Monday, May 13, 2024

Ordinances are local laws. Following the Ordinances previously put in place would stop the chaos and go far in resolving the toxic council.

Thank you, readers, – for the feedback on one of my recent posts regarding civility. I am sure there are more questions than I received personally, so I will address the general conversation I had over the weekend. I was asked about the enforceability of the Palmetto Bay Ordinances. The topic was stimulated by my blog post of Friday, May 10, 2024.

It was, perhaps, a mistake to use the term “rules” as the rules discussed in the post are contained in an Ordinance.

And yes, an Ordinance differs from a resolution.  State Law defines them both in Section 166.041:

(a) “Ordinance” means an official legislative action of a governing body, which action is a regulation of a general and permanent nature and enforceable as a local law. 
(b) “Resolution” means an expression of a governing body concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the governing body.

See Online Sunshine - Section166.041 Procedures for adoption of ordinances and resolutions.—

A short legal opinion on following the rules is Yes, an ordinance is a law. Breaking an ordinance is basically breaking a local law for all practical purposes. The question is whether anyone is willing or has the means to enforce that ordinance.  When the Mayor or other members of the village council fail to follow an ordinance, they fail to follow the law.

No Village Official, elected, Charter or staff, - has the right or privilege to ignore or act contrary to any village ordinance.

Bottom line is elections matter and the the failure to follow village ordinances have been documented for you to decide. Some people enjoy it as entertainment, but this is not how elected officials were intended to behave, at least per the Palmetto Bay Ordinances. 

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