BOYNTON.2 Chapter 2
ADMINISTRATION*
Art. I. In General, §§ 2 - 1 — 2 - 24
Art. II. City Manager, §§ 2 - 25 — 2 - 40
Art. III. Elections, §§ 2 - 41 — 2 - 55
Art. IV. Purchasing and Consultants, §§ 2 - 56 — 2 - 71
Art. V. Code Compliance Board, §§ 2 - 72 — 2 - 100
Art. VI. Community Relations Board, §§ 2 - 101 — 2 -
115
Art. VII. Children and Youth Advisory Board, §§ 2 -
116 — 2 - 125
Art. VIII. Education Advisory Board, §§ 2 -
126 — 2 - 140
Art. IX. Senior Advisory Board, §§ 2 - 141 — 2 - 147
Art. X. Personnel Policy Manual, § 2 - 151
Art. XI. Arts Commission, §§ 2 - 154 — 2 - 158
Cross reference - Pensions and retirement for
city personnel, Ch. 18.
ARTICLE I. IN GENERAL
Sec. 2 - 1. Personnel and equipment
organizational chart adopted.
Pursuant to the charter and the ordinances of the
city, the fo llowing organizational chart is hereby
established and adopted as the personnel and
equipment organizational chart for the city:
[ Chart appears on the following page ]
1
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Boynton Beach Code
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(Code
1958,
§ 2 - 4.8; Ord. No. 83 - 21, § 1, 6 - 7 - 83; Ord. No. 84 - 1, § 1, 1 - 17 - 87; Ord. No. 88 - 10, § 1, 3 - 1 - 88; Ord. No. 89 - 9, §
1, 5 - 2 - 89; Ord. No. 01 - 08, § 1, 1 - 16 - 01; Ord. No. 03 - 004, § 1, 2 - 18 - 03)
2003 S - 20
Administration
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Sec. 2 - 1.1 . City council renamed city
commission; offices and titles of collection. The utilities director is hereby designated
mayor and vice - mayor retained. as administrator of the said department. (Code 1958,
§ 2 - 4.7.3.)
It is hereby declared by the city council of the Cross reference - Water, sewers and city utilities,
City of Boynton Beach, Florida, that henceforth the Ch. 26.
name and title of the legislative body of the City of
Boynton Beach, Florida, shall be the city commission
of the City of Boynton Beach, Florida; and further, Sec. 2 - 4. Engineering department established;
that the office of the legislative members shall be administrator.
entitled commissioner, with the retention of the
offices and additional titles of mayor and vice - ma yor. An engineering department is hereby
(Ord. No. 87 - 4, § 1, 2 - 3 - 87) established, and the city engineer is hereby designated
Editor's note - Ord. No. 87 - 4, § 1, adopted Feb. administrator of the department. (Code 1958, § 2 -
3, 1987, has been included herein as § 2 - 1.1 by the 4.7.1)
editors; further, it should be noted that § 3 of Ord.
No. 87 - 4 provides in part that the above - mentioned
changes will be i ncluded in the Charter and Code of Sec. 2 - 4.1. Information Technology Services/
Ordinances at such time as recodification is Geographic Information Services;
required. In the interim, such changes will be made functions.
in the Code as pages are necessarily updated through
the supplement service pursuant to the city's (a) A department of Information Technology
instructions. Services/Geographic Information Services is hereby
Cross refe rence - Definitions applicable to Code established.
generally, see Rules of construction, § 1 - 2.
(b) The department of Information Technology
Services/Geographic Information Services will be
Sec. 2 - 2. Public works department utilized to assist and direct in the organization and
established; divisions; development of specialized computer programming
administrator. for all departments of the city. (Ord. No. 80 - 7, §§ 1,
2, 2 - 19 - 80; Ord. No. 01 - 08, § 2, 1 - 16 - 01)
A public works department is hereby
established, and the said department shall include
divisio ns of sanitation, sign shop, shop and garage, Sec. 2 - 5. Position of prosecutor created.
and streets. The superintendent of public works is
hereby designated as administrator of the said Pursuant to the provisions of Section 23 of the
department, and he shall be assisted by the assistant charter of the city, there is hereby created the
superintendent of public works. (Code 1958, § 2 - unclassified position of city prosecutor, said position
4.7.2) to be filled by appointment by the city commission,
Cr oss references - Garbage and trash generally, with said officer to serve at the pleasure of the city
Ch. 10; streets and sidewalks generally, Ch. 22. commiss ion. Any person appointed to the position of
city prosecutor shall be duly licensed and authorized
to practice law within the State of Florida. (Code
Sec. 2 - 3. Utilities department established; 1958, § 2 - 4.4)
divisions; administrator.
A utilities department is hereby established, and
the said department shall include di visions of water
plant, sewer plant, water distribution and sewage
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Sec. 2 - 6. Duty and responsibility of (2) In which the city has an interest;
prosecutor .
The duty and responsibility of the city
prosecutor shall be to prosecute all cases for violation
of ordinances of the city, when requested to do so by
the city commission, any police official or officer or
the city manager. (Code 1958, § 2 - 4.5)
Sec. 2 - 7. Compensation of prosecutor.
Compensation for the office of city prosecutor
shall be established by resolution of the city
commission. (Code 1958, § 2 - 4.6)
Sec. 2 - 8. Legal defense and indemnification of
city officials, employees.
(a) Definitio n. The term “city officials and
employees,” as used in this section shall include the
mayor, city commissioners, all appointed officers of
the city (including members of the housing authority)
all board members, commission members or
committee members of t he city and all administrative
personnel and employees of the city.
(b) Right of representation. The city attorney's
office, insurance defense counsel, if applicable, or
other counsel appointed by the city commission shall
undertake the representation or defense without
charge of city officials and employees with respect to
any claim or cause of action arising out of or related
to the performance by said city officials or employees
of their public duties.
(c) Indemnification. City officials or
employees who are personally liable for the payment
of any claims arising out of a civil action, or
settlements, judgements, expenses, costs and awards
of attorney's fees arising therefrom shall be entitled to
indemnification from the city (except to the extent
the city's insurance coverage provides payment where
the claim resulted from activities):
(1) Which were done in good faith;
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defenses which could be asserted under Florida n
Statute 768.28 or any successor statute thereto.
(Code 1958, § 2 o - 4.11)
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Sec. 2.9. m Vice - mayor; duties and official
a designation.
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(a) i The vice - mayor shall, when the mayor is
officially absent, during vacation, on leave, or c
otherwise, act as head of the city and shall assume all i
of the duties and responsibilities of the mayor. o
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(b) s The vice - mayor shall, while acting in such
official capacity . , designate himself as vice - mayor in
any instrument which he may sign in behalf of the
(d) Reservations of rights. The undertaking of city, including checks, ordinances or other official
legal defense by the city under subsection (b) above documents.
shall automatically be under a reservation of rights (Code 1958, § 2 - 4, 2 - 2)
regarding the eligib ility of the subject claim for the
benefits provided by this section.
Sec. 2 - 10. Reserved.
(e) No waiver of defenses. Nothing in this
section shall be construed to waive any defense in Editor's note – The position of mayor pro tem,
any action which would be available in the absence previously codified as Section 2 - 10, was abolished
of this section to the city or individu al city officials pursuant to Ord. No. 096 - 09, § 1, passed April 2,
or employees, including but not limited to, those 1996.
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Sec. 2 - 11. Maintaining order, decorum at (2) The commission may, by order of the
commission meetings.
(a) No person shall willfully interrupt or disturb
the proceedings or meeting of the city commission or
any city board.
(b) Only those individuals recognized by the
presiding officer are authorized to speak to the
commission or to a city board.
(1) All other speech, remarks, or comments
are unauthorized.
(2) Unauthorized speech, remarks,
comments, stamping of feet, whistles,
yells and similar actions or
demonstrations constitute an
interruption to public meetings, and are
prohibited.
(c) All persons attending any city meeting shall
render inaudible a ny beepers, cellular telephones, or
other mechanical or electronic devices while such
meeting is in session.
(d) The presiding officer shall preserve strict
order and decorum at all meetings.
(e) The chief of police or such member or
members of the pol ice department as the chief may
designate shall be sergeant - at - arms at the regular and
special meetings of the city commission or board. The
sergeant - at - arms shall carry out orders and instructions
given by the presiding officer or by a majority of the
cit y commission or board present for the purpose of
maintaining order and decorum at the city commission
meetings.
(f) The city commission shall allow members of
the public to address the commission regarding items
not on the Commission agenda.
(1) The time for addressing the
Commission with non - agenda
comments shall be designated “Public
Audience.”
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(3) If no orders of the day are es tablished,
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(g) The city commission may allow members
of the public to address the commission on non f -
public hearing agenda items under such rules as are o
adopted from time to time by the co r mmission by
motion.
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(h) The city commission shall allow members d
of the public to address the commission on public d
hearing agenda items under such rules as it adopts r
from time to time by motion. e
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(i) Any person who causes an interruption of
the meeting s hall be warned by the presiding officer
that the conduct is interfering with the order of the
meeting and shall be given the opportunity to cease
the conduct that constitutes an interruption.
(1) If the individual fails to cease the
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(2) case the presiding officer shall fail
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(j) Any person who, at a city commission or a
board meeting, willfully interrupts or disturbs a city l
commission or board meeting in violation of F.S. § l
871.01, entitled “Disturbing Schools and Religious
2002 S - 18
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and Other Assemblies,” is subject to arrest by those
law enforcement officers present. No action by the
presiding officer is required for a law enforcement
officer to enforce F.S. § 871.01.
2002 S - 18
Admi nistration
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(k) In addition to any other remedy provided by
law, a violation of the city's decorum section may be cent of the funds actually received by the city. When
prosecuted as a municipal ordinance violation by the distribution of the said revenue sharing funds to
issuance of a notice to appear, served on the violator the city is terminated, the expenditures by the city for
as set forth in Rule 3.125, Flor ida Rules of Criminal the said ordinary and necessary maintenance and
Procedure. operating expenses for social services for the poor or
aged shall likewise terminate.
(l) All references in this section to city commis -
sion shall also mean city boards. (e) Each reference to “revenue sharing funds”
in this section is intended to refer to all federal
(m) Nothing herein shall be construed to limit revenue sharing funds received under the State and
any member of the public from expressing their Lo cal Fiscal Assistance Act of 1972 (Title I, Public
opinions outside of a public meeting or b y expressing Law 92 - 512). (Code 1958, § 2 - 62)
their opinions in written form directed to the city State law reference - Revenue sharing act, F.S. §
commission or any city board. 218.20 et seq.
(Ord. 02 - 023, § 2, 6 - 18 - 02)
Sec. 2 - 13. Operating capital improvements
Sec. 2 - 12. Disbursement of federal funds for
social services for the poor or aged.
(a) Ten (10) per cent of all federal revenu e
sharing funds under the State and Local Fiscal established; composition.
Assistance Act of 1972 (Title I, Public Law 92 - 512)
heretofore and hereafter received by the city shall be (a) An operating capital imp rovements fund is
expended for the ordinary and necessary maintenance hereby created and established for the city.
and operating, expended for social services for the
poor or aged residents of the city, upon the approval of (b) Whenever deemed feasible from time to
the city commission as hereinafter provided. time by the city commission, any portion of the
unappropriated funds at the close of each fiscal year
(b) Each application for such expenditure shall may be transferred and revert to the operating
be submitted to the community relations board for capital improvements fund.
review, study and investigation. Thereafter, the
c ommunity relations board shall furnish its written (c) All federal revenue sharing funds received
recommendation to the city commission as to such under the State and Local Fiscal Assistance Act of
application. 1972 (Title I, Public Law 92 - 512) except the ten (10)
per cent of such federal revenue sharing funds
(c) No portion of the said ten (10) per cent of allocated for ordinary and n ecessary maintenance and
the revenue sharing funds shall be disbursed by the operating expenses for social services for the poor
city for such ordinary and necessary main tenance and and aged under section 2 - 62, shall be deposited into
operating expenses for social services for the poor or the said operating capital improvements fund.
aged unless recommended by a majority of the entire
membership of the community relations board and (d) Whenever deemed feasible from time to
thereafter approved by the city commission. time by the city commission, up to t wenty (20) per
cent of all state revenue sharing grants received from
(d) The said ten (10) per cent portion of t he the State of Florida shall be deposited into the said
revenue sharing funds shall be limited to ten (10) per operating capital improvements fund.
(e) Whenever deemed feasible from time to
time by the city commission, any portion of the fun ds
2002 S - 18
Boynton Beach Code
6
remaining in the operating capital improvements fund in the community redevelopment area as
at the close of each fiscal year, excepting therefrom
all appropriated or encumbered funds, may be 1996 S - 3
transferred and revert to the general fund. (Code
1958, § 2 - 61)
Sec. 2 - 13.1. Redevelopment trust fund; powers
of
agency, redevelopment.*
(a) There is hereby established and created in
accordance with the provisions of Section 163.387,
Florida Statutes (1983), a redevelopment trust fund
(hereinafter referred to as the “trust”).
(b) The funds allocated to, and deposited into
the trust are hereby appropriated to the Boynton
Beach Community Redevelopment Agency
(hereinafter referred to as the “agency”) to finance or
refinance each community redevelopment projec t it
undertakes. The agency shall utilize the funds and
revenues paid into and earned by the trust for all and
every community redevelopment purpose as
contained in the plan for redevelopment and as
provided by law.
(c) The annual funding of the “trust” shall be in
an amount not less than that increment in the income,
proceeds, revenues, and funds of the city or county
derived from or held in connection with its
undertaking and carrying out of community
redevelopment projects therein. Said increment shall
be determined and appropriated annually, and shall
be that amount equal to ninety - five (95) per cent of
the difference between:
(1) The amount of ad valorem taxes levied
each year by each taxing authority,
exclusive of any amount from any debt
service m illage on taxable real property
contained within the geographic boundaries
of a community redevelopment area; and
(2) The amount of ad valorem taxes which
would have been produced by the rate upon
which the tax is levied each year by or for
each taxing a uthority, exclusive of any debt
service millage, upon the total of the
assessed value of the taxable real property
shown upon the most recent assessment roll used
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advances, and indebtedness, if any, and t interest
thereon, of the agency incurred as the result of a h
community redevelopment project have been paid, e
but only to the extent that the tax increment described
in subsection (c) accrues. Said taxing jurisdictions o
shall make their appropriation to the t r rust at the
beginning of their fiscal year. The trust shall receive d
the increment above described, only as, if and when i
such taxes are collected. Said taxing jurisdictions n
shall fund the trust for the duration of each project a
undertaken by the agency and a n pproved by the city.
