partition, shall be
protected by metal tube one inch larger in diameter than the
pipe and be provided with a perforated metal cap. All wooden
boxes or casings inclosing steam or hot water heating pipes or
wooden covers to recesses in wall in which steam or hot water
heating pipes are placed, shall be lined with metal
565. Dry Rooms: No combustible material shall be per-
mitted in the construction of any dry room hereafter erected,
in which a temperature of a hundred and twenty-five degrees
Fahrenheit or over may exist. If a less temperature is to be
used, the dry room may be constructed of wood, but it shall be
lined throughout with one-eighth inch asbestos covered with
sheet metal. If windows are placed in walls or ceilings of dry
rooms, they shall be of wired glass set in fixed incombustible
sash and frames.
HEATING AND COOKING:
566. (a) Stoves and Ranges: No kitchen range or
stove in any building shall be placed less than three feet from
any wood work or wooden lath and plaster partition unless the
wood work or partition is properly protected by metal shields
loosely attached, thus preserving an air space behind them, in
which case the distance shall be not less than six inches. Hotel
and restaurant ranges shall be provided with a metal hood
placed at least nine inches below any wooden lath and plaster
or wooden ceiling and have an individual pipe outlet.
(b) Protection of Combustible Floors under coal ranges
and similar appliances without legs, such as mentioned in Sec-
tion 567, in which hot fires are maintained shall be protected
by a sheet of metal or a one-eighth inch layer of asbestos
building lumber which shall be covered with not less than four
inches of masonry set in cement mortar. Such masonry may
consist of one course of four-inch hollow terra-cotta or of two
courses of brick or terra-cotta, at least one of which shall be
hollow and be laid to preserve a free circulation of air through-
out the whole course. Concrete may be substituted for the
course of solid brick if desired.
The masonry work shall be covered on top by a sheet of
metal of not less than a No. 26 gauge.
90 CITY CODE
(c) Extent of Hearths shall be at least twelve inches in
front and twelve inches on the side and back of the ranges or
similar heating apparatus. All coal stoves or ranges with legs
shall be set on incombustible material, which shall extend
twelve inches in front and six inches on sides and rear.
567. (a) Heating Furnaces and Appliances: Any wood
work, wooden lath and plaster partition or ceiling within four
feet of the sides or back or six feet from the front of any
heating boiler, bakery oven, coffee roaster, fire heated candy
kett'e, laundry stove or other similar appliance, shall be cov-
ered with metal or metal over one-fourth inch asbestos to a
height of at least five feet above the floor, extending the full
length of the boiler, furnace or heating appliance and at least
five feet in front of it. If metal without asbestos is used,
shields shall be loosely attached, thus preserving an air space
(b) Heatin- Boilers should be encased on sides and top
by an incombustible protecting covering not less than one and
one-half inches thick.
(c) Prohibited Construction: Combustible construction
is forbidden within two feet of the sides or back of the heat-
ing appliance or five feet in front of same. No furnace, boiler
range, or other heating appliance shall be placed against a wall
furred with wood.
568. (a) Open Flame Heating Devices: All gas, gaso-
l:ne, oil or charcoal burning stoves or heating devices shall be
placed on iron stands at least six inches above combustible sup-
ports, unless the burners are at least five inches above the
base with metal guard plates four inches below the burners.
All open flame heating devices must be equipped with a venti-
lating pipe, so constructed and installed that all fumes from
such heating devices will be carried outside of the building.
Where such pipe passes through a wooden lath and plastered
partition, ceiling or roof, they shall be guarded by galvanized
iron ventilating thimbles at least four inches larger than the
(b) Prohibited Locations: No open flame heating or
lighting device shall be used in any room where gasoline or
other volatile inflammable fluids are stored or handled, nor
placed less than eighteen inches from any wood work or wooden
lath and plaster partition or wall unless the wood work, parti-
tion or wall is properly protected by loosely attached shields,
in which case the distance shall be not less than six inches.
569. Gas Connections: Gas connections to stoves and
similar heating devices shall be made by rigid metal pipes. For
small portable gas heating devices, flexible metal rubber tubing
may be used when there is no valve or shut-off on the device.
CITY CODE 91
570. Vent Flues: Vent flues or ducts for the removal of
foul or vitiated air in which the temperature of the air cannot
exceed that of the room, shall be constructed of metal or other
incombustible material and shall not be placed nearer than
one inch to any wood work and no such flues shall be used
for any other purpose.
