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proceduralUnited States · Florida (Statewide)Difficulty: Hard

Ordinance Not Properly Enacted / Codified

Municipal parking restrictions must be enacted by ordinance and properly codified. A citation citing a non-existent or repealed code section is unenforceable. Recent municipal annexations and renumbering create gaps where the cited section is invalid.

Legal basis

F.S. §166.041 (municipal ordinance enactment requirements)

Sample appeal wording

TO: [HEARING OFFICER] RE: Citation # [#] alleging violation of [CODE §] A review of the [CITY] Municipal Code as published on MuniCode reveals that §[CITED SECTION] [does not exist / was repealed by Ordinance # ___ on ___ / has been renumbered to §___]. A citation based on a non-existent code section is void. Per §166.041, Fla. Stat., enforcement requires a properly enacted ordinance. Dismissal is required. [NAME] / [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Florida Statute §166.041
  • MuniCode municipal code library

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