The first appropriation shall begin with tax revenue c
received subsequent to October 1, 1984. e
f (1) The revenue bonds and notes of every issue
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(d) All relevant taxing jurisdictions' obligation
to fund the trust shall continue until all loans,
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Administration
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lien created by such bonds or notes shall
not attach until the revenues referred to community redevelopment plan, the community
herein are deposited in the trust at the redevelopment agency shall comply in all respects
times, and to the extent that, such revenues with the height limitations imposed by the zoning
accrue. The holders of such bonds or notes code of the city, and further such plan shall ensure
shall have no right to require the imposition that the quality of th e wetlands and mangroves will
of any tax or the establishment of any rate not be impaired except in conformity with the
of taxation in order to obtain the amounts comprehensive plan. (Ord. No. 83 - 41, §§ 1 — 5, 12 -
necessary to pay and retire such bonds or 20 - 83; Ord. No. 84 - 9, § 1, 2 - 21 - 84; Ord. No. 85 - 45,
notes. The trust shall receive the tax Attach. (b), 8 - 20 - 85; Ord. No. 00 - 69, § 2, 12 - 19 - 00)
increment described in sub section (c) only *Editor's note - Ord. No. 82 .13, adopted May 18,
as, if, and when such taxes are collected. 1982, named five members to the board of
commissioners of the community redevelopment
(2) Revenue bonds issued by the agency shall agency. Ordinance No. 85 - 38, § 1, adopted July 2,
not be deemed to constitute a debt, liability, 1985, increased the number of members from five to
or obligation of the city or the state or any seven, as permitted by F.S. § 163.356(2). Ord. N o.
political subdivision thereof or a pledge of 87 - 15, §§ 1 — 4, adopted July 7, 1987, repealed Ord.
the faith an d credit of the city or the state or Nos. 82 - 13 and 85 - 38 and provided that the city
any political subdivision thereof but shall commission be the board of commissioners of the
be payable solely from the revenues community redevelopment agency. Ord. No. 89 - 11, §§
provided therefor. All such revenue bonds 1 — 4, created two community redevelopment agencies
shall contain on the face thereof a statement and d escribed the jurisdiction of each, §§ 2 - 13.3 and
to the effect that the agency shall not be 2 - 13.4. Subsequently, Ord. No. 90 - 21 provided for the
obligate d to pay the same or the interest consolidation of such agencies, the city commission
thereon except from the revenues of the being the governing body thereof. See §§ 2 - 13.2 — 2 -
agency held for that purpose and that 13.4.
neither the faith and credit nor the taxing Editor's note - Ord. No. 83 - 41, enacted Dec. 2 0,
power of the city or of the state or of any 1983, as amended, did not expressly amend the Cede;
political subdivision thereof is pledged to hence, inclusion of §§ 1 — 5 as hereinabove set out in
the payment of the principal of, or the § 2 - 13.1 was at the editor's discretion.
interest on, such bonds. Cross references - Planning, Ch. 19; taxation,
Ch. 23.
(e) The agency is hereby directed to develop
and promulgate rules, regulations, and criteria
whereby the trust may be promptly and effectively Sec. 2 - 13.2. Governing body of community
administered, including the establishment and the redevel opment agency.*
maintena nce of books and records and the adoption
of procedures whereby the agency may expeditiously (a) The City Commission shall appoint in
utilize said funds for their allocated statutory accordance with the provisions of Chapter
purpose. 163.357(1)(c), Florida Statutes, the board of
commissioners as the governing body of the
(f) The community redevelopment agency community redevelopment area. The board will be
shall exercise all powers and expend all funds in composed of seven (7) members.
accordance wit h the provisions of Chapter 163, Part
III, Florida Statutes and those provided for in Article (b) The community redevelopment agency,
II of Section 1.5 of the City's Land Development shall exercise its jurisdiction in all areas of the city
Regulations, and any community redevelopment plan which the city has heretofore designated for
shall conform with the comprehensive plan of the redevelopment. The community redevelopment area
city, as amend ed. Further, in development of the is more
2001 S - 15
Boynton Beach Code
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p articularly described in Exhibit A which is attached 2002 S - 17
to Ordinance No. 00 - 59 and incorporated herein [by
reference].
(c) The City Commission shall select by
majority vote the chairman and the vice - chairman of
the board of commissioners of the community
re development agency.
(Ord. No. 90 - 21, §§ 1 — 4, 8 - 7 - 90; Ord. No. 00 - 11, §
1, 4 - 18 - 00; Ord. No. 00 - 59, § 2, 11 - 8 - 00; Ord. No.
00 - 69, § 3, 12 - 19 - 00; Ord. No. 01 - 62, § 1, 12 - 18 - 01)
*Editor's note - Ord. No. 90 - 21, §§ 1 — 4, 6, 7,
adopted Aug. 7, 1990, provided that the city
commission be the governing body of the community
redevelopment agency for the entire community
redevelopment area, set forth the scope of its powers
and duties, and provided for the consolidation of
previous actions. Such provisions have been co dified
as superseding former §§ 2 - 13.2 — 2 - 13.4, which had
delegated certain powers and duties to the
community development agency, provided for two
boards of commissioners of community
redevelopment: housing and community development
(city commission), and the central business district.
Such sections derived from Ord. No. 84 - 28, §§ 1, 2,
adopted July 3, 1984; Ord. No. 87 - 15, §§ 3, 4,
adopted July 7, 1987; and Ord. No. 89 - 11, §§ 1 — 4,
adopted Aug. 1, 1989. Further, § 5 of Ord. No. 90 - 21
vacated all appointment s to the community
redevelopment agency for the control business
district and discharged the members of such board
from their duties and responsibilities. See also the
editor's footnote to § 2 - 13.1.
Sec. 2 - 13.3. Powers and duties of agency
generally.
The community redevelopment agency shall
have all powers provided for or authorized by general
or special laws of the state as amended from time to
time, including but not limited to the specific powers
delineated in F.S. § 163.370.
(Ord. No. 90 - 21, § 6, 8 - 7 - 90)
Note - See the editor's footnote to § 2 - 13.2.
Sec. 2 - 13.4. Consolidation of previous agencies; Note - See the editor's footnote to § 2 - 13.2.
survival of actions.
All powers, duties, and responsibilities of the
community redevelopment agency for the central
business distric t shall survive and be deemed merged
and consolidated with the powers, duties and
responsibilities of the community redevelopment
agency for housing and community improvement. All
previous actions of the community redevelopment
agency for the central busin ess district shall survive
this consolidation unless specifically revoked by the
community redevelopment agency.
(Ord. No. 90 - 21, § 7, 8 - 7 - 90)
Administration
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Sec. 2 - 14. Salary incentive prog ram for law
enforcement officers.
The city hereby adopts the salary incentive
program for its law enforcement officers provided by
Florida Statutes, Section 943.22.
(Code 1958, § 2 - 4.9)
Sec. 2 - 15. Per diem and travel expense
schedule.
(a) Defi nitions. The following words shall have
the meaning indicated:
1997 S - 6
(1) Officer or public officer: A member of the
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Boynton Beach Code
10
(10) Class B travel: Continuous travel of less 2000 S - 13
than twenty - four (24) hours which involves
overnight absence from official
headquarters.
(11) Class C travel: Travel for short or day trips
where the traveler is not away from his
official headquarters overnight.
(b) City to incur traveling expenses.
(1) All travel, except that of a member of the
city council, must be authorized and
approved by the city manager prior t o the
time of travel. Such requests should not be
authorized unless it is accompanied, prior
to the time of travel, by a signed statement
by the traveler's supervisor stating that such
travel is on the official business of the city
and also stating the pur pose of such travel.
(2) Traveling expenses of travelers shall be
limited to those expenses necessarily
incurred by them in the performance of a
public purpose authorized by law to be
performed for the city and must be within
the limitations prescribed by this section.
(3) Travel by public officers or employees
serving temporarily in behalf of another
agency or partly in behalf of more than one
agency at the same time, or authorized
persons who are called upon to contribute
time and services as consultant s or
advisors, may be authorized by the city.
Complete explanation and justification
must be shown on the travel expense
voucher or attached thereto.
(4) Traveling expenses of public employees for
the sole purpose of taking merit system or
job placement e xaminations, written or
oral, shall not be allowed under any
circumstances, except that upon prior
written approval of the city manager,
candidates for executive or professional
positions with the city may be allowed
traveling expenses as authorized by the city
manager and available in the budget.
(c) Official headquarters. The official
headquarters of an officer or employee assigned to an
office shall be the City of Boynton Beach.
(d) Computation of travel time for
reimbursement. For purpose s of reimbursement and
methods of calculating fractional days of travel, the
following principles are prescribed:
(
1
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Adminis tration
11
(e) Rates of per diem and subsistence reimbursed only for t he actual expenses of
allowance. For purposes of reimbursement rates and lodging or meals, not to exceed the
methods of calculation, per diem and subsistence maximum provided for in this subsection.
allowances are divided into the following groups, and
maximum rates to be determined by the city: (4) Meals only. All travelers may be allowed
an amount for meals, while on official
(1 ) All travelers may be allowed for business, up to the following amounts:
subsistence when traveling to a convention,
conference, or training course, or when a. Breakfast, five dollars ($ 5.00).
traveling outside the state in order to b. Lunch, eight dollars ($8.00).
conduct bona fide city business, which c. Dinner, fifteen dollars ($15.00).
convention, conference, or business serves d. Total for twenty - four hour period,
a direct and la wful public purpose with twenty - eight dollars ($28.00).
relation to the city, in either of the e. Additional amounts where special
following: circumstances are appropriate as
approved by the city manager.
a. Up to fifty dollars ($50.00) per diem
for travel in Florida. (f) T ransportation.
b. Up to the amounts permitted in
paragraph (4) below of this subsection (1) All travel must be by a usually traveled
for meals, plus actual expenses for route. In case a person travels by an
lod ging at a single occupancy rate to
be substantiated by paid bills therefor. 2000 S - 13
(2) All other travelers may be allowed same as
subsection (1) hereof.
(3) When lodging or meals are provided at a
state institution, the traveler shall be
indirect route for his own convenience any extra
costs shall be borne by the traveler and
reimbursement for expenses shall be based only on
suc h charges as would have been incurred by a
usually traveled route. The most economical method
of travel for each trip shall be determined, keeping in
mind the following conditions:
a. The nature of the business.
b
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Boynton Beach Code
12
are used on public business and point of origin to point of destination
reimbursement is made pursuant to and when possible shall be computed
this paragraph, except as provided for on the basis of the current map of the
in paragraph (7) of this subsection. State of Florida Department of
b. All mileage shall be shown from Transportation. Vicinity mileage
necessary for the conduct of official aircraft is also entitled to t ransportation expense for
business is allowable, but must be the same flight under this subsection.
shown as a separate item on the
expense voucher. (g) Other expenses. The following incidental
traveling expenses of the traveler may be reimbursed:
(4) Transportation by chartered vehicles when
traveling on official business may be (1) Taxi fare.
authorized by the city manager when
necessary or where it is to the advantage of (2) Ferry fares; and bridge, road and tunnel tolls.
the city, provided the cost of such
transportation does not exceed the cost of (3) Storage or pa rking fees.
transportation by privately owned vehicle
pursuant to paragraph (3) of this subsection. (4) Communication expense.
(5) The city may grant monthly allowances in
fixed amou nts for use of privately owned
automobiles on official business in lieu of
the mileage rate provided for in paragraph
(3) of this subsection. Allowances granted
pursuant to this paragraph shall be
reasonable and budgeted, taking into
account the customary use of the
automobile, the roads customarily traveled,
and whether any of the expenses incident to
the operation, maintenance, and ownership
of the automobile are paid from funds of
the city or other public funds. Such
allowance may be changed at any time.
(6) No traveler shall be allowed either mileage
or transportation expense when he is
gratuitously transported by another person
or when he is transported by another
traveler who is entitled to mileage or
transportation expense. However, a traveler
on a p rivate aircraft shall be reimbursed the
actual amount charged and paid for his fare
for such transportation up to the cost of a
commercial airline ticket for the same
flight, even though the owner or pilot of
such
2000 S - 13
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(h) Advancements. e Notwithstanding any of the
foregoi ng restrictions and limitations, the city d
manager may make, or authorize the making of,
advances to cover anticipated costs of travel to
travelers. Such advancements include the costs of (i) Payment directly to
subsistence and travel of any person transported in vendor and lodging. When approved by the city
the care or custo dy of the traveler in the performance manager, such employee may reques t the city to pay
of his duties. Final report and reimbursement, if any, his expenses for meals and lodging directly to the
shall be made within five (5) days of return from vendor and lodging during the travel period, limited
travel. to an amount in accordance with this schedule.
Administration
13
(j) State law adopted. Except where directly city board may serve in the capacity of its
inconsistent with the foregoing provisions, Section Chairperson, Vice Chair, Chair Pro - Tem, or hold any
112.061 of the Florida Statutes (1983 Supp.) is other office on said board.
hereby adopted. (Ord. No. 84 - 13, § 1, 3 - 6 - 84; Ord.
No. 85 - 45, Attach. (b), 8 - 20 - 85; Ord. No. 90 - 32, §§
1, 2, 9 - 5 - 90; Ord. No. 97 - 33, § 1, 7 - 15 - 97; Ord. No.
00 - 17, § 1, 6 - 6 - 0 0)
Editor's note - Ord. No. 84 - 13, adopted March 6, 2003 S - 20
1984, did not expressly amend the Code; hence,
inclusion of § 1 as § 2 - 15 was at the discretion of the
editor.
Sec. 2 - 16. City boards and commissions;
minimum qualifications for
appointment, member ship.
(a) In order to qualify for appointment to and
to serve as a member of any board or committee of
the city, an individual must be an elector of Palm
Beach County, Florida.
(b) In selecting individuals to serve on boards
and committees of the city, preference shall be given
to individuals who are residents of the City of
Boynton Beach, provided however, that non - residents
who own and operate businesses located within the
city may also qualify for appointment provided they
possess qualifications or e xperience uniquely suited
to deal with the subject matter over which the board
or committee has subject matter review or power.
(c) No currently serving member of any board
or committee shall be disqualified for falling to meet
the minimum qualifications set forth in this section.
However, at the expiration of the term of each current
board of committee member, the vacancy created by
that expiring term shall be filled with an individual
qualified in accordance with the provisions of this
section.
(d) No twithstanding any other provision of city
code or procedural rule, no alternate member of any
(e) No alternate membe r may be moved to a City Clerk shall review all applications for
regular member of the Board unless appointed by the completeness prior to submitting them to the City
City Commission. Commissioners for consideration.
(f) When a member of any Board, with the (1) Prior to appointment, a City
exception of those Boards that have regularly Commissioner may request written confi rmation of
scheduled meetings more than once a month, has the qualifications listed by any applicant for
missed three regular monthly me etings for any reason appointment. When a request for confirmation of the
within one annual board term, that member will be qualifications is made by a City Commissioner prior
notified that one additional absence will cause his/her to appointment, the appointment shall be delayed
Board membership to be terminated and a until the information requested is submitted and made
replacement will be appointed at the time of the next available to the members of the City Commission. No
absence. Those boards that have r egularly scheduled person shall be appointed to a City Board when that
meetings more than once a month shall be permitted person is unable to substantiate the qualifications
to have six absences during any one annual board listed on their application.
term. The seventh absence shall result in removal
from the board. (2) A member of the City Commission
may request written con firmation of qualifications of
(g) No person shall be appointed to a City a person who has been appointed by the Commission
Board without the person f irst submitting an to a City Board. A request for confirmation shall be
application for appointment. No application for made by the City Commissioner to the City Clerk.
appointment shall be considered by the City The City Clerk shall make written request to the
Commission until the application form has been fully Board member. A copy of the Clerk’s written request
completed and signed by the applicant. All shall be provided to all members of the City
applications for appointment to a City Board shal l be Commission.
on a form authorized by the City Commission. The
Boynton Beach Code
14
(3) Except as otherwise provided by law, a
Board member who does not submit documentation 2003 S - 20
of the qualifications listed on the Board memb er’s
application for appointment within thirty (30) days of
receipt of the Clerk’s written request, or who submits
documentation which contradicts, negates, or fails to
substantiate the information listed on the Board
member’s application shall automatical ly be removed
from their Board position.
(4) A person who is removed from a City
Board pursuant to the procedures set forth in this
section shall not be subject to reappointment to any
City Board for a period of thirty - six (36) months.
(Ord. No. 90 - 11, §§ 1 — 3, 6 - 19 - 90; Ord. No. 98 - 48, §
1, 12 - 15 - 98; Ord. No. 99 - 03, § 1, 1 - 19 - 99; Ord. No.