PROTECTION AND PROSECUTION:
571. Stand Pipe.: In all buildings hereafter erected over
three stories in height there shall be installed one, or at the
direction of the City Manager more than one, four-inch or
larger metallic stand pipes, which shall be connected with city
water mains through four-inch or larger unmetered connec-
tions wherever city water mains are available, and equipped
with a two and one-half inch hose connection on each floor
and a two andt one-half inch siamese connection with proper
valve outside at street grade. Threads on hose connec-
tions inside of buildings and on siamese connections outside of
buildings shall be of same size and pipe as that used by Fire
Department. Siamese connections outside of buildings shall
be installed not less than six inches or more than twenty-four
inches above sidewalk.
572. Safety of Design: All parts of every building shall
be designed to safely carry the loads imposed thereon and shall
in all respects conform to good engineering practice.
575. Enforcement and Supervision: The City Manager
directly, or through the Department of Works, is hereby au-
thorized and empowered to enforce all Ordinances relating to
the construction, equipment, and management and condition of
all property within said city, and to supervise the construction
or reconstruction of all buildings.
581. Removal of BuIldigs: If any building shall here-
after be erected within the City in violation of, or not in full
compliance with each and every order, rule or regulation of
this Code, or if any building shall hereafter change to a condi-
tion prohibited or declared unsafe by any rule, order or regu-
lation hereof, or authorized hereby, or if any building here-
tofore erected be hereafter condemned by proper State or City
Officers; or if it be of the class or character herein directed
and required to be hereafter removed, and the same shall not
be so removed: said building is hereby declared to be a nuisance
whenever in the course of its construction any order or regu-
lation of this Ordinance be violated or not fully complied with
or whenever the same shall change to a condition prohibited or
be condemned or declared unsafe by any regulation of this
Code or order authorized hereby, or whenever the same shall
not be removed, at the time and in the manner required, as
the case may be; and the owner of such building shall be re-
quired to remove the same as provided by the City Char-
ter, 9 b.
92 CITY CODE
594. Prmesetlem and Puaishmnat Any person who
shall violate any of the provisions of this Code, or fail to com-
ply with any order or regulations made or authorized there-
under, or who shall build in violation of any detail statement
or specification or plans submitted and approved thereunder,
or any certificate or permit issued thereunder severally, for
each and every such violation and non-compliance respectively,
shall upon conviction thereof be punished by a fine of not ex-
ceeding Five Hundred ($500.00) Dollars), or by imprisonment
not exceeding sixty (60) days, or both such fine and imprison-
ment at the discretion of the court. The imposition of one
penalty or sentence for any violation of this Ordinance shall
not excuse the violation, or permit it to continue. And all such
persons shall be required to correct or remedy such violations
or defects within a reasonable time; and when not otherwise
specified, each ten days that prohibited conditions are main-
tained shall constitute a separate offense.
The appliance of any other penalty or civil action shall
not be held to prevent the enforced removal of prohibited con-
ditions, as provided by the City Charter, other law of Florida,
this Code or other Ordinance of the City.
595. Appeals from the orders, decisions or rulings of
any City Officer as to matters arising under this Chapter, may
be taken to the Board of Review provided for in Chapter Four
of this City Code, in the same manner and with the same pro-
cedure and effect as provided in Sections 31 to 37, inclusive, of
this City Code.
CITY CODE 93
CITY OF FORT PIERCE.
DEFINITIONS AND CONSTRUCTIONS:
601, Unless the context shows a contrary intent, the fo!-
lowing words and terms, as used in this Chapter, shall be given
the meaning assigned to them herein, to-wit:
(a) Board: Electrical Board of the City of Fort
(b) City: City of Fort Pierce, Florida, and the
territory within its boundaries or to be served
with current from its electrical circuit or plant.
(c) Contractor: Electrical contractor, master elec-
trician or other person doing electrical con-
struction, through himself or any journeyman
or employee, whether for a lump contract price,
on the basis of time and material, time or
wages alone, or otherwise; but not journeymen
or others while working for or under a con-
tractor or master electrician.
(d) Current: Electrical current furnished from
the City plant.
(e) Electrical Construction: Any work, material,
apparatus, equipment, appliances, or devices
used or employed in installing, maintaining or
extending a circuit or system of electrical wir-
ing for light, heat or power purposes, being or
to be inside or attached to any building struc-
ture or premises .he City or connected with
an electrical plant therein.
(f) Inspector: City Electrical Inspector.
602. Functions: All electrical construction in the City
shall be done under the supervision of the Electrical Board,
which shall conduct all examination for certification of elec-
tricians and pass on appeals in electrical matters.
