Section 8.04 CONFLICT OF COUNTY ORDINANCES WITH MUNICIPAL ORDINANCES (*21)
Notwithstanding any other provisions of this Charter, any County ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict regardless of whether such municipal ordinance was adopted or enacted before or after the County ordinance, provided that the County ordinance shall prevail over municipal ordinances whenever the County shall set minimum standards protecting the environment by prohibiting or regulating air or water pollution, or the destruction of the resources of the County belonging to the general public. As set forth in this Charter, a County ordinance shall also prevail over a municipal ordinance in the area of land use planning. A County ordinance shall also prevail over a municipal ordinance in matters relating to Handgun Management within the parameters set forth in Section 8.19 of this Charter. In the event a County ordinance and a municipal ordinance shall cover the same subject matter without conflict, both the municipal ordinance and the County ordinance shall be effective, each being deemed supplemental, one to the other.
Section 704. Conflict of County Ordinances with Municipal Ordinances; Pre-emption.
No county ordinance shall be effective within a municipality if the municipality maintains an ordinance covering the same subject matter, activity or conduct as the county ordinance, provided, however, that county ordinances shall be effective within municipalities and shall prevail over municipal ordinances only when the county shall set minimum standards for (1) regulating adult entertainment and (2) protecting the environment by prohibiting or regulating air or water pollution, and only to the extent that such minimum standards are stricter than the applicable municipal standards. The intent of this section is that no person within a municipality shall be governed simultaneously by two (2) sets of ordinances covering the same subject matter, activity or conduct, except in matters of minimum adult entertainment or pollution regulatory standards. In the absence of an ordinance within a municipality on a subject, the county ordinance on that subject shall govern.
Palm Beach:
Sec. 1.3 Scope of County Ordinances --Conflict with Municipal Ordinances
Municipal ordinances shall prevail over County ordinances to the extent of any conflict, regardless of the time of passage of the municipal ordinances, except that the County ordinances shall prevail over conflicting municipal ordinances:
(1) In matters relating to the protection of wells and wellfields within the parameters set forth in Section 3.3 of this Charter.
(2) In matters relating to school, County-owned beaches, County district parks, and County regional parks, solid waste disposal, County law enforcement, County road programs, and County public buildings impact fees; and in matters related to County fire-rescue and County library impact fees in those municipalities whose properties are taxed by the County for library or fire-rescue purposes, respectively. This subsection shall not be construed as preempting or limiting in any way the enactment of municipal impact fee ordinances for those capital facilities provided exclusively by municipalities.* The County shall provide a credit toward the payment of County impact fees for properties within those municipalities which provide like capital facilities. This Section shall not be construed as a transfer of functions or powers related to municipal services.
(3) For the adoption and amendment of the Countywide Land Use Element adopted in accordance with Article VII of this Charter, "Countywide Planning Council."
(4) In matters relating to the establishment of levels of service for collector and arterial roads which are not the responsibility of any municipality, and the restriction of the issuance of development orders which would add traffic to such roads which have traffic exceeding the adopted level of service, provided that such ordinance is adopted and amended by a majority of the Board of County Commissioners.
(Ord. No. 86-28, § 2, 8-26-86; Ord. No. 86-29, § 2, 8-26-86; Ord. No. 86-30, § 2, 9-9-86; Ord. No. 88-21, § 2, 9-20-88; Ord. No. 88-25, § 2, 9-20-88)
Editor's note--Ord. Nos. 86-28, 86-29, 86-30 were all approved at an election held Nov. 4, 1986, to become effective Jan. 1, 1987. Each of the ordinances amended § 1.3 in its entirety. For convenience sake, the editor has retained the introductory language which is the same in each ordinance, and has designated the language which differs in each ordinance as subSection (1) for Ord. No. 86-28, (2) for Ord. No. 86-29, and (3) for Ord. No. 86-30. Ord. Nos. 88-21 and 88-25 were approved at an election held Nov. 8, 1988, both to become effective Jan. 1, 1989. A proposed amendment by Ord. No. 90-34 was repealed by Ord. 91-2, § 2 of which amended this section. Ord. No. 91.2 was, in turn repealed by Ord. No. 91-28 § 2 of which also amended this section. Ord. No. 91-29 was defeated at an election held Mar. 10, 1992. A further amendment to this section proposed by § 3 of Ord. No. 92-1 was defeated at the same Mar. 10, 1992, election. See also art. VII of this Charter.
*On Dec. 16, 1991, the Board of County Commissioners approved the Countywide Future Land Use Element as an optional element of the Palm Beach County comprehensive plan. On December 31, 1991, the Countywide Planning Council ceased to exist as a result of the sun-setting action by a majority of the municipalities in the County.
Comparison of how Florida Counties handle prevailing ordinance in the event of conflict