01 - 60, § 1, 12 - 18 - 01; Ord. No. 03 - 024, § 2, 6 - 17 - 03)
Editor's note - Ord. No. 90 - 11, §§ 1 — 3, adopted
June 19, 1990, did not specifically amend the Code,
but has been incl uded as § 2 - 16 by the editor.
Cross references - Procedures for boards, com -
missions, etc., with independent purchasing
authority, § 2 - 61; code compliance board, § 2 - 72 et
seq.; building board of adjustment and appeals, §
5.153 et seq.; cemetery, board of g overnors, § 6 - 4 et
seq.; library board, § 12 - 1 et seq.; parks and
recreation board, § 16 - 1 et seq.; planning and zoning
board, § 19 - 1 et seq.; community appearance board,
§ 19 - 38 et seq.; technical review board, § 19 - 63 et
seq.
Sec. 2 - 17. City boards , appointment of
alternate members.
All boards of the city with seven (7) or more
members, shall have a minimum of two (2) alternate
members, to be appointed by the city commission.
All boards of the city with less than seven (7)
members, shall have a minimum of one (1) alternate
member, to be appointed by the city commission. The
alternate members shall hold the same general
qualifications as regular members to be eligible for
appointment. The term of alternate members, if not
otherwise provided, shal l be for one (1) year and such
appointees may be reappointed. (Ord. No. 92 - 55, § 1,
11 - 17 - 92)
Editor's note - Ord. No. 92 - 55, § 1, adopted Nov. Sec. 2 - 1 9. Drug free work place.
17, 1992, enacted provisions pertaining to
appointment of alternate members to city boards. (a) Policy statement. The City of Boynton
Such p rovisions have been designated by the editor Beach is committed to provide a safe work
as § 2 - 17. environment for its employees, our community and
society. Substance abuse is a national problem which
impairs the health and safety of employees , promotes
Sec. 2 - 18. Payment of moneys to city; crime and harms our community. The city is
overdraft service fee. addressing this problem by instituting a drug free
workplace program.
There is hereby established a service fee of
twenty dollars ($20.00) or five (5) percent of the face Substance abuse is a complex, yet treatable
amount of any check, draft, or order, whichever is disease. The ultimate goal of this policy is to balance
greater, for the collection of a dishonored check, the respect for individual p rivacy with the need to
draft, or other order for the payment of money to the keep a safe, productive drug free environment. The
city or any department thereof. The service fee shall intention is to prevent and treat substance abuse. The
be in addition to all other penalties imposed by law. city would like to encourage those who use drugs or
(Ord. No. 91 - 38, § 1, 6 - 18 - 91; Ord. No. 93 - 35, § 1, 9 - abuse alcohol to seek help in overcoming their
21 - 93) problem. The city will a ttempt to assist an employee
Editor's note - Ord. No. 91 - 38, § 1, adopted June in obtaining treatment prior to taking disciplinary
18, 1991, enacted provisions concerning a service fee action when such treatment is associated with a first
for dishonored checks, etc., to the city, such pro -
visions have been designated as § 2 - 18 by the editor.
Administration
14A
occurrence of substance abuse. The city considers his/her system, in possession of, using, selling,
substance abuse to be an unsafe and trading or offering for sale illegal drugs or alcohol
cou nterproductive work practice. during working hours, may be subject to disciplinary
action up to and in cluding termination. (City
The city's policy is in accordance with the sponsored activities which may include the service of
Florida Drug Free Workplace Program as provided in alcoholic beverages are not included in this
Section 440.102, Florida Statutes and Chapter 38F - 9., provision).
Florida Administrative Code. It is the intent of the
city to adopt the poli cies and standards set forth in An employee reporting for work visibly
Chapter 38F - 9. To the extent of any conflict between impaired shall be considered unable to properly
the standards established by this policy and the perform required duties and w ill not be allowed to
standards set forth in Chapter 38F - 9 F.A.C., as work. If possible, the supervisor should first seek
amended from time to time, the standards set forth in another supervisor's opinion of the employee's
Chapter 38F - 9 shall prevail. Policies and standards condition. Then the supervisor together with a
contained herein and not addressed in Chapter 38F - 9 representative from the personnel department should
F.A.C. shall control. consult privately with the employee to rule out any
problem(s) that may have been caused by prescription
To ensure a work place free from the influence drugs.
of illegal drugs and alcohol abuse the following
policy has been established. When an off - duty employee is called back to
work and that employee has consumed alcoholic
It is the policy of t he city that an employee beverages, that employee shall disclose such use and
found with the presence of alcohol or illegal drugs in decline callback. An employee shall not be
disciplined for refusing to respond to callback when not pass an alcohol blood level test. Employees who
such employee has reasonable belief that he or she are on standby may be subject to callback [and]
could should not engage in so cial drinking and may not
decline callback without being subject to discipline.
If, in the opinion of the supervisor and a
representative of the city manager's office or the
2003 S - 20 personnel director or his or her department
representative the employee is consi dered impaired,
the employee should be sent home, after drug testing
by a medical facility, by taxi or other safe
transportation alternative, depending on the
determination of the observed impairment,
accompanied by the supervisor or another employee,
if n ecessary. An impaired employee should not be
allowed to drive. The prescribed test direction form
shall be completed by the supervisor.
Prescription drugs prescribed by the employee's
physician may be taken during working hours. The
employee shall not ify the supervisor if the use of
properly prescribed drugs will affect the employee's
work performance. Abuse of prescription drugs will
not be tolerated.
It is the responsibility of the city's supervisors to
counsel with an employee whenever they see ch anges
in performance that suggest an employee problem.
The supervisor may suggest that the employee
voluntarily seek help from the employee assistance
program or decide that the severity of the observed
problem is such that a formal referral to the EAP
sho uld be made.
(b) Definitions. [For the purposes of this
section, the following words and terms shall have the
meaning ascribed thereto:]
Boynton Beach Code
14B
Administration
15
(1) Alcohol: Means ethyl alcohol (ethanol) and employees and job applicants for the
includes distill ed spirits, wine, malt
beverages and intoxicating liquors.
(2) Alcohol abuse: An employee shall be
determined to be under the influence of
alcohol if the employee's normal faculties
are impaired due to the consumption of
alcohol or the employee blood alc ohol level
is 0.05 g/dl% or higher.
(3) Illegal drugs: Means any drug(s) which is
not legally obtainable, which may be
legally obtainable but has not been legally
obtained or which is being used in a manner
or for a purpose other than as prescribed.
(4 ) Drugs: Means alcohol, amphetamines,
cannabinoids, cocaine, phencyclidine
(PCP), hallucinogens, synthetic narcotics,
designer drugs, or a metabolite of any of
the substances listed above.
(5) Legal drug: Means prescribed drugs and
over the counter drugs which have been
legally obtained and are being used solely
for the purpose for which they were
prescribed or manufactured.
(6) Job applicant: Means a person who has
applied for a position with the city and has
been offered employment conditioned upon
su ccessfully passing a drug test.
(7) Employee: Means an individual who works
for the city for compensation and is covered
by the Workers Compensation Act.
(8) Drug testing: Means any chemical,
biological or physical instrumental analysis
for the purpose of determining the presence
of an illegal drug or its metabolites,
including alcohol.
Drug testing may require the collection
of blood, urine, breath, saliva or hair of an
employee or job applicant.
(9) Initial drug test: Means a screening
procedure o f the blood and urine of
c
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c Alcohol
e Amphetamines
e Cannabinoids
d Cocaine
i Phencyclidine
n Methaqualone
g Opiates
Barbiturates
t Benzodiazepines
h Synthe tic narcotics:
e
f
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(10) l Confirmation test: Means a second test of
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:
Alcohol 0.05 g/dl%
Amphetamines 500 NG/ML
Cannabinoids 15 NG/ML
Cocaine 150 NG/ML
Phencyclidine 25 NG/ML
Methaqualone 150 NG/ML
Opiates 300 N G/ML
Barbiturates 150 NG/ML
Benzodiazepines 150 NG/ML
Synthetic narcotics:
Methadone 150 NG/ML
Propoxyphene 150 NG/ML
(11) Drug testing methodology: Specimens for
d
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Boynton Beach Code
16
related to the employee's working
(12) Positive confirmed test or confirmation conditions.
test: Means a second procedure which c. A report of drug use, provided by
confirms a positive result from an initial a
drug test.
(13) Medical review officer (MRO): Means a
licensed physician with knowledge of
prescription drugs, pharmacology and
toxicology of drugs, who may be
responsible for receiving and reviewing all
positive confirmed test results and who may
be responsible for contacting all individuals
who test positive in a confirmation test to
inquire about possible medications which
could have caused a positive result. The
MRO need not be an employee of the city.
(14) Prescription or nonprescription
medication: Means a drug or medication
obtained pursuant to a prescription as
defined by Section 893.02, Florida Statutes,
or a medication that is authorized pursuant
to a federal or state law for general
distribution and use without a prescription
in the treatment of human diseases,
ailments or injuries.
(15) Reasonable suspicion drug testing: Means
drug testing based on a belief that an
employee is using or has used drugs in
violation of this policy drawn from specific
objective a nd documented facts and
reasonable inferences drawn from those
facts in light of experience. Among other
things, such facts and inferences may be
based upon:
a. Observable phenomena while at
work, such as direct observation of
drug use or of the physical symptoms
or manifestations of being under the
influence of a drug.
b. Abnormal conduct or erratic
behavior while at work or a significant
deterioration of work performance,
either or both of which are recognized
symptoms of alcohol or drug abuse
and whic h are not adequately
explained by the employee or are not
reliable and credible source, which has
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Administration
17
(4) Confidentiality. Confidentiality of records
e. Post accident or injury: concerning drug testing will be maintained
Employees who are involved in a job except to the extent necessary to comply
related accident or incident, and whose with this policy and applicable public
impairment appears to be contributory, records law. All information, reports,
which results or might have resulted in memos and drug test reports, written or
bodily injury or property loss or otherwise, received by the city through the
damage. drug testing program will be kept
f. The personnel department shall confidential to the extent provided by law.
establish forms to facilitate record The city, employee assis tance program,
keeping and reporting. The forms laboratories, drug and alcohol rehabilitation
attached as Attachments 1 through 5 programs who receive or have access to
shall be used initially but may be information concerning drug test results
amended from time to time by the
personnel department without further
commission action.
[See the editor's note following this
section.]
(2) Consequences of refusing a drug test.
a. An employee who refuses to
submit to a drug test will be subject to
discipline, up to and including
termination. An employee who refuses
to submit to a drug test also will forfeit
his eligibility for all worker's
compensation medical and indemnity
benefits.
b. A job applicant who refuses to
submit to a drug test will not be hired.
(3) Actions following a positive confirmed test.
The city may institute disciplinary action,
up to and including termination, for any
employee who has a positive, confirmed
drug test.
shall keep all information confidential. No
s
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(5) Reporting of use of medicatio n. Employees
a
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]
(
6
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(
7
)
M
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Other resources available are:
1 800 - 356 - 9996 AL - ANON
1 800 - 527 - 5344 AMERICAN COUNCIL OF
ALCOHOLISM HELPLINE
1 800 - COCAINE COCAINE HOTLINE
Boynto n Beach Code
18
1 800 - NCA - CALL NATIONAL COUNCIL ON methodone and propoxyphene
ALCOHOLISM l. A metabolite of any substance listed
1800 - 662 - HELP NATIONAL INSTITUTE ON herein
DRUG ABUSE (A list of drugs by brand names or common
1 800 - 843 - 4971 NATIONAL INSTITUTE ON names is attached.)
DRUG ABUSE HOTLINE
(10) Challenge of test results.
(9) Drugs to be tested. Drugs that will be tested
are as follows: a. An employee o r a job applicant
who receives a positive confirmed test
a. Alcohol, includi ng distilled spirits, result may contest or explain the result
wine, malt beverages and intoxicating in writing within five (5) days of
liquors receipt of notification of a positive
b. Amphetamines confirmed test result.
c. Cannabinoids b. If the explanation or challenge of
d. Cocaine the employee or job app licant is
e. Phencyclidine (PCP) unsatisfactory to the city, the city
f. Hallucinogens, provided the only within fifteen (15) days of receipt will
hallucinogen to be tested for is provide a written explanation as to why
phencyclidine (PCP) the employee or job applicant's
g. Methaqualone explanation is unsatisfactory, and a
h. Opiates copy of the report of positive
i. Bar biturates confirmed test results.
j. Benzodiazepines c. An employee may further
k. Synthetic narcotics, but limited to challenge the results of the test in a
court of competent jurisdiction or, if the drug
f
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(11) Right under collective bargaining t
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(d) Policy requirements.
(1) Conditions of pre - employment. The city
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Administration
19
e. The city will not discriminate a. Reasonable suspicion: All
against applicants for employmen t employees who are determined to be
because of the past abuse of drugs or under reasonable suspicion of d rug or
alcohol. It is the current abuse of drugs alcohol use (as defined herein), are
or alcohol that the city will not required to take a drug and alcohol test.
tolerate. b. Fitness for duty: All employees
who are subject to routine fitness for
(2) Current employee drug and alcohol abuse duty medical examinations are required
screening. The city will maintain screening to take a drug and alcohol test as part
practices to identify employees who use of their medical examination.
i llegal drug(s) or abuse alcohol. It shall be a c. Follow - up: All employees who
condition of continued employment for all have been referred to an employee
employees to submit to drug screening assistance program or rehabilitation
under the following conditions: program by the city for drug and/or
alcohol abuse are required to take drug
and alcohol tests on a quarterly, semi -
annual or annual basis for two (2)
years after return to work.
d. Post accident or injury:
Employees who are involved in a job
related accident or incident, and whose
impairment appears to be contributory,
which results or might have resulted in
bodily injury or property loss o r
damage.
(3) Employee assistance program. The city
maintains an employee assistance program
(EAP) which provides help to employees
and their families who suffer from alcohol
or drug abuse. (Refer to EAP policy)
It is the responsibility of each
employe e to seek assistance before drugs
and alcohol lead to disciplinary problems.
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Boynton Beach Code
20
e. An individual's participation in the or nonprescription medication which
program will not be made part of any may affect job performance.
personnel records, and will remain
confide ntial except to the extent
necessary to comply with this policy.
Medical and insurance records, if any,
will be preserved in the same
confidential manner as all other
medical records and be retained in a
separate file as provided by law.
(4) Management's responsibility. Supervisors
are responsible for implementing the drug
and alcohol free workplace policy. It is the
responsibility of the supervisors to observe
the behavior of employees on the job as a
precaution against unstable or unreliable
behavior whi ch could threaten the safety
and well being of employees and the
community.
a. Supervisors are responsible for
maintaining a safe work environment
by determining employees fitness for
duty.
b. In the event a supervisor with the
concurrence of a represen tative of the
city manager's office or the personnel
director or his/her department
representative, has a reasonable
suspicion that an employee may be
affected by drugs or alcohol, the
employee must be sent for drug
testing. A form for reporting the
reason (s) for drug testing is attached.
[See the editors note following this
section.]
c. In all cases when an employee is
being removed from duty for drug
testing, the supervisor should notify
his superior at the earliest possible
time.
