Waller v. Osban

Citations

• 60 Fla. 268

Syllabus

<p>1. Municipalities are legal entities established for local governmental purposes, and they can exercise only such authority as is conferred by express or implied provisions of law. The existence of authority to act cannot be assumed, but it should be made to appear. When the authority to act appears, the correctness of the action taken thereunder may be presumed until the contrary is shown.</p> <p>2. Every act of a municipality through its ordinances should be within the powers expressly or impliedly conferred, should be based upon a proper classification of subjects, should be reasonable and applicable alike to all under practically similar conditions and circumstances, and should not violate any provision or principle of law.</p> <p>3. Where cattle running at large in a city are taken up and impounded under ordinances authorized by the legislature, the regulation operates upon the cattle and not upon the owner thereof except as the owner is affected by the disposition made of the cattle. The residence of the owner of the cattle is not material where the regulation operates on the cattle and does not undertake to impose a fine or liability upon persons not within the jurisdiction of the municipality.</p> <p>4. An ordinance must be d¡uly passed and must be reasonable and not in conflict with any controlling provision or principle of law. •</p> <p>5. If in its enforcement a city ordinance is shown to be unreasonable the law affords a remedy.</p> <p>6. Under the statutory authority given the city of Titusville “to regulate, license, tax or suppress by fine or imprisonment the keeping and allowing to go at large of all animals * * * within the city, to impound the same and in default of redemption in pursuance of ordinance, to sell, kill or otherwise dispose of the same” and “to pass all ordinances necessary to the health, peace, convenience, good order and protection of the citizens,” the municipality may by ordinance provide for impounding cattle found at large in