Boynton15 Chapter 15
OFFENSES - MISCELLANEOUS*
Art. I. In General, §§ 15-1—15-25
Art. II. Litter, §§ 15-26—15-43
Art. III. Civil Emergencies, §§ 15-44—15-59
Art. IV. Diseased Plants, §§ 15-60—15-69
Art. V. Aircraft Landing Regulations,
§§ 15-70—15-79
Art. VI. Newsrack Regulations, §§ 15-80—15-95
Art. VII. Convenience Store Security,
§§ 15-98—15-110
Art. VIII. Nuisance Abatement, § 15-111—15-117
Art. IX. Community Appearance and
Maintenance, §§ 15-118—15-120
Art. X. Sexual Offender Residency Prohibition, §§ 15-121—15-124
Art. XI. No Fishing, §§ 15-125—15-127
*Cross references-Offenses relating to alcoholic beverages, Ch. 3; prohibited acts pertaining to library, § 12-7; offenses relating to motor vehicles and traffic, Ch. 14.
ARTICLE I. IN GENERAL
Sec. 15-1. Adoption of state misdemeanors.
It shall be unlawful for any person to commit, within the corporate limits of the city, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor,
and the commission of such acts is hereby forbidden and declared a violation of this section. Whosoever shall violate the provisions of this section, upon conviction thereof, shall be
punished by the same penalty as is provided therefor by the laws of the State of Florida, but in no case shall such penalty exceed a fine of five hundred dollars ($500.00) or a term
of imprisonment not in excess of one (1) year, or both such fine and imprisonment. (Code 1958, § 17-42.1; Ord. No. 79-33, § 1, 12-5-79; Ord. No. 80-43, § 1, 10-21-80; Ord. No. 85-45,
Attach. (b), 8-20-85)
Annotation-Adoption of state misdemeanors, including future enactments authorized, MacFarland v. Roberts, 74 So.2d 88 (Fla. 1954); Jaramillo v. City of Homestead, 322 So.2d 496 (Fla.
1975); State v. Smith, 189 So.2d 84 (Fla. 4th DCA 1966).
Sec. 15-2. Advertising matter; unauthorized
posting.
It shall be unlawful for any person to fasten, in any way, any show card, poster or other advertising device upon public or private property in the city unless legally authorized to
do so.
Sec. 15-3. Reserved.
State law reference-Section 15-3, relative to the distribution of circulars, throwaways and handbills, derived from Ord. No. 78-45, § 1, enacted Sept. 19, 1978, was repealed by Ord.
No. 82-22, § 2, adopted July 20, 1982.
Sec. 15-4. Failure to respond to lawful process.
It shall be unlawful and a violation of this Code for any person to fail to respond to or comply with any lawful process duly authorized or issued by any board, commission or other
city agency.
Sec. 15-5. Fireworks displays.
(a) Permit required. Fireworks displays shall be lawful only if held and conducted in accordance with permits issued pursuant to this section.
(b) Permit application. Application for a permit for a fireworks display shall be made in writing to the city manager at least fifteen (15) days in advance of the date of the display.
(c) Application referral. The application for a permit hereunder shall be referred by the city manager to the chiefs of the police and fire departments.
(d) Conditions for issuance. No permit required by this section shall be granted unless the operator is approved by both the chiefs of the police and fire departments, or unless the
chief of the fire department
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finds that the display is of such a character and is so located, and that the fireworks will be discharged or fired, so as not to be hazardous to property or endanger any person.
(e) Permits not transferable. Fireworks display permits shall not be transferable. (Code 1958, § 17-15)
Sec. 15-6. Reserved.
Editor's note-Ord. No. 85-45, Attach. (b), adopted Aug. 20, 1985, repealed § 15-6, which prohibited misrepresentation of age by minors and use of nonminors for illegal purposes. Such
section had been derived from the 1958 Code, § 17-24.
Sec. 15-7. Minors; secondhand or junk dealers
dealing with.
It shall be unlawful for any person licensed as a secondhand dealer, junkshop keeper, or house-to-house secondhand buyer, or any agent, employee or servant of such licensee, to buy
or accept personal property from any minor except that such licensee may purchase rags and wastepaper from such minors. (Code 1958, § 17-27)
Sec. 15-8. Noise control-Short title.
Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of “City of Boynton Beach Noise Control Ordinance.” (Ord. No. 85-16, § 2, 3-19-85)
Editor's note-Ord. No. 85-16, §§ 1, 2, adopted Mar. 19, 1985, provided for the repeal of § 15-8, noise, and enacted in lieu thereof new provisions relative to the same subject matter,
designated as §§ 15-8—15-8.8 to read as herein set out. Formerly, § 15-8 was derived from the 1958 Code, § 17-22.2, and Ord. No. 82-12, § 1, adopted May 18, 1982.
Sec. 15-8.1. Same-Purpose and space.
It is the purpose of sections 15-8 through 15-8.8 to prevent, prohibit and provide for the abatement of
excessive and unnecessary noise which may injure the health or welfare or degrade the quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply
to the control of all sound originating within the limits of this jurisdiction. (Ord. No. 85-16, § 2, 3-19-85)
Note-See the editor's note following § 15-8.
Sec. 15-8.2. Same-Terminology and standards.
All terminology used in sections 15-8 through 15-8.8, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or
its successor:
A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA.
Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures,
utilities or similar property, and excluding well pointing.
Decibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference
pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter).
Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces or similar property.
Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action.
Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1)
Offenses - Miscellaneous 3
second) in which the sound pressure level rises very quickly to a high before decaying to the background level.
L10 sound level. The sound level exceeded for more than ten (10) per cent of a measurement period which for the purposes of sections 15-8 through 15-8.8 shall not be less than ten (10)
minutes.
Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious
craft, water-ski towing devices, jet skis and hover craft.
Multifamily dwelling. A building or other shelter that has been divided into separate units to house more than one (1) family.
Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
Noise disturbance. Any sound in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere
with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities.
Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive activities include but are not limited to operations of schools, libraries
open to public, churches, hospitals and nursing homes.
Person. Any individual, association, partnership or corporation, and includes any officer, employee, department agency, or instrumentality of the United States, a state or any political
subdivision of a state.
Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane,
boat, car or rocket.
Public right-of-way. Any street, avenue,
boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity.
Public space. Any real property or structures thereon normally accessible to the public.
Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one-third octave band
sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third octave bands by five (5) dB for center
frequencies of 500 Hz and above and by eight (8) dB for center frequencies between 160 and 400 Hz and by fifteen (15) dB for center frequencies less than or equal to 115 Hz.
Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned,
rented or leased by another person, excluding intra-building real property divisions.
Residential area. An area of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels, motels,
apartment hotels, etc.
RMS sound pressure. The square root of the time averaged square of the sound pressure.
Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include
any characteristic of such sound including duration, intensity and frequency.
Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification
for sound level meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A-weighting shall apply.
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Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure
levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication
S1.4-1971, or its successor publications.
Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy.
Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (2 x 106N/m2).
The sound pressure level is denoted Lp or SPL and is expressed in decibels.
Weekday. Any day Monday through Saturday which is not a legal holiday. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 1, 3-4-86)
Sec. 15-8.3. Same-Program administration.
(a) The noise control program established by sections 15-8 through 15-8.8 shall be administered by the city manager, or his designee, of the City of Boynton Beach, Florida.
(b) For the purposes of section 15-8.8 and its enforcement, municipal employees or officials engaged in the measurement of noise, assessing compliance with such sections, making recommendations
for noise abatement, issuing noise violations citations, or giving evidence regarding noise violations shall have received formalized training on these subjects from institutions or
organizations of recognized ability and experience in environmental acoustics and noise control. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 2, 3-4-86; Ord. No. 89-16, § 1, 6-20-89)
Note-See the editor's note following § 15-8.
Sec. 15-8.4. Same-Inspections.
Upon presentation of proper credentials, the city manager or his designee, may enter and/or inspect any private property, place, report or records at any time when granted permission
by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of
competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.8 may exist. Such inspection may include administration of any necessary
tests. (Ord. No. 85-16, § 2, 3-19-85)
Note-See the editor's note following § 15-8.
Sec. 15-8.5. Noise control—Prohibited acts.
(a) Noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any noise disturbances.
(b) Specific prohibitions. The following acts, and the causing or permitting thereof in such a manner as to create a noise disturbance across a residential or commercial real property
line, or within a noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared to be a violation:
(1) Radios, televis
ion sets, and similar devices. Operating, playing or permitting the operation or playing of any radio, telev
ision, or phonograph, which produces or reproduces sound either mechanically or electronically.
(2) Loudspea
kers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6
(4) below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may
be physically attached to any motor vehicle.