(5) Employees responsi bility.
a. It is each employee's
responsibility to be fit for duty when
reporting for work and to inform his
supervisor if he is under prescription
b
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(6) Medical review officer's responsibilities. j
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Administration
2 1
List of Drugs by Trade or Common Names Librium, Xanax, Serax,
Tranxene, Paxipam, Restoril
Drugs Trade or Common Name Methaqualone Quaalude
Glutethimide Doride n
Opium Dover's powder, Paregoric, Other depressants Equanil, Miltown, Noludar,
Parepectolin Placidyl, Valmid
Morphine Morphine, pectoral syrup
Codeine Tylenol with codeine, Stimulants
empirin compound with Cocaine Coke, flake, snow, crack
codeine Amphetamines Biphetamine, Delcobese,
Robitussin A - C Desoxyn, Dexedrene,
Heroin Dia cetylmorphine, horse, Metiatric
smack Phenmetrazine Preludin
Hydromorphine Dilaudid Methylphenidate Ritalin
Meperidine Demerol, Mepergan
(pethidine) Other stimulants Adipex, Bacarate, Cylert,
Methadone Dolophine, Methadone, Didrex, Ionamin, Plegine,
Methadose Presate, Sanorex, Tenuate,
Other narcotics Laam, Leritine, Numorphan, Tepanil, Voranil
Percodan, Tussionex,
Fentanyl, Darvon, Talwin,
Lomotil
Depressants
Chlor al hydrate Noctec, Somnos
Barbiturates Phenobarbital, Tuinal,
Amytal Nembutal, Seconal,
Lotusate
Benzodiazepines Atavan, Azene, Clonopin,
Dalmane, Diazepam,
Drugs Trade or Common Name
Hallucinogens
LSD Acid, microdot
Mescaline and
peyote Mesc, buttons, cactus
Amphetamine
variants 2, 5 - DMA, PMA, STP, MDA,
M
D
M
A
T
M
A
,
D
O
M
,
D
O
Tetrahydrocannabinol B THC
Phencyclidine PCP, angel dust, hog Hashish Hash
Phencyclidine Hashish oil Hash oil
analogs PCE, PCPy, TCP
Other hallucinogens Bufotenine, Ibogaine, DMT, Over the Counter and Prescription Drugs
Which Could Alter or Affect D
the Outcome of a Drug Test E
T
Alcohol ,
P
s
i
l
o
c
y
n
Cannabis Trade or Common Name
Marijuana Pot, acapulco gold, grass,
r
e
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s
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(
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)
.
P
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a
d
N
y
q
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s
2
5
%
(
5
0
p
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f
)
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,
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s
2
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h
Amphetamines i
s
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5
%
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5
5
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Cocaine
Cannabinoids
Cocaine HCI topical solution
Marinol (dronabinol, THC)
Boynton Beach Code
22
Phencyclidine Ordinance No. 92 - 51.
Not legal by prescription
Methaqualone
Not legal by prescription
Opiates
Paregoric, Parepectolin, Donnagel, PG,
morphine, Tylenol with codeine, Empirin with
codeine, APAP with codeine, aspirin with
codeine, Robitussin A - C, Guiatuss AC,
Novahistine DH, Novahistine Expectorant,
Dilaudid (hydromorphine), — S Contin and
Roxanol (morphine sulfate), Percodan, Vicidin
Barbiturates
Phenobarbital, Thinal, Amytal, Nembutal,
Seconal, Lotusate, Fiorinal, Fioricet, Esgic,
Butisol, Metbaril, Butabarital, Butabital,
Phrenilin, Triad
Benzodiazephines
Atavan, Azene, Clonopin, Dalmane, Diazepan,
Librium, Xanax, Serax, Tranxene, Valium,
Verstan, Halcion, Paxipam, Restorial, Centrax
Methadone
Dolophine, Methadose
Proproxyphene
Darvocet, Darvon N, Dolene
(Ord. No. 92 - 51, § 2, 10 - 20 - 92; Ord. No. 93 - 09, § 2,
5 - 18 - 93)
Editor's note - It should be noted that the
reporting forms refe renced in § 2 - 19 are not set out
at length in this Code, but are on file and available
for inspection in the office of the city clerk. Such
forms are designated as attachments 1 — 5 to
Sec. 2 - 20. Quasi - judicial proceedings before
ci ty commission or city board;
procedure for reconsideration of
decision.
(a) For the purpose of this section the term
“quasi - judicial proceeding” shall mean hearings
before the City Commission or Planning
Development Board, and limited to the follow ing
specific types of proceedings:
(1) Variances;
(2) Rezonings;
(
3
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(b) The City Commission may reconsider its t
decision arising from a quasi e - judicial proceeding only
upon a motion to reconsider made at the meeting at
which the decision was rendered or upon written p
request of the mayor, the vice l - mayor, or any single
comm issioner filed with the City Clerk provided such a
written request is made no later than 12:00 noon on n
the third day following the Commission's decision of
the quasi - judicial proceeding. No quasi a - judicial
decision shall be considered final until the expirat p ion
of the three (3) day time period without a motion to p
reconsider being made and the entry of a written r
order approved by the City Attorney and signed by o
the City Clerk. In the event a request for v
reconsideration is made pursuant to this subsection a
the applicant or affected party shall be notified in by facsimile, or overnight delivery service.
writing and such notice shall be hand delivered, sent
2001 S - 16
Administration
23
(c) When a motion for reconsideration is made 2001 S - 16
and approved at the Commis sion meeting at which
the decision was rendered, the Commission may
immediately reconsider the matter before them or, the
Commission may reconsider the matter at a later time
certain which shall be announced, at the meeting, to
the applicant and the public . No additional notice of
the matter shall be necessary.
When a motion for reconsideration is made
following the close of the Commission meeting at
which the decision is made, only the motion to
reconsider shall be heard at the next regular City
Commissi on meeting. If the motion to reconsider is
adopted by the Commission, the matter which is the
subject of the motion to reconsider shall be placed on
the next regular City Commission meeting agenda.
The agenda item shall be noticed in the same manner
as th e notice provided when the item was originally
considered.
(d) Any board may reconsider its decision
arising from a quasi - judicial proceeding only upon a
motion to reconsider at the meeting at which the
decision was rendered.
(e) Reserved.
(f) To the extent of any conflict between the
procedures set forth herein and Robert's Rules of
Procedure , the procedure set forth herein shall
prevail.
(Ord. No. 93 - 20, §§ 1 — 6, 8 - 3 - 93; Ord. No. 94 - 02, §§
1 — 3, 2 - 1 - 94; Ord. No. 97 - 32, § 1, 8 - 5 - 97; Ord. No.
01 - 23, § 1 , 6 - 5 - 01)
Editor's note - Ord. No. 93 - 20, §§ 1 — 6, adopted Aug.
3, 1993, did not specify manner of codification; hence, the
provisions have been designated by the editor as § 2 - 20.
Secs. 2 - 21 — 2 - 24. Reserved.
ARTICLE II. CITY MANAGER
Sec. 2 - 25. Appointm ent; qualifications.
Pursuant to the provisions of section 49 of the
city charter, the city commission shall by resolution
appoint a city manager for an indefinite term. The manager in connection with the exercis e and
manager shall be appointed solely on the basis of his execution of the duties of said office.
executive and administrative qualifications. He need (Code 1958, § 2 - 27)
not be a resident of the city or state at the time of his
appointment but may reside outside the city while in
office only with the approval of the commission. Sec. 2 - 28. Appointment; removal.
(Code 1958, § 2 - 21)
The appointment and removal of the City
Manager shall be by four - fifths vote of the City
Sec. 2 - 26. Compensation. Commission.
(Ord. No. 95 - 21, § 2, 6 - 20 - 95)
The city manager shall receive such Editor's note - Ord. N o. 89 - 28, § 1, adopted Sept. 19,
1989, repealed previous § 2 - 28, removal or suspension of
compensation for his services and allowances as may
the manager, derived from the 1958 Code, § 2 - 24; Ord.
be fixed by the city commission by resolution.
No. 78 - 33, § 1, adopted Aug. 15, 1978; and Ord. No. 79 - 1,
(Code 1958, § 2 - 23)
§ 1, adopted Jan. 16, 1979.
Sec. 2 - 27. Bond.
Sec. 2 - 29. Attendance a t council meetings.
Upon appointment of an individual to the office
The city manager shall have the right to take part
of city manager and during his tenure of office, the
in the discussions on all matters coming before the
city shall, at its expense, procure and maintain a
commission relative to administrative functions of the
proper fidelity and indemnity bond in the minimum
municipality but shall have no vote therein. (Code
amount of ten thousand dollars ($10,000.00) covering
1958, § 2 - 25; Ord. No. 89 - 28, § 2, 9 - 19 - 89)
any person so appointed to the said office of city
Boynton Beach Code
24
Sec. 2 - 30. Powers and duties generally. 2001 S - 16
The city manager shall be the chief
administrative officer of the city and be responsible to
the commission for the administration of all city
affairs placed in his c harge under the city charter,
Code of Ordinances or assigned to him by the city
commission. He shall have the power and duty to:
(a) Appoint, and when necessary for the good
of the city, suspend or remove all
employees and appointive administrative
office rs of the city, except the city attorney,
or as otherwise provided by law, subject to
the provisions of the municipal civil service
merit system. Further, he may authorize any
administrative officer who is subject to his
direction and supervision to exerci se these
powers with respect to subordinates in that
officer's department, office or agency.
(b) Recommend, in his discretion, to the
commission the creation of the position of
assistant city manager or designate with the
commission's consent an employee of the
city to act in this capacity.
(c) Direct and supervise the administration of
all departments, officers and agencies of the
city, except as otherwise provided by the
charter or by law.
(d) See that all ordinances, provisions of the
charter and acts of the commission, subject
to enforcement by him or by officers
subject to his direction and supervision, are
faithfully executed.
(e) Prepare and submit the annual budget and
capital program to the commission and be
responsible for its administration af ter
adoption.
(f) Prepare and submit to the commission and
make available to the public a complete
report on the finances and administrative
activities of the city as of the end of each
fiscal year.
(g) Make such other reports as the commiss ion
m
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budget summary sheet submitted by each Department i
in its annual proposed budget: t
y
“Notwithstanding the positions listed above, staffing
may be modified during the fiscal year c if:
o
a. m Approved by the City Manager; and
m
b. i The total appropriation for salaried
positions is not exceeded.” s
s
3. i The City Manager shall report any and all
modification or staffing changes to the City o
Commission by Memorandum prior to n
implementation o . f the modification.
(Code 1958, § 2 - 26) (Ord. No. 99 - 19, § 1, 7 - 6 - 99)
(j) Department Heads may seek approval of
the City Manager, to ad d or modify positions under
the following conditions: Sec. 2 - 31. Temporary absence or disability.
1. During each fiscal year department heads (a) When the city manager shall be out of the
may request the City Manager to add or modify city for more than forty - eight (48) hours (not
staffing positions within the department, provided the including Saturday, Sunday and holidays), he shall
total salary for the department appropriated by the inform the
Cit y Commission does not increase;
2. The following notation shall be made on the
Administration
24A
city commission of his proposed absence and will commission approval, shall designate an acting city
indicate to the city commission who will be manager to temporarily carry out the necessary duties
administratively in charge of the city for routine of the city manager.
matters. This action shall not constitute the (Code 1958, § 2 - 22; Ord. No. 84 - 2, § 1, 1 - 17 - 84)
appointment of an act ing city manager.
(b) When, due to length of absence from the Secs. 2 - 32 — 2 - 40. Reserved.
city or illness, and inability to be in reasonable
contact by telephone, the city manager is unable to
carry out administrative duties and responsibilities in
a reasonable time, the city manag er, with city
2001 S - 16
Boynton Beach Code
24B
Administration
25
ARTICLE III. ELECTIONS*
*Cross reference - Political signs, § 21 - 2.
Charter reference - Elections generally, § 135 et seq.
Sec. 2 - 41. Voting districts.
The boundaries for each of the four (4) voting
d istricts of the City Commission of the City of
Boynton Beach, shall be as follows:
(1) District No. 1. COMMENCING at the
centerline intersection of Boynton Beach
Boulevard and the centerline of the Florida
Department of Transportation (FDOT)
Railroad Cor ridor (Tri - Rail) (a.k.a. CSX
Railroad); thence run westerly along the
centerline of Boynton Beach Boulevard to
the centerline intersection of NW 8th Street
and the POINT OF BEGINNING; thence
run southerly along the centerline of NW 8th
Street and SW 8th St reet to the centerline of
Purple Heart Way (f.k.a. Morton's Way);
thence run easterly along the centerline of
Purple Heart Way to centerline of said
FDOT Railroad Corridor; thence run
southerly along the centerline of the FDOT
Railroad Corridor to the cent erline of SE
23rd Avenue (a.k.a. Golf Road); thence run
easterly along the centerline of SW 23rd
Avenue to the centerline of SW 4th Street;
thence run southerly along the centerline of
SW 4th Street to the centerline of SW 23rd
Terrace; thence run westerly along the
centerline of SW 23rd Terrace to the
centerline of SW 6th Street; thence run
southerly along the centerline of SW 6th
Street to the centerline of SW 25th Avenue;
thence run westerly along the centerline of
SW 25th Avenue to the centerline of SW 8th
Street; thence run southerly along the
centerline of SW 8th Street to the centerline
of Chapel Hill Boulevard; thence run
easterly along the centerline of Chapel Hill
Boulevard to the centerline of Fernwood
Drive; thence
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2002 S - 18
Boynton Beach Code
26
ESTATES; thence run north along the west
subdivision line of LAKE SHORE
ESTATES extension to a point on the
southwesterly property line of Lot 9 as
shown on said plat of LAKE EDEN
SUBDIVISION PLAT NO. 2; thence run
northwesterly along the perimeter of Block 1
(and Lot 9) of said plat of LAKE EDEN
SUBDIVISION PLAT NO. 2 to the
intersection of Lot 1 of said subdivision and
the south right - of - wa y line of Diane Drive,
said Diane Drive as laid out and in use
according to the plat of LAKE VIEW
HAVEN as recorded in Plat Book 32, Pages
53 and 54, according to the Public Records
of Palm Beach County, Florida; thence run
westerly along the south right - o f - way line of
said Diane Drive and the south line of a
FDOT Lateral Ditch Easement as shown on
said record plat, to a point on the eastern
right - of - way line of Interstate 95 (S.R. 9);
thence run southwesterly along the eastern
right - of - way line of said Int erstate 95 (S.R.
9) to the easterly extension of the centerline
of the Lake Worth Drainage District
(LWDD) Lateral 30 Canal; thence run
westerly along the centerline of said LWDD
Lateral 30 Canal to the city's western
corporate limits; thence run northerly ,
easterly and northerly along the city's
western corporate limits to a point on the
centerline of Old Boynton Road; thence run
easterly, southeasterly and southerly along
the centerline of Old Boynton Road to the
POINT OF BEGINNING.
(2) District No. 2. BEGINNING at the center -
line intersection of Boynton Beach
Boulevard and the centerline of the Florida
Department of Transportation (FDOT)
Railroad Corridor (Tri - Rail) (a.k.a. CSX
Railroad); thence run northerly along the
centerline of said FDOT Rail Corri dor to the
city's northern corporate limits; thence run
easterly, southerly and easterly along the
city's northern corporate limits to the
centerline of the Intracoastal Waterway;
thence run southerly along the
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2002 S - 18
Administration
26A
according to the Public Records of Palm
Beach County, Florida, to the centerline of
Swinton Avenue; thence run northerly along
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centerline of Mission Hill Road; thence run
westerly along the centerline of Mission Hill
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thence run northerly and easterly along the
centerline of Canal Drive to the centerline of
Fernwood Drive; thence run northerl y along
the centerline of Fernwood Drive to the
centerline of Chapel Hill Boulevard; thence
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centerline of SW 8th Street to the cen terline
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Avenue (a.k.a. Golf Road); thence run
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Avenue to the centerline of said FDOT
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along the centerline of said FDOT Railroad
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Heart Way (f.k.a. Morton's Way); thence run
westerly along the said easterly extension of
the centerline of Purple Heart Way and the
cente rline of Purple Heart Way to the
centerline of SW 8th Street; thence run
northerly along the centerline of SW 8th
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said Boynton Beach Boulevard; thence run
easterly along the centerline of Boynton
Beach Boulevar d to the POINT OF
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(4) District No. 4. BEGINNING at the
centerline intersection of Boynton Beach
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Editor's note d - Ord. No. 91 - 82, § 2, adopted Dec.