603. Members: The Board shall consist of (1) the Su-
perintendent of Utilities, who shall be Chairman, (2) the Elec-
trical Inspector, and (3) a Master Electrician of two years'
residence in the City, appointed by the City Manager to act
for one year, and until his successor is appointed and qualifies.
No member shall act on any matter in which he is interested
o- involving any decision he has made. If the Inspector is dis-
94 CITY CODE
qualified, the City Manager may act in his stead, unless also
disqualified, and in case of any interest or disqualification, the
Chairman may appoint a temporary substitute.
604. Conmpenation of Two Dollars per meeting shall be
paid to each member who is not a City employee in any other
605. Records and Files of all certificates, permits, ii-
censes, and suspensions or revocations thereof;, and of inspec-
tions, condemnations of construction, notices, connection con-
tracts, meter deposits, connections and disconnections of serv-
ice herein required; and all other proper records; shall be
made, preserved and kept in the appropriate office or in such
office or place as the City Manager may direct.
611. Electrician's Certificate: No one shall engage in
the business or trade of either Master or Journeyman Elec-
trician in this City until he has passed an examination and re-
ceived a proper certificate therefore, but this provision shall
not apply to electricians' helpers who do no work except in
the presence and under the direction of a certificated elec-
trician. No one without a certificate in full force, or employ-
ing one holding such certificate, shall be granted an Elec-
trician's Occupational Tax License or Job Permit, nor shall
any work so done be passed by the Inspector, except on terms
fixed by the City Manager.
612. Examination for Certificate may be had by any
electrician, upon applying to the City Treasurer and paying a
fee of Five Dollars, at a time and place to be fixed by the
Chairman of the Board. The examination shall thoroughly
cover the requirements of this Code and other Ordinances,
State laws and rules; and shall sufficiently test his qualifica-
tions and competency to engage in the business or trade. If
deemed proficient, the applicant shall receive a certificate
signed and issued by the Chairman of the Board, which shall
not be transferrable.
613. Suspension or Revocation of Certificate: If any
holder of an Electrician's Certificate violates any provision,
rule or requirement of this Code, or other Ordinance of the
City, law or rule relating to .electrical construction, or is re-
sponsible for any act or installation hazardous to life or prop-
erty, his certificate shall be suspended or revoked by written
order, specifying the cause, signed by the City Manager or
Chairman of the Board, in case of suspension, or by both in
case of revocation, and filed with the City Treasurer. A copy
of the order shall be delivered to the one whose certificate is
so suspended or revoked, or at his place of business, as soon
as practicable. Suspensions shall be for not more than ten
days, but revocations shall be until a new certificate is granted
CITY CODE 95
on terms imposed by the Board and approved by the City
Manager. All rights and authority under such certificate shall
terminate during such suspension or revocation.
621. An Electrical Inspector shall be appointed by the City
Manager. He shall be a competent and practical Electrician
or good, moral character and experience, well versed in ap-
proved methods of electrical construction for safety of life and
property, the provisions of this Code, State laws and rul; re-
lating to Electrical Construction, the National Electric- i Code
and National Electric Safety Code, and Standards of the Un-
derwriters' Laboratories, Inc., as approved by the American
622. Inspector-Appointment and Qualifications: Be-
fore entering on the duties of his office, the Inspector shall
take and subscribe the required oath which, together with a
Surety Bond in the sum of One Thousand Dollars, payable to
the City, conditioned for the faithful performance of his du-
ties, shall be filed with the City Clerk. He shall not engage
in the business of Electrical Construction except as an employee
of the City, or in case of emergencies, and shall have no finan-
cial interest in or business connection with any concern in such
business in the City while holding such office, but these pro-
visions may be waived by the City Manager in case of emergen-
cies, and substitute Inspectors may be appointed in such cases.
623. Inspector's Right of Access: The Electrical In-
spector shall have the right during any reasonable hours to
enter any building in the discharge of his official duties; and
shall have the authority to cause the turning off of ah elec-
trical current, and in cases of emergency, to cut or disconnect
any wire conducting electrical current dangerous to life and
property, or that may interfere with the work of the Fire De-
624. Inspection: Upon the completion of any job of
electrical construction, it shall be the duty of the contractor
doing or installing the same to notify the Inspector, who shall
inspect the construction and installation within twenty-four
hours thereafter. If it is found to be fully in compliance with
this Ordinance and not to constitute a hazard to life and prop-
erty, he shall issue to such contractor for delivery to the owner,
a certificate of inspection authorizing connection and the turn-
ing on of the current. If not so found, such certificate shall
be refused, the construction condemned, and the contractor,
City Manager and Superintendent of Public Utilities so noti-
fied. No current shall be supplied until the condition is reme-
died. All wires, which are to be hidden from view, shall be
inspected before concealment, and every contractor installing
96 CITY CODE
such wires, or constructing or repairing the building, shall
notify the Electrical Inspector before such wires are to be
625. Concealed Construction: All electrical construc-
tion that is to be hidden from view shall be inspected before
concealment. If approved, the Inspector shall place upon the
wiring, and at the meter outlet, white sticker seals bearing the
word "Approved", or "Inspected and Passed", with the signa-
ture of the Inspector, and only such wiring and construction
shall be covered up. Any unsatisfactory electrical con-truc-
tion shall be condemned and placarded with yellow sticker
seals, bearing the word "Condemned", and shall not be covered
up nor the seals removed until corrected and approved. Any
building contractor or other person who covers up any elec-
trical construction before it has been approved and approval
indicated as herein provided, or who removes the said seals,
shall forfeit his Occupational License, and shall, upon convic-
tion, be punished as for other city offenses.
