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25-012 ORDINANCE NO. 25-012 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 REPEALING SECTION 16-44 OF THE CITY CODE OF ORDINANCES 3 ENTITLED "GAMBLING"; PROVIDING FOR CODIFICATION; 4 CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE. 5 6 WHEREAS, Part II "Code of Ordinances," Article II "City Parks and Beaches," Division 2 7 "Conduct Regulated," Section 16-44 "Gambling" of the City of Boynton Beach Code of 8 Ordinances currently prohibits gambling at any beach or park; and 9 WHEREAS, Section 849.08, Florida Statutes, already addresses the regulation of 10 gambling with substantially similar and redundant language to that contained in Section 16- 11 44 of the City's Code of Ordinances; and 12 WHEREAS, the City Commission has determined that the provisions of Section 16-44 13 are duplicative of state law and create unnecessary redundancy in the City's Code of 14 Ordinances; and 15 WHEREAS, the City Commission finds the repeal of Part II "Code of Ordinances," Article 16 II "City Parks and Beaches," Division 2 "Conduct Regulated," Section 16-44 "Gambling" of the 17 City of Boynton Beach Code of Ordinances is in the best interest of the citizens and residents 18 of the City of Boynton Beach. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby incorporated herein and made a part hereof. 23 Section 2. The City Commission of the City of Boynton Beach hereby repeals Part II 24 "Code of Ordinances," Article II "City Parks and Beaches," Division 2 "Conduct Regulated," 25 Section 16-44 "Gambling" of the City of Boynton Beach Code of Ordinances. 26 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 27 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 28 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this 29 Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to 30 "Section," "Article," or such other word or phrase in order to accomplish such intention. . ORDINANCE NO. 25-012 31 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 32 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 33 Section 5. If any clause, section, or other part or application of this Ordinance shall 34 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 35 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 36 the validity of the remaining portions or applications remaining in full force and effect. 37 Section 6. This Ordinance shall become effective immediately upon passage. 38 39 40 [SIGNATURES ON THE FOLLOWING PAGE] 41 ORDINANCE NO. 25-012 42 FIRST READING this i ' day of U-SA , 2025. 43 SECOND, FINAL READING AND PASSAGE this day of - -,n/\. , 2025. 44 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 -A�48 Mayor- Rebecca Shelton 49 Y 50 Vice Mayor-Woodrow L. Hay 51 52 Commissioner-Angela Cruz I/ 53 v 54 Commissioner-Aimee Kelley 55 56 Commissioner-Thomas Turkin 57 1' 58 VOTE L 0 59 60 61 A S . 6 63 i t 0 64 Maylee D- Je , MPA, MM Rebecca Shelton 65 City Clerk Mayor 66 YN APPROVED AS TO FORM: 67 �pV N TpN ��� 68 (Corporate Seal) 1-0<(, ;• EPOR,gp•;.6' N 69 ~ Go SEAL .... .i,St . b 70 i ;INCORPORATED; $ 71 ��� 1920 •: Shawna G. Lamb •.. City Attorney 72 I �% •.....•• ``.%*FLORI01\_