17, 1991, provided the boundary descriptions of the .
city's four voting districts. Such descriptions have
been inc luded by the editor as § 2 N - 41.
2002 S - 18
Boynton Beach Code
26B
Sec. 2 - 42. Official ballot, filing fees.
2002 S - 18
The city commission shall prepare or cause to be
prepared the official ballot for each regular and special
election of the city. Each candida te shall file a petition
signed by at least twenty - five (25) duly qualified
voters of the city and shall submit a filing fee of
twenty - five dollars ($25.00), which will result in the
appearance in alphabetical order of the name of the
particular candidat e upon the official general election
ballot. All such filing fees collected shall be deposited
to the general fund. None but the official ballot shall
be used.
(Code 1958, § 8 - 6; Ord. No. 83 - 51, § 5, 12 - 20 - 83)
Sec. 2 - 43. Absentee voting permitted.
Abse ntee voting shall be permitted in city
elections, in accordance with the procedures
established by law for absentee voting in state and
county elections. Provided, however, that “city clerk”
shall be substituted for “supervisor of elections” in
said laws a nd “canvassing board” as used in said laws
shall be held to mean the persons authorized to
canvass city elections.
State law reference - Absentee voting, F.S. §
101.62 et seq.
Sec. 2 - 44. Designation of polling places.
The polling places within each prec inct shall be
designated by the mayor at the time of the calling of
each special or general municipal election, by
proclamation.
(Code 1958, § 8 - 19)
Sec. 2 - 45. False statements or affidavits.
Any person who shall make, transmit or deliver,
or cause to be made, transmitted or delivered, any
false statement or affidavit with the intent that the
same be used under any provision of this article, shall
be guilty of a violation of this Code.
(Code 1958, § 8 - 18)
Sec. 2 - 46. Vacancy in candidacy.
(b) If the death, withdrawal or removal from
(a) If the death, withdrawal or removal from the the ballot of a qualified candidate for city
ballot of a qualified candidate for city commissioner commissioner occurs and there is less t han thirty - five
occurs after the close of registration for candidates for (35) days before the election, the election for that
this office, and if the death, withdrawal or removal specific seat shall be delayed from its scheduled date
leaves fewer than two (2) candidates for that office, by not less than forty - five (45) nor more than sixty
and at least thirty - five (35) days remain before the (60) days, at which time a special municipal election
election, the qualifying period for that office shall be for that office only shal l take place. Qualifying shall
reopened for a period of five (5) days following the be reopened for a period of ten (10) days beginning
date the vacancy occurs. All qualified candidates the day after the vacancy occurs. The city clerk shall
registered during that perio d shall be placed on the promptly advertise at least one (1) notice of the
ballot at the general municipal election along with the rescheduled election and reopening of registration in
remaining candidate. The city clerk shall promptly a newspaper o f general circulation in the City of
post notice at City Hall, in a conspicuous place, of Boynton Beach. The notice shall be a quarter page
reopening of the registration period. The city clerk display advertisement appearing at least ten (10) days
shall, in conjunct ion with procedures established by prior to the rescheduled election date.
the supervisor of elections of Palm Beach County,
Florida, make a bona fide attempt to contact all (c) Any remaining candidate for that office
persons requesting absentee ballots so as to advise shall not be required to re qualify for election or pay a
such absentee voters of the death, withdrawal or second qualifying fee. Any remaining candidate shall
removal from the ball ot of a qualified candidate for not be declared an unopposed candidate under
city commissioner. The procedures set forth in Chapter
subsection (e) hereinafter, shall also apply.
Administration
27
106, Florida Statutes, unless no additional candidate an absente e ballot for the regular election as well as
qualifies for election during the supple mental provided to other voters who properly request them. If
qualifying period. Any remaining candidate may an absentee voter returns the initial ballot he was
continue to accept contributions pursuant to Chapter mailed, his vote for that office for which the special
106, Florida Statutes, or until he is declared election was called shall be null and void, but h is
unopposed. If he is declared unopposed pursuant to votes on all other offices and issues shall be counted.
this section, then within ten (10) days after the c lose of (Ord. No. 92 - 08, § 2, 4 - 7 - 92; Ord. No. 94 - 05, § 2, 3 -
the supplemental qualifying period the special election 1 - 94)
shall be canceled. The unopposed candidate shall be
declared elected at an organizational meeting of the
city commission and the oath of office shall be Secs. 2 - 47 — 2 - 55. Reserved.
administered at that time.
(d) The f iling of campaign expense statements ARTICLE IV. PURCHASING AND
pursuant to Chapter 106, Florida Statutes, by CONSULTANTS*
candidates in a special election called under
subsection (b), including the remaining candidate, *Editor's note - Ord. No. 90 - 54, § 2, adopted
shall not be later than such dates as fixed by the city Nov. 20, 1990, repe aled former Art. IV, Consultants,
clerk. substantive sections thereof being §§ 2 - 56, 2 - 57, 2 - 60
and 2 - 61, derived from the 1958 Code, §§ 2 - 70, 2 - 71,
(e) If a sp ecial election is called pursuant to 2 - 74 and 2 - 75. Sec. 3 of Ord. No. 90 - 54 enacted a
subsection (b), and other candidates qualify for new Art. IV, §§ 2 - 56 — 2 - 60 to read as herein set out.
election during the supplemental qualifying period,
supplemental absentee ballots for the special election
shall be mailed to any absentee voter who was mailed
Sec. 2 - 56. Purchasing agent, selection, duties;
2003 S - 20 competitive bidding.
(a) The city commission shall appoint an
officer or employee of the city, other than a member
of the city commission, as purchasing agent for the
city who shall be responsible fo r the purchase of all
supplies, materials, equipment and other articles used
by the municipal government. All purchases or sales
of city property shall be subject to the approval of the
city commission and shall conform to such
regulations as the city co mmission may from time to
time prescribe.
(b) Personal property, commodities and
services. Except as provided in section 2 - 56.1 all
purchases or sales of personal property, commodities
and services involving amounts in excess of twenty -
five thousand dol lars ($25,000.00), or construction
involving amounts of seventy - five thousand
($75,000.00), shall be made only after the publishing
of an advertisement of bids thereon in a newspaper of
general circulation in the city at least one (1) time, not
less than t en (10) days prior to the date set for the
reception of such bids, together with such other notice
as the commission may direct. The city commission
shall have the power to reject any and all bids
submitted and received, and to waive any
informalities in connection with such bidding.
(c) Real property. With regard to the sale of
any real estate owned by the city, regardless of the
estimated value thereof, no such sale shall be
conducted or consummated until such time as subject
property has been apprais ed by a disinterested
qualified appraiser to be designated by the city
commission for the purpose of establishing a fair
market value thereon. The sale of real property for
less than the fair market value shall require the
approval by a vote of four - fifths (4/5) of the city
commission. After such appraisal shall have been
completed and a fair market value determined, the
property may be sold:
1. To the owner of adjacent developed
property if the city property is to be used by the
adjacent property owner as:
Boynton Beach Code
28
A. Buffer; or 2003 S - 20
B. For an extension of the use to
which the adjacent property owner is using the
adjacent property at the time of sale; or
2. To the highest bidder following a
competitive bidding process as es tablished by the city
administration.
(Ord. No. 90 - 54, § 3, 11 - 20 - 90; Ord. No. 97 - 45, § 1,
9 - 2 - 97; Ord. No. 01 - 66, § 1, 1 - 2 - 02; Ord. No. 03 - 002,
§ 1, 2 - 18 - 03)
Sec. 2 - 56.1 Exceptions to competitive bidding.
(a) The purchase or sale of any real property by
the city from or to another governmental agency shall
conform to such regulations as the city commission
may from time to time prescribe, but such purchase or
sale shall be excepted and exempt from the provisions
of section 2.56 hereof.
(b) On any pur chase of personal property,
commodities, or services involving amounts less than
twenty - five thousand dollars ($25,000.00), or
construction less than seventy - five dollars
($75,000.00), the city manager shall establish
procurement policies. The procurement policies shall
provide for obtaining sufficient pricing and product
quotations to ensure that the goods, services, or
construction being procured is the highest quality at
the most reasonable cost. Such procedure shall require
the preparation and maintenan ce of written records
which adequately document the quotations obtained,
property account for the funds expended, and facilitate
an audit of the purchase made. Furthermore, the city
manager, or in the city manager’s absence, the acting
city manager is aut horized to execute a purchase order
on behalf of the city for such purchases under the
$25,000.00 bid threshold for personal property,
commodities and services, or $75,000.00 for
construction. The City Manager shall file a written
report with the Commissio n at the second Commission
meeting of each month listing the purchase orders
approved by the City Manager or Acting City
Manager.
(c) On the purchase of personal property if the price, the purchasing agent may elect to follow the
city manager shall maintain that an emergency exists competitive bidding requirements of the
in regard to the purchase of any commodity so that the governmental agency which is supplying the funds
delay incident to giving opportunity for competitive for the purchase.
bidding would be detrimental to the interest of the
city, then the city manager shall file a statement (f) The purchasing agent may award a contract
certifying the conditions and circumstances. The by accessing purchasing items from the Federal
writte n statement shall be kept with the purchase General Services Administration Contract, the State
order. This emergency purchase will be presented to of Florida State Contracts, SNAPS, RESPECT,
the City Commission at the earliest meeting if it PRIDE or other purchasing contracts of any
exceeds the threshold for purchases. departm ents or subdivisions of the State of Florida; or
“piggy - back” of the government or national alliance
(d) Commodities available only from a single bids without the competitive bidding process required
source may be excepted fro m bid requirements. A by this article. If budget allocation is approved by
letter is required from the vendor and the single source Commission, as part of the budget adoption for t he
purchase will be made from the vendor at the fiscal year, all items purchased in relation to
discretion of the purchasing agent. paragraph (f) will not require further Commission
action unless a formal contract is involved.
(e) On any purchase of personal property where (Ord. No. 90 - 54, § 3, 11 - 20 - 90; Ord. No. 97 - 45, § 2,
the funds for the price of the entire purchase are being 9 - 2 - 97; Ord. No. 01 - 66, § 1, 1 - 2 - 02)
supplied by another governmental agency and no
funds of the city are being used towards the purchase
Administra tion
28A
Sec. 2 - 57. Consultants; incorporation of
Florida Statutes, Section 287.055.
There is hereby incorporated by reference and
made a part hereof the “Consultants' Competitive
Negotiation Act,” being F.S. § 287.055 as amended
from time to time .
(Ord. No. 90 - 54, § 3, 11 - 20 - 90)
Sec. 2 - 58. Intent; jurisdiction.
It is hereby declared to be the legislative intent of
the city commission that the city and all of its
constituent commissions, boards, authorities and the
like, with purchasing or proc urement authority,
comply to the fullest extent with the spirit and
mandates of the Consultants' Competitive Negotiation
Act, F.S. § 287.055 and the provisions hereof.
The city administration shall have jurisdiction to
perform the functions set forth for the city and all its
2003 S - 20
Boynton Beach Code
28B
Administra tion
29
constituent commissions, boards, authorities and the activities.
like whether they were established or brought into
existence by ordinance, resolution, or motion of the (c) The above r ules of procedure and any
city commission. amendments or deletions therefrom shall be
(Ord. No. 90 - 54, § 3, 11 - 20 - 90) submitted to the city commission for
approval, which approval may be made by
motion. (Ord. No. 90 - 54, § 3, 11 - 20 - 90)
Sec. 2 - 59. City to adopt rules of p rocedure.
The city administration is hereby directed to Sec. 2 - 60. Commissions, boards, etc.,
adopt a rule or rules of procedure for the independent of city commis sion to
determination of a project under the Consultants' follow article.
Competitive Negotiation Act and this article. These
procedures may include: Any city commissions, boards, authorities and
the like which have purchasing authority independent
(a) Determination of a proj ect which constitutes of the city commission, the purchases of such bodies
a grouping of minor construction, which are subject to the Consultants' Competitive
rehabilitation, or renovation activities. Negotiation Act shall be processed in accordance
herewith; however, the commission, board, authority,
(b) Determination of a project which constitutes or the like will itself perform the functions set forth
a grouping of substantially similar herein that are otherwise applicable to the city
construction, rehabilitation, or renovation commission.
(Ord. No. 90 - 54, § 3, 11 - 20 - 90) ARTICLE V. CODE COMPLIANCE BOARD
*Cross reference - Minimum qualifications for
Secs. 2 - 61 — 2 - 71. Reserved. appointment and membership on boards, § 2 - 16.
Sec. 2 - 72. Intent.
Declaration of legislative intent. It is the intent of
this article to promote, protect and improve the
he alth, safety and welfare of the citizens and residents
of the city by authorizing the creation of an
administrative board with authority to impose
penalties to provide an equitable, expeditious,
effective and inexpensive method of enforcing any
codes and o rdinances in force in the city where a
pending or repeated violation continues to exist.
(Ord. No. 79 - 28, § 1, 9 - 18 - 79; Ord. No. 90 - 13, § 2, 6 -
19 - 90)
Sec. 2 - 73. Definitions.
As used in this article:
Board attorney means the city attorney or
designated board attorney of the city.
Code inspector means those authorized agents or
employees of the city whose duty it is to insure code
compliance.
Enforcement board means a code compliance
board.
Repeat violation means a violation of a provision
of a cod e or ordinance by a person who has
previously been found through a code enforcement
board or any other quasi - judicial process to have
violated or has admitted violating the same provision
within five (5) years prior to the violation,
notwithstanding the vi olations occur at different
locations. (Ord. No. 79 - 28, § 3, 9 - 18 - 79; Ord. No. 87 -
1, § 1, 2 - 3 - 87; Ord. No. 90 - 13, § 4, 6 - 19 - 90; Ord. No.
97 - 51, § 1, 11 - 18 - 97; Ord. No. 00 - 10, § 2, 4 - 4 - 00)
2002 S - 18
Boynton Beach Code
30
Sec. 2 - 74. Creation, appointm ent, organization vacancy. The members shall serve at the
of board.
The city commission may appoint one (1) or
more seven - member code compliance boards, and
legal counsel for such boards. The members shall
have the following qualifications and terms of office:
(a) Members of a compliance b oard shall be
residents of the city. Appointments shall be
made in accordance with applicable law
and ordinances on the basis of experience
or interest in the subject matter [under the]
jurisdiction of the code compliance board.
(b) In order that terms of office of all members
will not expire at the same time, the initial
appointments to an enforcement board shall
be as follows:
Two (2) members shall be appointed for a
term of one (1) year.
Two (2) members shall be appointed for a
term of two (2) years.
Two (2) members shall be appointed
for a term of three (3) years.
The seventh regular member of the
board appointed when the number of board
members was raised from six (6) shall at
the time of his appointment serve for a
period of three (3) years.
Th ereafter, all appointments and terms shall
be for a term of three (3) years. Any
member may be reappointed from term to
term upon approval of the city commission.
Appointments to fill any vacancy on an
enforcement board shall be for the
remainder of the un expired term of office.
If any member falls to attend two (2) of
three (3) successive meetings without cause
and without prior approval of the chairman,
the compliance board shall declare the
members' office vacant, and the city
commission shall promptly fill such
2002 S - 17
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11 - 18 - 97)
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Sec. 2 - 75. d Provisions wider jurisdiction of
e boards.