626. Re-Inspection and Repair: The Inspector or City
Manager shall periodically make or cause to be made a thor-
ough inspection of all electrical construction now or hereafter
existing in any building, structure or place within the City or
served with electrical current therefrom, and when any such
electrical construction is found to be in a defective, dangerous
or unsafe condition, it may be condemned as hereinafter pro-
vided, and service discontinued until made safe.
631. Occupational License and Bond: No electrical con-
tractor shall engage in or carry on the business of electrical
construction within the City, or the territory to be served with
current from its plant, unless he shall have procured the cur-
rent annual Occupational License, and paid the tax therefore,
and shall have furnished and filed with the City Treasurer a
Surety Bond in an approved company, in the amount of Three
Thousand ($3,000.00) Dollars, the conditions of which shall
be to faithfully comply with the provisions and requirements of
this Code and other Ordinances, and to save and keep the
City and its officials, harmless from all suits, damages, liabili-
ties, or judgments that may be commenced or claimed or caused
by reason of the failure of the holder of the license and/or
giver of the bond to comply with all the provisions and require-
ments of this Code and other Ordinances, laws, rules and regu-
lations relating to the subject of electrical construction. Be-
fore such bond is accepted or license is issued by the City
Treasurer, it shall be approved as to form by the City At-
632. Duty of Electricians: All Certificated Electricians
shall perform the work entrusted to them in accordance with
CITY CODE 97
the latest approved methods and regulations, and are re-
quested to report to the Inspector, Superintendent of Utilities
or City Manager any electrical construction, material or ap-
pliances installed or in use not conforming to such method-
and regulations, that may come to their attention. Such re-
port shall be kept confidential so far as possible if so req'-es'd.
641. Job Permits: No alterations or additions shall be
made in existing electrical construction within the City, nor
shall any alterations be made in electrical construction after
inspection (except minor repair work, such as repairing flush
and snap switches, replacing fuses, changing lamp sockets and
receptacles, tapin? bare joints and repairing drop cords), be-
fore securing from the City Treasu-er a permit therefore. Ap-
plications for such permits, describing the construction to be
done and installed, sha:l be made by the contractor who is to
install the same, and permit, when issued, shall be to such ap-
plicant. This section shall not apply to maintenance and re-
pairs on the premises of those regularly employing journey-
men electricians for that purpose.
642. Permit and inspection Fees shall be paid at the
time of taking out the permits and shall be based as follows:
(a) Light and heating, 10 cents per light switch, con-
venience outlets, or other outlets from which extensions may
be made, with a minimum fee of $1.00.
(b) Power, 10 cents per H. P., with a minimum of $1.00
(c) Outlets or decorative lighting, 50 cents pe- circuit,
with a minimum fee of $1.00.
643. Construction Requirements: All wiring for light-
ing, power or heating within the City shall be enclosed in a
rigid or flexible metal covering; except that material approved
by the Underwriters' Laboratories, Inc., may be used in Third
fire limits, or in replacing old wiring; and all electrical construc-
tion shall be in strict conformity with the provisions of this
Code and other Ordinances, the statutes, ru'es and regulations
made or issued under authority of the State of Florida; and
with the most approved methods of construction for safety of
life and property. No certificate of inspection shall be issued
unless or until such requirements are met. Conformity with
the regulations as laid down in the National Electrical Code
and in the National Electrical Safety Code, as approved by
the American Standards Association and with the Standards
of the Underwriters' Laboratories, Inc., shall be prima facia
evidence of compliance with this Section.
