O64-21ORDINANCE NO. 64-2i
AN ORDIt~ANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA° PROHIBITING T~HE ABANDONMEi~.IT OF
CERTAIN VEHICLES; RESTRICTING THE DISPOSITION
OR KEEPING OF W~ECKED, NON-OPERATING OR
DISCARDED VEHICLES ON PUBLIC STREETS OR PRIVATE
PROPERTY WITHIN THE CITY; PROVIDING FOR DIS-
POSITION OF CERTAIN VEHICLES; A -PENALTY CLAUSE~
REPEALING PROVISIONS; AND FOR OTHER PUR]~OSES.
WHEREAS, in the City of Boynton Beach, Florida, vehicles
are, or may in the future be abandoned in the streets or on private property
within the City; and
WHEREAS, there are, or may in the future, be
dismantled or partially dismantled, wrecked, non-operating or discarded
vehicles left about the City other than in junk yards or other appropriate/
places; and
WHEREAS, such conditions tend to impede traffic
in the streets or interfere with the enjoyment of and reduce the value of
private property, invite plundering, create fire hazards and other safety
and health hazards to children as well as adults, interfere with the comfort a~id
well being of the public and create, extend and aggrevate urban blight; and
WHEREAS, adequate protectiOn of the public~
health, safety and welfare requires that such conditions be regulated, abated
and prohibited;
NOW, THEREFORE,
Council of the City of Boynton Beach, Florida:
be it ordained by the City
SECTION I: That Chapter 29 of the Codified
Ordinances of the City of Boynton Beach, Florida, is hereby amended by
adding thereto, the following Sections to read:
Sec. 29-5. Abandoned, wrecked or junked vehicles. Unlawful
to leave on public streets or private property.
~a) Definitions. The following definitions shall apply in the
interpretation and enforcement of this ordinance.
(1). "Person"shall mean any person, firm or
partnership, association, corporation, .company,
or organization ol' any kind.
(2) "Vehicle" shall mean a machine.propelled by
power other-than human power designed to travel
along the ground by use ol wheels, treads, runners,
or slides aha transport persons or pmoperty or pull
machinery and shall include, without'limitation
automobile, truck, tra~ler, mo~orcyle, tractor,
buggy, and wagon.
(3) "Street or highway" shall mean the entire width
between the boundary lzues o~' every publicly dedicated
right-oI-way w~thin the mumclpal hmits of the City of
Boynton Beach, Florida.
(4) "Property" shall mean any real property within
the City wh~ch.lS not a street or highway.
Aoandonment ol Vehicles. No person snali aoandone;~-
andy v~hicle w~thin the City and no person shall leave any vehicles
at any place within the City for such time and under such
circumstances as to cause such vehicle reasonably to appear
to have been abandoned.
(c) Leaving of wrecked, non-operating vehicle on street.
No person shall leave any partially dismantled, non-operating,
wrecked, or junked vehicle on any street or highway within
the City.
(d) Disposition of Wrecked or Discarded Vehicles.
No person in charge or control-of any property within the
City, whether as owner, tenante0 occupant, lessee, or
otherwise shall allow any partially dismant~id, non-operating
wrecked, junked or dischmz~ed vehicle to remain on such
property ~longer than 72 hours~ and no person shall leave any
such vehicle on any property within the City for longer time
than 72 hours; except that this Ordinance shall not apply with
regard to a vehicle in an enclosed building; a vehicle on the
premises of a business enterprise operated in a lawful place
and manner, when necessary to the operation of such business
enterprise; or a vehicle in an appropriate storage place or
depository maintained in a lawful place and manner by the City.
Sec. 2~-6. The accumulation!~ and storage of one or more of
such vehicles as hereinbefore defined, on public or private
property shall constitute a nuisanc e, detrimental to the
health, safety and welfare of the inhabitants of the C~ty and
it shall be the duty of the owner of such vehicle~ and it
shall also be the duty of the private property owner, or lessee,
or other person in possession of private property u~p~.n which
such vehicle is located, to remove same from the Czty limits
or to have the same housed in an enclosed building ~here it
shall not be visible from the street.
Sec. 29-7. It shall be the duty of the City Manager or his
designee, to give written notice to the registered owner of
any vehicle which is in violation of this ordinance as above
described, or to give such notice to the owner, lessee or
person in possession of the private land whereon said vehicle
is situated where the identity of the registered owner is not
readily ascertainable, advising such persor4 or persons
-2-
thai said vehicle violates this ordinance and demanding that
said motor vehicle be removed from the City within 72
hours or that within 72 hours same be housed in an enclosed
building where it will not be visible from the street. Such
notice may be given by personal service or by registered
mail.
Sec. 29-8. Penalty. Any person, firm or corporation
violating any of the provisions of this ordinance shall
upon conviction thereof be fined in an amount not exceeding
$500. 00 or by imprisonment in the City Jail for a period
not exceeding 90 days, or by both such fine and imprisonment.
Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable
as such hereunder. Provided, however, if the person,
firm or corporation receiving the notice provided hereinabove
executes a written agreement authorizing the removal of such
vehicle or vehicles, the City will remove, or cause to be
removed the vehicle at no cost to the person receiving said
notice and no warrant for arrest shall be issued.
SECTION 2: Separability. Each of the provisions of this
ordinance are separable, including word, clause, phrase, or sentence, and
if any portion hereof shall be declared invalid, the remaining portion shall not
be affected but shall remain in full force and effect.
SECTION 3: Repealing provisions. Ail ordinances or part~
or ordinances in conflict herewith are hereby repealed.
SECTION 4: Authority to Codify. This ordinance may be
codified and incorporated into the City's existing code.
SECTION 5: Effective date. This ordinance shall become
effective in the manner and at the time provided by the Charter and
of the City of Boynton Beach, Florida.
First reading this ~'J~ day of ~0~l=-f~fi~, A.D.~ 1964.
Second, final reading and passage this ~_~ day of
A.D.' 1964.
(CORPORATE SEAL)
ATTEST: ~ ~z~
City Cler~/
-3-
CIT
B~
/
FLORIDA
Mayor
Councilman
Counc!
Counc~man