The code compliance boa c rds shall enforce and
have jurisdiction of the following codes: o
m
Part II, Code of Ordinances fire codes, Chapter p
9, licenses, Chapter 13 as well as Part III, Land l
Development Regulations planning and development i
generally, Chapter 1.5; zoning Chapter 2; p a lanned
unit developments, Chapter 2.5; community design n
plan, Chapter 9; building, housing and construction, c
Chapter 20; signs, Chapter 21; parking lots, Chapter e
23; and related technical codes in force in the city.
(Ord. No. 79 b - 28, § 2, 9 - 18 - 79; Ord. No . 87 - 1, § 3, 2 -
3 - 87; Ord. No. 88 o - 39, § 1, 9 - 7 - 88; Ord. No. 88 - 57, §
1, 12 - 6 - 88; Ord. No. 96 a - 43, § 1, 10 - 2 - 96; Ord. No.
97 - 51, § 1, 11 r - 18 - 97)
Cross references d - Prosecution before code
compliance board for failure to place street numbers .
(Ord. No. 79 - 28, § 4, 9 - 18 - 79; Ord. No. 79 - 35, § 1, on buildings, § 15 - 1 6(e); acting as nuisance
11 - 21 - 79; Ord. No. 80 - 38, § 2, 9 - 2 - 80; Ord. No . 82 - abatement board, § 10 - 56.
19, § 1, 8 - 3 - 82; Ord. No. 87 - 1, § 2, 2 - 3 - 87; Ord. No.
87 - 14, § 1, 6 - 16 - 87; Ord. No. 87 - 19, § 1, 7 - 21 - 87;
Ord. No. 90 - 13, §§ 5 - 7, 6 - 19 - 90; Ord. No. 97 - 51, § 1,
Administration
30A
Sec. 2 - 76. Enforcement procedure. recurs or if the violation is not corrected by the time
specified for correction by the code inspector, the
(a) It shall be the duty of the code inspector to case may be presented to the enforcement board even
initiate enforcement proceedings of the various if the violation has been corrected prior to the board
codes; however, no member of the board sha ll have hearing and the notice shall s o state.
the power to initiate enforcement proceedings.
(c) If the code inspector has reason to believe a
(b) If a violation of the codes is found, the code violation or the condition causing the violation
inspector shall notify the violator, unless subsection presents a serious threat to the public health, safety
(c) of this section applies, and give said violator a and welfare, or if the violation is irreparable or
reasonable time to correct the violatio n. Should the irreversible in nature, the code inspect or shall make a
violation continue beyond the time specified for reasonable effort to notify the violator and may
correction, the code inspector shall notify an immediately notify the enforcement board and request
enforcement board and request a hearing. The code a hearing.
compliance board, through its clerical staff, shall
schedule a hearing, and written notice of su ch hearing (d) If a repeat violation is found, the code
shall be hand delivered or mailed as provided in inspector shall notify the violator, but it is not
section 2 - 81 to the said violator. At the option of the required that he give the vio lator a reasonable time to
code compliance board, notice may additionally be correct the violation. The code inspector, after
served by publication or posting as provided in notifying the violator of a repeat violation, shall
section 2 - 81. If the violation is correcte d and then notify the code enforcement board and request a
hearing. The code compliance board, through its (e) If the owner of property which is subject to
clerical staff, shall schedule a hearing and shall an enforcement proceeding before an enforcement
provide notice pursuant to section 2 - 81. The case board, special master, or court transfers ownership of
may be presented to the code compliance board even such property between the time and initial pleading
if the repeat violation has been corrected prior to the was served and the time of the hearing, such owner
board hearing, and the notice shall so state. shall:
1. Disclose , in writing, the existence and
2002 S - 17 the nature of the proceeding to the prospective
transferee.
2. Deliver to the prospective transferee a
copy of the pleadings, notices, and other materials
relating to the code enforcement proceeding received
by the transf eror.
3. Disclose, in writing, to the prospective
transferee that a new owner will be responsible for
compliance with the applicable code and with orders
issued in the code enforcement proceeding.
4. File a notice with the code enforcement
official of the transfer of the property, with the
identity and address of the new owner and copies of
the disclosures made to the new owner, within 5 days
after the date of the transfer.
A failure to make the disclosures described in
paragraphs 1, 2, and 3 before the transfer creates a
rebuttable presumption of fraud. If the property is
transferred before the hearing, the proceeding shall
not be dismissed, but the new owner shall be provided
a reasonable period of time to correct the violation
before the hearing is held.
(Ord. No. 79 - 82, § 5, 9 - 18 - 79; Ord. No. 87 - 1, § 4, 2 -
3 - 87; Ord. No. 87 - 36, § 1, 10 - 20 - 87; Ord. No. 90 - 13,
§§ 8, 9, 6 - 19 - 90; Ord. No. 94 - 57, § 1, 1 - 3 - 95; Ord.
No. 97 - 51, § 1, 11 - 18 - 97; Ord. No. 00 - 10, § 3, 4 - 4 -
00)
Sec. 2 - 77. Conduct of hearing.
(a) Upon request of the code inspector, or at
such other times as may be necessary, the chairman of
an enforcement board may call a hearing of an
enforcement board; a hearing may also be called by
written notice signed by at least three (3) members of
Boynton Beach Code
30B
an enforcement board. Minutes shall be kept of all shall be open to the public. The city clerk shall
hearings by each enforcement board and all hearings provide clerical and administrative personnel as may
be reasonably required by each enforcement board
for the proper performance of its duties. purchasers, successors in interest, or assigns if the
violation concerns real property, and the findings
(b) Each case before an enforcement board therein shall be binding upon the violator, if the
shall be presented by a member of the building violation concerns real property, any subsequent
department administrative staff. If the local purchaser s, successors in interest or assigns. If an
governing body prevails in prosecuting a case befo re order is recorded in the public records pursuant to this
the enforcement board, it shall be entitled to recover subsection and the order is complied with by the date
all costs incurred prosecuting the case before the specified in the order, the enforcement board shall
board. issue an order acknowledging compliance that shal l
be recorded in the public records. A hearing is not
(c) An enforcement board shall proceed to hear required to issue such an order acknowledging
the cases on the agenda for that day. All testimony compliance.
shall be under oath and shall be record ed. The (Ord. No. 79 - 28, § 6, 9 - 18 - 79; Ord. No. 79 - 35, § 1,
enforcement board shall take testimony from the code 11 - 21 - 79; Ord. No. 82 - 19, § 2, 8 - 3 - 82; Ord. No. 87.1,
inspector and alleged violator. Formal rules of § 5, 2 - 3 - 87; Ord. No. 90 - 13, §§ 10, 11 , 6 - 19 - 90; Ord.
evidence shall not apply; however, fundamental due No. 94 - 57, § 2, 1 - 3 - 95)
process shall be observed and govern said
proceedings.
(d) At the hearing the burden of proof shall be
upon the administrative official to show by
preponderance of the evidence that a violation does
exist. Assuming proper notice of the hearing has been
provided to the respondent, a hearing may proceed in
the absence of the respondent.
(e) At the conclusion of the hearing the
enforcement board shall issue findings of fact, based
on evidence of record, and conclusions of law and
shall issue an order affording the proper relief
consistent with powers granted herein. The findings
shall be by motion ap proved by a majority of those
present and voting, except that at least four (4)
members of the enforcement board must vote for the
action to be official. The order may include a notice
that it must be complied with by a specific date, and
that a fine may b e imposed and, under the conditions
specified in section 2 - 79, the cost of repairs may be
included along with the fine, if the order is not
complied with by said date; a certified copy of the
order may be recorded in the public records of the
county and sh all constitute notice to any subsequent
2002 S - 17
Administration
31
Sec. 2 - 78. Powers of boards. property and does not create any liability agains t the
local governing body for any damages to the property
Each enforcement board shall have the power to: if such repairs were completed in good faith.
(a) Adopt rules for the conduct of its hearings. (b) In determining the amount of the fine, if
any, the enforcement board shall consider the
(b) Subpoena alleged violators and witness es to following factors:
its hearings. Subpoenas may be served by
the city's police department or by the sheriff
of the county.
(c) Subpoena evidence to its hearings.
(d) Take testimony under oath.
(e) Issue orders having the force of law
commanding whatever steps are nec essary
to bring a violation into compliance.
(Ord. No. 79 - 28, § 7, 9 - 18 - 79; Ord. No. 81 - 71, § 6, 2 -
3 - 87; Ord. No. 90 - 13, § 12, 6 - 19 - 90)
Sec. 2 - 79. Administrative fine; liens.
(a) The enforcement board, upon notification
by the code inspector, that an o rder of the
enforcement board has not been complied with by the
said time, or, upon finding that a repeat violation has
been committed, may order the violator to pay a fine
not to exceed one thousand dollars ($1000.00) per
day for a first violation and not to exceed five
thousand dollars ($5000.00) per day for a repeat
violation and up to fifteen thousand dollars ($15000)
per violation if the code enforcement board finds the
violation to be irreparable or irreversible in nature for
each day the violation co ntinues past the date set by
the enforcement board for compliance or, in the case
of a repeat violation for each day the repeat violation
continues beginning with the date the repeat violation
is found to have occurred by the code inspector. In
addition, i f the violation is a violation described in
section 2 - 76(c), the enforcement board shall notify
the city commission, which may make all reasonable
repairs which are required to bring the property into
compliance and charge the violator with the
reasonable cost of the repairs along with the fine
imposed pursuant to this section. Making such repairs
does not create a continuing obligation on the part of
the city to make further repairs or to maintain the
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accrue unti i l the violator comes into compliance or
until judgment is rendered in a suit to foreclose on a o
lien filed pursuant to this section, whichever occurs l
first. After three (3) months from the filing of any a
such lien which remains unpaid, the enforcement t
board may authorize the city attorney to foreclose on o
the lien. No lien created pursuant to the provisions of r
this part may be enforced on real property which is a .
homestead under Section 4, Article X of the State
(c) A certified copy of an order imposing a Constitution.
fine, or a fine plus repair costs, may be recorded in (Ord. No. 79 - 82, § 8, 9 - 18 - 79; Or d. No. 82 - 19, § 3, 8 -
the public records and thereafte r shall constitute a 3 - 82; Ord. No. 87 - 1, § 7, 2 - 3 - 87; Ord. No. 87 - 36, § 2,
lien against the land on which the violation exists and 10 - 20 - 87; Ord. No. 90 - 13, §§ 13, 14, 6 - 19 - 90; Ord.
upon any other real or personal property owned by No. 94 - 57, § 3, 1 - 3 - 95; Ord. No. 00 - 10, § 4, 4 - 4 - 00)
the violator. Upon petition to the circuit court, such
order shall be enforceable in the same manner as a
court judgment by the s heriffs of this state, including Sec. 2 - 79.5. Duration of lien.
execution and levy against the personal property of
the violator, but such order shall not be deemed to be No lien provided under this article shall continue
a court judgment except for enforcement purposes. A for a period longer than twenty (20) years after the
fine imposed pursuant to this part shall continue to certified copy of an order imposing a fine has been
2000 S - 12
Boynton Beach Code
32
recorded, unless within that time an action to (2) Hand delivery by the sheriff or other
foreclose on the lien is commenced in a court of law enforcement officer, code inspector, or other
com petent jurisdiction. In an action to foreclose on a person designated by the city;
lien, the prevailing party is entitled to recover all
costs, including a reasonable attorneys fee, that are (3) Leaving the notice at the violator’s
incurred in the foreclosure. The city shall be entitled usual place of residence with any person r esiding
to collect all costs incurred in recordi ng and therein who is above 15 years of age and informing
satisfying a valid lien. The continuation of the lien such person of the contents of the notice; or
effected by the commencement of the action shall not
be good against creditors, or subsequent purchasers (4) In the case of commercial premises,
for valuable consideration without notice, unless a leaving the notice with the manager or other person in
notice of lis pendens is recorded. charge.
(Or d. No. 82 - 19, § 4, 8 - 3 - 82; Ord. No. 87 - 1, § 8, 2 - 3 -
87; Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 94 - 57, § (b) In addition to providing notice as set forth
4, 1 - 3 - 95) in subsection (a), at the option of the code compliance
board, notice may also be served by publication or
posting, as follows:
Sec. 2 - 80. Appeal.
An aggrieved party, including the city
commission, may appeal a final administrative order
of an enforcement board to the circuit court of Palm
Beach County. Such an appeal shall not be a hearing
de novo, but shall be limited to appellate review of
the record created before the enforcement board. An
appeal shall be filed within thirty (30) days of the
execution of the ord er to be appealed.
(Ord. No. 79 - 28, § 9, 9 - 18 - 79; Ord. No. 82 - 19, § 5, 8 -
3 - 82; Ord. No. 81 - 7, § 9, 2 - 3 - 87; Ord. No. 90 - 13, §
15, 6 - 19 - 90)
Sec. 2 - 81. Service of notices.
(a) All notices required by this act shall be
provided to the alleged violator by:
(1) Certified mail, return receipt
requested, provided if such notice is sent under this
paragraph to the owner of the property in question at
the address listed in the tax collector’s office for tax
notices, and at any other address provided to the cit y
by such owner and is returned as unclaimed or
refused, notice may be provided by posting as
described in subparagraphs (b)(1) and (2), and by
first class mail directed to the addresses furnished to
the city with a properly executed proof of mailing or
af fidavit confirming the first class mailing;
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2000 S - 12
Administration
33
(3) Notice by publication or posting may run provide the code enforcem ent officer with the power
concurrently with, or may follow, an of arrest or subject the code enforcement officer to
attem pt or attempts to provide notice by the provisions of Sections 943.085 through 943.255,
hand delivery or by mail as required under Florida Statutes, as amended. Nothing in this section
subsection (a). amends, alters or contravenes the provisions of any
state administered retirement system or any state
Evidence that an attempt has been made to hand supported retirement system established by general
deliver or mail notice as provided in subsection (a), law.
together with proof of publication or posting as
provided i n subsection (b), shall be sufficient to show (c) (1) A code enforcement officer is
that the notice requirements of this chapter have been
met, without regard to whether or not the alleged
violator actually received such notice.
(Ord. No. 79 - 28, § 10, 9 - 18 - 79; Ord. No. 87 - 1, § 10,
2 - 3 - 87; Ord. No. 87 - 36, § 3, 10 - 20 - 87; Ord. No. 94 -
57, § 5, 1 - 3 - 95; Ord. No. 97 - 51, § 1, 11 - 18 - 97; Ord.
No. 00 - 10, § 5, 4 - 4 - 00)
Sec. 2 - 82. Alternative code enforcement
system.
The city hereby adopts an alternative code
enforcement system which shall provide the code
compliance board or special masters, hereinafter
described and designated by the city commission, the
authority to hold hearings and assess fines against
violators of the codes and ordinances of the city.
(Ord. No. 90 - 13, § 3, 6 - 19 - 90; Ord. No. 97 - 51 , § 1,
11 - 18 - 97)
Sec. 2 - 83. Enforcement of the codes and
ordinances; penalties.
(a) As used in this section, code enforcement
officer means any designated employee or agent of
the City of Boynton Beach whose duty it is to enforce
codes and ordinance s enacted by the city.
(b) The city may designate certain of its
employees or agents as code enforcement officers.