644. Approved Materials and Appliances: No electrical
materials, devices or appliances shall be installed in the City
except such as are in conformity with this Code and supple-
mental Ordinances the statutes of Florida and the rules and
regulations issued by the Hotel Commission or other officers
98 CITY CODE
under authority of the laws of the State of Florida, nor unless
they are in conformity with approved methods of construction
for safety of life and property. Conformity of electrical ma-
terials, devices and appliances with the Standard of Under-
writers' Laboratories, Inc., and other standards, as approved
by the American Standards Association shall be prima facie
evidence of their compliance with this Section. The maker's
name, trade mark or other identification symbol shall be placed
on all electrical material, devices and appliances used or in-
stalled in the City. This Section of the Code shall be promi-
nently displayed in all places selling electrical material, de-
vices and equipment.
645. Condemnation of Construction: Whenever any
electrical construction shall be found to be defective, danger-
ous, unsafe or not in accordance with the requirements of this
Chapter; either upon original inspection of new work, or upon
re-inspection of new, old or existing work, or otherwise, at
any time or in any way; the same or any part thereof may be
condemned either by the Inspector or City Manager, and notice
in writing signed by such Inspector or Manager, requiring the
defects complained of, describing them, to be remedied within
ten days, or other time specified; shall be served upon the con-
tractor, owner, agent, or occupant; or upon several or all of
them. Upon failure to comply with said requirements, elec-
trical service shall be refused or discontinued until the said
defects are remedied and the electrical construction made
651. Location of Switches and Meters: Any one using
or desiring to use electrical current, shall provide a suitable
place for switch and meter, either outside the building or in-
side, at a place not more than seven feet from the ground or
floor; where they will be protected from the elements, and
where they are readily accessible for meter reading or disr.on-
nction, in case of fire or other emergency, at any time of day.
Any one using current shall be conclusively deemed and pre-
sumed to have consented to the entry of any city officer to
the place where such switch and meter are located, for ar-
purpose relating to their duties whatsoever. Provisions of this
Section may be waived by the City Manager as to buildings al-
652. Meter Deposit: Whoever desires the service of cur-
rent shall file written application and contract with the City
Treasurer for meter and current service, and deposit in cash
an amount sufficient to cover cona4mption of current for 45
days as estimated by the Superintendent ot Utilities or Treas-
urer. Said deposit shall not be less than $5.00 nor more than
$500.00. If the estimate exceeds $500.00, the deposit may be
by way of a Surety Bond in an approved company, in form
CITY CODE !)!
approved by the City Attorney, conditioned to save the City
harmless against fraud, damage or failure to pay all bills and
accounts due the city. Deposits shall draw interest at 6%
after one full year ending January 1, and shall be paid, and
endorsed on deposit receipts of $25.00 or more, when pre-
sented; and any unused balance, and interest if one year or
more, shall be paid upon return of receipt when service is dis-
continued and paid for.
653. Connections With City System: No physical con-
nection of any electrical wires or other electrical construction,
in any building or place, either inside or outside of the City
Limits, shall be made with the City electrical power or light
lines, plant, distributing system, circuits or extensions there-
from; either by way of original connection or after discon-
nection by the proper City officers or employes for non-pay-
ment of any bill for current, or because of dangerous or de-
fective wiring or any other similar cause; without first apply-
ing for and obtaining a written permit from the City Treasurer
in the usual form therefore, and having a suitable meter prop-
erly installed so as to register the full amount of current used.
Such connection and metering shall be made or done only by
the proper City officers or employes, after proper inspection;
and proper records, both of connection and disconnections,
shall be kept and filed as directed by the City Manager.
654. Unmetered Current: It shall be unlawful for any
one to wire or connect across or ahead of any electrical meter,
or to cause the same to be done, or to secure or permit to be
secured any unmetered electrical current in any other manner
whatsoever. Any contractor or electrician who violates this
provision shall forfeit his license or certificate or both; and
any consumer who violates this provision and receives unme-
tered current, innocently or otherwise, shall pay to the City
the amount which the City Manager estimates to be a proper
charged for the current probably used, before further use of
electrical current shall be permitted.
661. Residential Rates for current for lighting, heating,
cooking, domestic registrations and other socket appliances
shall be fixed by the City Commission and printed on the back
665. Rates for Loads Exceeding 25 H. P. shall be rec-
ommended by the City Manager and approved by the City
Commission, with contract filed covering prices and regula-
tions for the consumer. Such contract shall protect the City
against any raise in fuel or transportation rates, and against
the effect of strikes, storms, accidents, other unavoidable oc-
currences, acts of God or the public enemy.
666. Rates Outside City: The above rates apply only to
current supplied for use inside the City Limits proper. The
iates for current consumed outside the City Limits shall be