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~to_the public safety. -The general rule is that there is a pre- _
autption of the validity of an ardinance When regularly enacted.
10 Fla. Jur 2d, Constitutia~aal Law, f80. -
However, that part of the ordinance which states that t
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a wild, nozioua or poisonous.growth of plants, vines,-weeds or f,
underbrush is,a fire hazard or a public nuisance does constitute -
an unreasonable regulation, since the ordinance does not require
this growth to exceed twelve inches. The power to restrain and
regulate does not include the power to prohibit an activity which _
is not a nuisance per ae. Carter v. Tova ~of Palm Beach, 237 Sold -
130 (197.0). - -
Tt is thereupon,
4RDERBD and ADJDDG$Dt
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1._ The portion of Ordinance 78-2; Section A(2) which
reads "a wild, noxious or poisonous growth of plants, vines,-
_ weeds, or underbrush or" is unlawful and unenforceable and is
hereby stricken. _
2. All of the remaining portions of the ordinance are
enforceable and valid.- _
3. Jurisdiction is reserved for taxation of costa and -
for -further relief as ma~? be aeceaaary.
DONE and BRED in Dero Beach, Indian River County,
Florida this ~ ay of September, 1979.
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- Copies furnished to:
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Dimitry N. Alexander, Esq.- _
Charles J. Dorfman, Esq. -
19i9 tiCt -2 ~ 3
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