The training and qualifications of the employed or
agents for such designation shall be determined by
the city. Employees or agents who may be designated
as code enforcement officers may include, but are not
limited to code inspectors, law enforcement officers,
animal control officers, or fire safety inspectors
designation as a code enforcement officer does not
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2000 S - 12
Boynton Beach Code
34
(3) A citation issued by a code a schedule of violations and penalties to be assessed
enforcement officer shall be in a form
prescribed by the city and shall
contain:
a. The date and time of
issuance.
b. The name and address of the
person to whom the citation is
issued.
c. The date and time the civi l
infraction was committed.
d. The facts constituting
reasonable cause.
e. The number or section of the
code or ordinance violated.
f. The name and authority of
the code enforcement officer.
g. The procedure for the person
to follow in order to pay the civil
penalty or to contest the citation.
h. The applicable civil penalty
if the person elects to contest the
citation.
i. The applicable civil penalty
if the person elects not to contest
the citation.
j. A conspicuous statement that
if the person fail s to pay the civil
penalty within the time allowed,
or fails to appear in court to
contest the citation, he shall be
deemed to have waived his right
to contest the citation and that, in
such case, judgement may be
entered against the person for an
amount u p to the maximum civil
penalty.
(d) After issuing a citation to an alleged
violator, a code enforcement officer shall deposit the
original citation and one copy of the citation with the
Palm Beach County Court.
(e) The city is authorized to enforce its codes
and ordinances under the provisions of this section
and by the enactment of Ordinance No. 90 - 13, the
city shall by separate ordinance set forth procedures
for the implementation of such provisions, including
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Section 775.083, Florida Statutes. s
(g) s The provisions of this section shall not
apply to the enforcement pursuant to Florida Statutes, e
Sections, 553.79 and 553.80 or building codes c
adopted pursuant t to Section 553.73 as they apply to
construction provided that a building permit is either i
not required or has been issued by the city. For the o
purposes of this subsection, “building codes” means n
only those codes adopted pursuant to Section 553.73, .
Florida Statutes.
(f) Any person who willfully refuses to sign
and accept a citation issued by a code enforcement (h) The provisions of this section are additional
officer shall be guilty of a misdemeanor of the seco nd and supplemental means of enforcing the city's codes
degree, punishable as provided in Section 775.082 or and ordinances and may be used for the enforcement
1998 S - 8
Administration
34A
of any code or ordinance, or for the enforcement of
all codes and ordinances. Nothing contained in this application will be included with the affidavit of
section shall prohibit the city from enforcing its compliance issued by the code enforcement
codes or ordinances by any other means. administrator. A complete application must
(Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 94 - 57, § 6, a ccompany each lien reduction request that is to be
1 - 3 - 95; Ord. No. 00 - 10, § 6, 4 - 4 - 00) heard before the board.
(Ord. No. 90 - 13, § 15, 6 - 19 - 90)
Sec. 2 - 84. Lien reduc tion procedure.
Sec. 2 - 87. Application fee for lien reduction.
The lien reduction procedure is applicable to a
lien which is in effect subsequent to the issuance of A fee of two hundred dollars ($200.00) shall
an affidavit of noncompliance, pursuant to section 2 - accompany the initial reduction application with a fe e
79. of fifty dollars ($50.00) for each additional reduction
(Ord. No. 90 - 13, § 15, 6 - 19 - 90) application filed with the initial reduction application.
If all criteria for lien reduction are not met under
section 2 - 85, the applicant shall be reimbursed one -
Sec. 2 - 85. Criteria for lien reduction. half the amount of the application fee. If after it has
been determined that the criteria under section 2 - 85
The following criteria must be complied with have not been complied with and the application
prior to a lien reduction hearing before the code returned to the applicant, a new application and fee
compliance board: must be submitted for a lien reduction hearing.
(Ord. No. 90 - 13, § 15, 6 - 19 - 90)
(1) The property in question must be in total
code compliance and an affidavit of
compliance must be issued for the code Sec. 2 - 88. Lien reduction procedure.
enforcement case that is being appealed.
A party requesting a lien reduction must submit
(2) The subject property must be free of all a complete lien reduction application to the code
outstanding debts (including taxes) due the enforcement division of the building department
city. within thirty (30) days of the execution date of the
affidavit of com pliance. The code enforcement
(3) The request for a lien reduction application administrator or designee will process the application
must be submitted to the code enforcement and determine that all required criteria have been
administrator within thirty (30) days of the complied with under city ordinance, section 2 - 85. If
date o f the execution of the affidavit of the applicant does not qualify for a hearing under
compliance. section 2 - 85, t he party will be notified in writing of
the reasons and refunded one - half of the application
(4) An application fee of two hundred dollars fee. If the reduction application is complete, a lien
($200.00) must be included for the reduction hearing shall be scheduled on the next
application to be processed. available code compliance board agenda. The
(Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 97 - 51, § 1, appealing party will be notified in writing of the
11 - 18 - 97) scheduled date of the hearing at least five (5) days
prior to the hearing date. The hearing shall be held
at a regular meeting of the code compliance board. A
Sec. 2 - 86. Application for lien reduction. quorum must be present for the board to hear a lien
reductio n and a majority of the entire board must vote
The building official or his designee shall in the affirmative for a lien to be reduced or waived.
provide the application for a lien reduction hearing. The code enforcement administrator shall submit the
The
2001 S - 15
Boynton Beach Code
34B
board's appeal order to the city clerk, legal (2) Lien modification order issued by the Code
department and the city manager. The code
enforcement administrator or his designee shall
notify the applicant in writing of the board's appeal
order within seven (7) days following the entry of the
order and of the date of the next city commission
meeti ng when the commission shall hear the board's
recommendation.
(Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 97 - 51, § 1,
11 - 18 - 97)
Sec. 2 - 89. Conduct of hearing for lien
modification.
The code compliance board at a lien
modification hearing shall make one of the following
determinations: The lien shall be waived in full,
reduced to a specified amount or shall be upheld in
full. The board shall hear all the facts regarding the
specific code or codes the appealing party was in
violation of, the date of the o riginal board hearing,
the date the affidavit of noncompliance was issued,
the date the affidavit of compliance was issued, the
current lien amount and all pertinent information
relating to the specific case, prior to the board
making its determination and order. The lien
modification hearing shall not be a hearing de novo
of the original case.
(Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 97 - 51, § 1,
11 - 18 - 97)
Sec. 2 - 90. Final orders issued in lien
modification hearings.
[Final orders shall be issued in lien modification
hearings in accordance with the following
procedure:]
(1) The Code Compliance Board shall issue its
order in lien modification hearings in
writing in a form approved by the City
Attorney. Immediately following rendition
of lien modifica tion order, the City Clerk
shall furnish a copy of the order along with
minutes of the Code Compliance Board's
meeting to the City Commission.
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11 - 18 - 97; Ord. No. 01 o - 07, § 2, 1 - 16 - 01)
a
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Sec. 2 - 91. d Violations and penalties.
(a) o The following table of violations and
penalties sha r ll be assessed by code enforcement
officers and shall be followed by the county court d
system as a special master pursuant to section 2 e - 82 of
this Code, in its review and adjudication of matters in r
accordance with this Article. The schedule of .
(Ord. No. 90 - 13, § 15, 6 - 19 - 90; Ord. No. 97 - 51, § 1,
2001 S - 1 5
Administration
35
penalties set forth below is not intended to be all
inclusive. The penalty for violation of other codes or
ordinances of the city heretofore or hereafter created
and not enumerated herein shall be enforced in the
manner provided for therein.
Editor's note - The Schedule of Civil Penalties
begins on the following page.
2001 S - 15
Boynton Beach Code
36
Administration
36A
SCHEDULE OF CIVIL PENALTIES
UNIFORM FINE SCHEDULE Fine
Cla ss I $ 50.00
Class II $ 75.00
Class III $125.00
Class IV $250.00
Violation Fine Class/ Fine Class/
First Offense Second Offense
Hedges exceeding maximum height I II
Parking or storing motor vehicle(s) greater than one (1) ton chassis I II
configuration f or longer than 15 minutes in a residential area.
Animals and Fowl: Barking dogs creating a nuisance III IV
Animals and Fowl: Livestock, poultry, exotic or wild animals III IV
running at large under 4 - 19
Animals and Fowl: Maintaining a place for fig hting under Sec. 4 - 8 III IV
Animals and Fowl: Poisoning animals under 4 - 3 III IV
Animals and Fowl: Vicious animals in the city under 4 - 15 III IV
Animals and Fowl: Violations of Sec. 4 - 4 as to the keeping and III IV
treatment of animals
Exterior storage or display in commercial and/or industrial zoning III IV
districts, not permitted per city code
Landscaping not maintained as required per code III IV
Major repairs of boats and motor vehicles in a residential area III IV
Mobile Homes: Occupancy or st orage of a mobile home or motor III IV
home, other than in a mobile home park
Noise: Violation of the City of Boynton Beach Noise Control III IV
Ordinance, sections 15 - 8 through 15 - 8.8
Occupational Licenses: Conducting a business, profession or III IV
occupatio n without an occupational license
1998 S - 7
Boynton Beach Code
36B
SCHEDULE OF CIVIL PENALTIES (Cont'd)
Violation Fine Class/ Fine Class/
First Offense Second Offense
Parking or storing junk vehicles III IV
Performance Stan dards: Nuisance or hazard due to noise, vibration, III IV
smoke, dust, odors, etc.
Residential Zoning: Using a single - family residence as a rooming III IV
house or multi - family dwelling
Signs: Violation of Part III, L.D.R., Ch. 21, Boynton Beach Sign III IV
Ord .
Site Plan not maintained as originally approved III IV
Storage: Open air storage of illegal items in a residential area, III IV
including trash and debris, construction materials not being actively
used for construction, abandoned or derelict objects o r equipment,
including but not limited to automobiles, trucks, buses, motorcycles,
bicycles, furniture, major and minor appliances, trailers, cans or
containers
Trash: Storage of junk, trash debris, or litter III IV
Discharging deleterious wastes to a drainage system IV IV
Excavation and/or fill operation without valid permit or approval IV IV
Hazardous/unsanitary/unsafe conditions of buildings or structures; as IV IV
well as electrical, gas, mechanical and plumbing systems
Maintaining unsanitar y conditions IV IV
Open, unsafe, and abandoned buildings IV IV
Operating an illegal designated use IV IV
Swimming pool not completely enclosed by fence or screen IV IV
Temporary Sales without City approval IV IV
Vendors: Unlicensed roadside vending IV IV
Motor vehicle/boat repair, replacement parts; addition of oil or IV IV
lubricants
1999 S - 10
Administration
37
(b) The provisions contained herein are supple - ethnic and racial groups which comprise the popula -
mental. Nothing contained in this section shall tion of the City of Boynton Beach. All members of
prohibit the city fr om enforcing its codes and the community relations board shall be residents and
ordinances by any other means. electors of the cit y.
(Ord. No. 90 - 79, § 3, 1 - 2 - 91)
(c) Unless otherwise specifically stated in this
Code, violations of the City of Boynton Beach Code
of Ordinances shall be subject to a Class II fine, plus
any costs assessed by Palm Beach County for
processing citations.
(d) The County shall accept this fee schedule
for uncontested violations, which may be paid by
mail and may charge the violator a reasonable fee for
costs incurred in processing each citation.
(Ord. No. 96 - 67, § 1, 1 - 7 - 97; Or. N o. 97 - 48, § 2, 10 -
7 - 97; Ord. No. 99 - 02, § 1, 1 - 19 - 99)
Secs. 2 - 92 — 2 - 100. Reserved.
ARTICLE VI. COMMUNITY RELATIONS
BOARD*
*Editor's note - Ord. No. 90 - 79, §§ 2 — 8, adopted
Jan. 2, 1991, enacted provisions pertaining to a
community relations board for the city. Such
provisions, being nonamendatory of the Code, have
been codified by the editor as Art. VI, §§ 2 - 101
through 2 - 106.
Sec. 2 - 101. Created.
The city commission does hereby create the
existence of an advisory citizens board, to be known
as the “Boynton Beach Community Relations
Board,” and hereinafter referred to as “the board.”
(Ord. No. 90 - 79, § 2, 1 - 2 - 91)
Sec. 2 - 102. Membership.
The board shall be composed of nine (9)
members and two (2) alternate members who are
responsible law abiding citizens and shall be broadly
representative of the social, economic, religious,
1999 S - 10
Boynton Beach Code
38
Sec. 2 - 103. Appointment. actions and decisions of the community relations
board shall not be binding on the city, the city
Members of the community relations board shall commission, or the city administration.
be appointed by the mayor and the city commission
as is currently in effect for all city boards.
(Ord. No. 90 - 7 9, § 4, 1 - 2 - 91)
Sec. 2 - 104. Terms.
All members of the community relations board
shall be appointed for three - year staggered terms.
The two (2) alternate members shall be appointed to
one - year terms. All members may be reappointed at
the pleasure of the city commission at the termination
of their appointment, with no limit as to the number
of terms a member may serve.
(Ord. No. 90 - 79, § 5, 1 - 2 - 91)
Sec. 2 - 105. Filling vacancy.
If a vacancy should occur on the community
relations board, such vacancy sh all be filled by the
mayor and city commission who selects members of
each group (for example, selections by the mayor),
and the selected person shall serve for the unexpired
term of the member's position which was vacated.
The city commission may accept r ecommendations
from the community relations board as to appoint -
ments to the board, and alternate members should be
considered for regular appointments.
(Ord. No. 90 - 79, § 6, 1 - 2 - 91)
Sec. 2 - 106. Duties.
(a) The community relations board, in general,
is to be utilized as a forum for the hearing of
grievances or complaints of all citizens of the city,
and the board shall make timely recommendations to
the city commission concerning such grievances or
complaints.
(b) Specifically, the Boynton Beach
Commu nity Relations Board duties, powers,
authority, and functions include the following:
(1) The board shall act only in an advisory
capacity to the city commission, and the
(
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1997 S - 5
Administration
39
would serve to promote harmony and Sec. 2 - 116. Created.
communication between all of the residents
and citizens of the city and to sponsor The city commission, in accordance with the
acti vities within the community which shall powers vested in it, hereb y creates and establishes a
also serve to promote such harmony and children and youth advisory board. (Ord. No. 91 - 18, §
communication. 2, 5 - 7 - 91)
(8) The community relations board shall be
concerned also with providing necessary Sec. 2 - 117. Duties.
information to the citizens of the city which
concerns their health, safety, w elfare or The children and youth advisory board shall act
housing. as a fact - finding and advisory board on the following
issues and on such other issues as ar e, from time to
(9) The board shall be empowered to review all time, designated by the city commission by
requests for funds from all social service resolution:
agencies, schools and/or community
organizations and make recommendations
to the city commission regarding such
requests. The community relations board
shall have no power to appropriate funds.
(10) Members of the community relations board
shall serve without compensation, but
reasonable expenses, if any, shall be subject
to reimbursement as provided by the city.
(11) The board shall follo w rules and procedures
as described in Exhibit “A” attached hereto
and incorporated by reference. (Ord. No.
90 - 79, § 8, 1 - 2 - 91)
Editor's note - It should be noted that “Exhibit
A” referenced in § 2 - 106(b)(11) is not set out in this
article, but is on fil e and available for inspection in
the office of the city clerk.
Secs. 2.107 — 2 - 115. Reserved.
ARTICLE VII. CHILDREN AND YOUTH
ADVISORY BOARD*
*Editor's note - Ord. No. 91 - 18, §§ 2 — 8, adopted
May 7, 1991, enacted provisions pertaining to a
children and youth advisory board. Such ordinance
did not specify manner of codification; hence,
inclusion as Art. VII, §§ 2 - 116 — 2 - 122, has been at
the editor's discretion.
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(Ord. No. 91 a - 18, § 3, 5 - 7 - 91; Ord. No. 99 - 33, § 1, 11 -
16 - 99) m
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Sec. 2 - 118. i Recommendations of board.
e
The board shall periodically advise the city s
commission of its findings with respect to the .
foregoing issues and shall make recommendations to
(5) Development of child and youth advocacy the city commission on any matter referred to it
within thirty (30) p days or within such time as
prescribed by the city commission by specific r
resolution. o
(Ord. No. 91 g - 18, § 4, 5 - 7 - 91)
2000 S - 12
Boynton Beach Code
40
Sec. 2 - 119. Organization. student membership, who may reside outside the city
limits.
(a) The children and youth advisory board shall (Ord. No. 91 - 18, § 7, 5 - 7 - 91; Ord. 96 - 42, § 1, 10 - 2 -
comprise seven (7) perman ent members, two (2) 9 6)
alternate members and three (3) student members,
two (2) to be regular voting members and one (1)
alternate, all to be appointed by the city commission. Sec. 2 - 122. Powers.
Of the members so appointed, three (3) shall be for a
term of three (3) years, two (2) shall be for a term of Nothing in this article shall be construed as
two (2) years, and two (2) shall be for a term of one restricting or curtailing any of the powers of the city
(1) year. Their successors shall be appointed for a commission, or as a delegation to the board of any of
term of two (2) years. Alternate members, as well as the authority or discretionary powers vested and
the three (3) student members, shall be appointed for imposed by law in the ci ty commission. The city
a period of one (1) year. commission declares that public interest, convenience
and welfare required the appointment of the board to
(b) Any member failing to attend two (2) of act in a purely advisory capacity to the city
three (3) successive meetings without cause and/or commission for the purposes set forth in this article.
without prior approval of the chairperson of the board Any powers delegated her e to the board to adopt rules
shall automatically forfeit his or her appointment. and regulations shall not be construed as a delegation
of legislative authority, but purely of administrative
(c) Any member of the board may be remo ved authority.
for cause in accordance with state law. The city (Ord. No. 91 - 18, § 8, 5 - 7 - 91)
commission shall promptly fill any vacancy.
(d) At the organizational meeting of the board Secs. 2 - 123 — 2 - 125. Reserved.
a chairperson and vice - chairperson shall be selected
by majority vote of the board. The chairperson and
vice - c hairperson shall be selected annually at the ARTICLE VIII. EDUCATION ADVISORY
May meeting of the board. BOARD*
(Ord. No. 91 - 18, § 5, 5 - 7 - 91; Ord. No. 93 - 30, § 1, 9 -
7 - 93) *Editor's note - Ord. No. 91 - 24, §§ 2 — 8, adopted
May 21, 1991, created the education advisory board.
Such provisions, being nonamendatory of the Code,
Sec. 2 - 120. Meetings. have been designated by the editor as Art. VIII, §§ 2 -
126 — 2 - 132.
The board shall meet regularly once a month or
more frequently if necessary, for the transaction of
business. Its meetings shall be open to the public. The Sec. 2 - 126. Creation.
board may establish its own meeting rules and
procedures for the conduct of its business. Four (4) The city commi ssion, in accordance with the
members shall constitute a quorum. powers vested in it, hereby creates and establishes an
(Ord. No. 91 - 18, § 6, 5 - 7 - 91) education advisory board. (Ord. No. 91 - 24, § 2, 5 - 21 -
91)
Sec. 2 - 121. Qualification.
Sec. 2 - 127. Duties.
Membe rs of the advisory board on children and
youth shall be residents of the city, with the The education advisory board shall act as a fact -
exception of one alternate non - voting member of the finding and advisory board on the following
1997 S - 5
Administration
41
issues and on such other issues as are, from Sec. 2 - 128. Recommendations of board.
time to time, designated by the city
commission by resolution: The board shall periodically advise the city
commission of its findings with respect to the
To assist city and local schools in: foregoing issues and shall make recommendations to
the city commission on any matter referred to it
(1) Recruiting volunteers to assist students within thirty (30) days or within such time as
before, during an d after school. prescribed by the city commission by specific
resolution.
(2) Contacting businesses within the (Ord. No. 91 - 24, § 4, 5 - 21 - 91)
geographical borders of Boynton Beach for
professional skills, materials, financial or
educational support for the schools. Sec. 2 - 129. Organization.
(3) Coordinating with local police department (a) The education advisory board shall
to improve safety for students before, comprise seven (7) perma nent members and two (2)
during and after school. alternate members, all to be appointed by the city
commission. Of the members so appointed, four (4)
(4) Coordinating with city's parks and shall be for a term of three (3) years and three (3)
recreation department to improve shall be for a term of two (2) years. Their successors
playgrounds at or near local schools. shall be appointed for a term of two (2) years.
Alternate members shall be appointed for a period of
(5) Contacting the Greater Boynton Beach one (1) year. There shall also be appointed two (2)
Chamber of Commerce, real estate groups, high school seniors, who must reside within the city
and other community groups fo r the limits of the City of Boynton Beach and who must
purpose of implementing programs at local attend a public school in Palm Beach County to serve
schools that benefit students from pre - K for a term of one (1) year, to be selected by the city
through grades 12 and vocational schools. commission. All terms shall expire in the month of
April. Student members of the Education Advisory
(6) Communicating with the school board of Board shall enjoy the right to vote, the same right that
Palm Beach County and its staff, and is currently enjoyed by regular voting members of the
advising the city commission as to the Children and Youth Advisory Board.
activ ities of the school board, and other
federal, state and local legislative bodies (b) Any member failing to attend two (2) of
which affect the needs of Boynton Beach three (3) successive meetings without cause and/or
students. without prior approval of the chairperson of the board
shall automatically forfeit his or her appointment.
(7) Developing public relations that highlight
successful programs within the schools and (c) Any member of the board may be removed
to help improve their image in con junction for cause in accordance with state law. The city
with local media. commission shall promptly fill any vacancy.
(8) Developing recommendations to the city (d) At the organizational meeting of the board a
commission for forwarding to the school chairperson and vice - chairperson shall be s elected by
board of Palm Beach County regarding majority vote of the board. The chairperson and
actions which may be taken in support of
schools in Boynton Beach and with respect
to proposed legislation a t the state level.
(Ord. No. 91 - 24, § 3, 5 - 21 - 91)
1999 S - 11
Boynton Beach Code
42
vice - chairperson shall be selected annually at the Secs. 2 - 133 — 2 - 140. Reserved.
May meeting of the board.
(Ord. No. 91 - 24, § 5, 5 - 21 - 91; Ord. No. 91 - 72, § 1,
10 - 1 - 91; Ord. No. 91 - 74, § 1, 11 - 5 - 91; Ord. No. 94 - ARTICLE IX. SENIOR ADVISORY BOARD
13, § 1, 6 - 7 - 94; Ord. No. 94 - 16, § 1, 6 - 21 - 94; Ord.
No. 99 - 22, § 1, 8 - 17 - 99)
Sec. 2 - 141. Creation.
Sec. 2 - 130. Meetings. The city commission, in accordance with the
powers vested in it, hereby creates and establishes a
The board shall meet regularly once a month, or senior advisory board. All r eferences to the elderly
more frequently if necessary, for the transaction of advisory board shall hereafter be construed to mean
business. Its meetings sha ll be open to the public. The the senior advisory board.
board may establish its own meeting rules and (Ord. No. 92 - 13, § 2, 6 - 2 - 92; Ord. No. 94 - 12, § 1, 6 -
procedures for the conduct of its business. Five (5) 7 - 94)
members shall constitute a quorum.
(Ord. No. 91 - 24, § 6, 5 - 21 - 91; Ord. No. 99 - 22, § 1, 8 -
17 - 99) Sec. 2 - 142. Duties.
The senior advisory board shall act as a fact -
Sec. 2.131. Qualification. finding and advisory bo ard on the following issues
and on such other issues as are, from time to time,
The members of the education advisory board designated by the city commission by resolution. [The
shall be residents of the city. Alternate members of advisory board shall] assist the elderly in:
the board may be non - residents of the city provided
the member has at least one child in a public school, (1) Setting up a retired senior volunteer
which is located within the geographical boundaries
o f the city.
(Ord. No. 91 - 24, § 7, 5 - 21 - 91; Ord. No. 94 - 13, § 1, 6 -
7 - 94; Ord. No. 97 - 06, § 1, 3 - 4 - 97)
Sec. 2 - 132. Powers.
Nothing in this article shall be construed as
restricting or curtailing any of the powers of the city
commission, or as a delegatio n to the board of any of
the authority or discretionary powers vested and
imposed by law in the city commission. The city
commission declares that public interest, convenience
and welfare required the appointment of the board to
act in a purely advisory ca pacity to the city
commission for the purposes set forth in this article.
Any powers delegated here to the board to adopt
rules and regulations shall not be construed as a
delegation of legislative authority, but purely a
delegation of administrative autho rity.
(Ord. No. 91 - 24, § 8, 5 - 21 - 91)
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1999 S - 11
Administration
43
(8) Provide recreation and social programs. Sec. 2 - 145. Meetings.
(Ord. No. 92 - 13, § 3, 6 - 2 - 92; Ord. No. 94 - 12, § 1, 6 -
7 - 94) The board shall meet quarterly on an “as
needed” basis for the transaction of business. Its
meetings shall be open to the public. The board may
Sec. 2 - 143. Recommendations of board. establish its own meeting rules and procedures for the
conduct of its business. Four (4) members shall
The board shall periodically advise the city constitute a quorum.
commission of it s findings with respect to the (Ord. No. 92 - 13, § 6, 6 - 2 - 92; Ord. No. 01 - 12, § 2, 3 -
foregoing issues and shall make recommendations to 6 - 01)
the city commission on any matter referred to it
within thirty (30) days or within such time as
prescribed by the city commission by specific Sec. 2 - 146. Qualification.
resolution.
(Ord. No. 92 - 13, § 4 , 6 - 2 - 92) The members of the senior advisory board shall
be residents of the City of Boynton Beach, Florida.
(Ord. No . 92 - 13, § 7, 6 - 2 - 92; Ord. No. 94 - 12, § 1, 6 -
Sec. 2 - 144. Organization. 7 - 94)
(a) The senior advisory board shall be
comprised of seven (7) permanent members and two Sec. 2 - 147. Powers.
(2) alternate members, all to be appointed by the city
commission. Of the members so appointed, four (4) Nothing in this article shall be construed as
shall be for a term of three (3) years, three (3) shall restricting or curtailing any of the powers of the city
be for a term of two (2) years. Their successors shall commission, or as a delegation to the board of any of
be appointed for a term of two (2) years. Alternate the authority or discreti onary powers vested and
members shall be appointed for a period of one (1) imposed by law in the city commission. The city
year. commission declares that public interest, convenience
and welfare required the appointment of the board to
(b) Any member failing to attend three (3) act in a purely advisory capacity to the city
meetings shall be notified that one additional absence commission for the purposes set forth in this article.
shall automatically forfeit his or her appointment to Any powers delegated here to the board to adopt rules
that board. and regulations shall not be construed as a delegation
of legislative authority, but purely a delegation of
(c) Any member of the board may be removed administrative authority. (Ord. No. 92 - 13, § 8, 6 - 2 -
for cause in accordance with state law. The city 92)
commission shall promptly fill any vacancy.
(d) At th e organizational meeting of the board Secs. 2 - 148 — 2 - 150. Reserved.
a chairperson and vice - chairperson shall be selected
by majority vote of the board. The chairperson and
vice - chairperson shall be selected annually at the
May meeting of the board.
(Ord. No. 92 - 13, § 5, 6 - 2 - 92; Ord. No . 94 - 12, § 1, 6 -
7 - 94)
2001 S - 15
Boynton Beach Code
44
ARTICLE X: PERSONNEL POLICY MANUAL (d) The Arts Commission may recommend
funding sources including private sources and grant
funds; encourage pub lic and private partnerships in
Sec. 2 - 151. Personnel policy manual adopted by the arts; review and make recommendations on
reference. proposals for art work for public buildings and public
spaces; encourage the flow of art into the city;
The City Commission of the City of Boynton stimulate art related activities and events; study issues
Beach, Florida, hereby formally adopts the Personne l related to art an d implement art programs as
Policy Manual, and all subsequent amendments delegated to it by the City’s Commission from time to
thereto, which document is designated as Exhibit A time.
of Ordinance No. 98 - 06, which is incorporated herein
as if set out in its entirety. (e) The Arts Commission shall periodically
(Ord. No. 98 - 06, 2 - 2 - 98; Ord. No. 98 - 34, § 1, 9 - 3 - 98; advise the City Commission of its findings or
Ord. 98 - 44, § 1, 12 - 1 - 98; Ord. No. 01 - 53, § 2, 10 - 2 - proposals with respect to the foregoing issues and
01; Ord. No. 02 - 031, § 1, 8 - 6 - 02) make recommendations to th e City Commission on
any matter referred to it within as much time
prescribed by the City Commission.
Secs. 2 - 152 — 2 - 153. Reserved. (Ord. No. 01 - 64, § 1, 1 - 2 - 02)
ARTICLE XI: ARTS COMMISSION Sec. 2 - 156. Organization.
(a) The Arts Commission shall consist of seven
Sec. 2 - 154. Creation of Commission. (7) regular members and two (2) alternate membe rs
and serve at the pleasure of the City Commission.
The City Commission, in accordance with the
powers vested in it, hereby creates and est ablishes the (b) All members of the Arts Commission shall
Boynton Beach Arts Commission, hereinafter be appointed by the City Commission for three - year
referred to as the “Arts Commission.” staggered terms. The two (2) alternate members shall
(Ord. No. 01 - 64, § 1, 1 - 2 - 02) be appointed to one - year terms. All members may be
r eappointed at the pleasure of the City Commission at
the termination of their appointment, with no limit as
Sec. 2 - 155. Purpose and duties. to the number of terms they may serve.
(a) The purpose of the Arts Commission is to (c) Appointees to the Arts Commission shall be
advise the City Commission on matters related to th e citizens or business owners preferably with the
arts, to develop a plan and programs to promote and following ba ckground: Artist, art volunteer/activist;
support art in public places, and to recommend planner; private developer; architect; neighborhood
guidelines and funding for implementation. association member; interested citizen.
(b) It shall be the duty of the Arts Commission (d) At the organizational meeting of the Arts
to act as an advisory board to the City Commission in Commission, a Chairperson and Vice - Chairperson
providin g advice on matters relating to the visual arts. shall be selected by majori ty vote of the Arts
Commission. The Chairperson and Vice - Chairperson
(c) The Arts Commission may develop a public shall be selected annually at the anniversary of the
art plan and program for the city. first meeting of the Arts Commission, or at the
November
meeting of the Arts Commission.
(Ord. No. 01 - 64, § 1, 1 - 2 - 02)
2002 S - 18
Administ ration
45
Sec. 2 - 157. Meetings. Nothing in this article shall be construed as
restricting or curtailing any of the powers of the City
The Arts Commission shall meet at an Commission, or as a delegation to the Arts
appropriate place and shall arrange a time for holding Commission of any of the authority or discretionary
regular meetings of the Arts Commission, and for powers ve sted and imposed by law in the City
such other meetings as shall be necessary, and it may Commission. The City Commission declares that
add to such rules of o rganization, regulation and public interest, convenience and welfare required the
procedure as it may deem necessary and determine appointment of the Arts Commission to act in a
the duties of its members and officers. Other purely advisory capacity to the City Commission for
specifications for conducting meetings, such as the the purposes set fort h in this article. Any power
number needed for a quorum, shall be in delegated here to the Arts Commission to adopt rules
conformance with F.S. § 166.041(4). and regulations shall not be construed as a delegation
(Ord. No. 01 - 64, § 1, 1 - 2 - 02) of legislative authority, but purely a delegation of
legislative authority.
(Ord. No. 01 - 64, § 1, 1 - 2 - 02)
Sec. 2 - 158. Powers.
2002 S - 17
Boynton Beach Code
46