(3) Street sales. Offering for sale, selling or advertising fo
r sale by shouting or outcry, anything within any area of the city.
Offenses - Miscellaneous 5
(4) Animals. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, meows, squawks or otherwise makes sounds which create a noise
disturbance.
(5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as
to cause a noise disturbance.
(6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays
during the times specified in section 15-8.8, or at any time during Sundays or legal holidays.
(7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including HVAC equipment, motors, engines, pumps, compressors,
fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(6).
(8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise disturbance.
(c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or propane powered generators is permitted during periods of power outage following natural
disasters and during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur during daylight hours on weekdays and only for the minimum amount
of time required by the manufacturer. Any person using a generator, except during periods of power outage following natural disasters, is subject to the restrictions on noise generation
as otherwise set forth in this chapter. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 3, 3-4-86; Ord. No. 89-23, § 1, 9-19-89; Ord. No. 91-8, § 3, 2-19-91; Ord. No. 06-058, § 2, 7-5-06)
Note-See the editor's note following § 15-8.
Sec. 15-8.6. Same-Exemptions.
The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5.
(1) Motor vehicles. Operating motor vehicle
noise enforcement procedures shall be as established in Chapter 316, Florida Statutes, and applicable rules
and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemptio
n shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by
section 15-8.5(b)(2).
(2) Aircraft and interstate railway and locomotives and cars. Noise generated by aircr
aft and interstate railway locomotives and cars are exempt from these provisions.
(3) Emergency activities.
Any noise generated as a result of emergency work or for the purpose of alerting the public to the existence
of an emergency situation.
(4) Public speaking and assembly. Any noise generated by any noncommercial publi
c speaking or public assembly activities conducted pursuant to lawful authority on any public space or right
-of-way, including sporting events.
(5) Domestic power tools and lawn maintenance equipment. Any noise gener
ated by the operation and use of domestic power tools and lawn maintenance equipment.
(6) Fixed mechanical e
quipment, noise generated by the operation and use of air conditioning units in residential districts.
(7) N
onamplified solo musical instrument played by an individual within a private residence between the hours of
9:00 a.m. and 8:30 p.m.
(8) Construction. The foregoing provisions of Section 15-8.5(a), (b) and subparagra
ph (6)
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of this Section shall not apply to municipal public works, emergency matters or matters having an effect on the public health, safety and welfare of the city in those zoning districts
of commercial and industrial, and where the noise disturbance across a residential property line would not exceed those sound limits set forth in Section 15-8.8 of this Article. (Ord.
No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 4, 3-4-86; Ord. No. 89-23, § 2, 9-19-89; Ord. No. 01-24, § 1, 6-5-01)
Note-See the editor's note following § 15-8.
Sec. 15-8.7. Same-Penalty for violation.
Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.8 shall be guilty of a misdemeanor of the second degree,
punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to prosecute such offenses. Each
day said violation continues shall be a separate offense. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 5, 3-4-86; Ord. No. 97-51, § 2, 11-18-97)
Note-See the editor's note following § 15-8.
Sec. 15-8.8. Same-Sound levels by receiving land
use.
(a) Sound limits established. No person shall operate or cause to be operated any source of sound as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6,
in such a manner as to create an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (10)
per cent of any measurement period which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the
receiving land use and as a result of a source of sound being located on some other property.
(b) L10 sound level limits. Permissible sound levels for sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound levels as defined herein.
For the purpose of these noise control provisions, such sound levels shall be determined using FAST meter responses:
Receiving Land L10 Sound Level
Use Category Time Limit (dB) A
Exterior Residential 7:00 a.m. to
10:00 p.m. 60
10:00 p.m. to
7:00 a.m. 55
Exterior Commercial At all times 65
Interior Residential 7:00 a.m. to
10:00 p.m. 50
10:00 p.m. to
7:00 a.m. 45
Interior Commercial At all times 55
(c) Maximum sound level limits. The maximum sound level from any applicable sound sources shall not exceed the L10 sound level limits by more than the values listed below:
10 (dB) A from 7:00
p.m. to 10:00 p.m.
5 (dB) A from 10:00 p.m. to 7:00 a.m.
(d) Pure tone and impulse noise. For any source of sound which emits a pure tone or an impulse noise, as defined herein, the sound level limits for L10 and maximum sound levels shall
be reduced by five (5) (dB) A. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 85-45, Attach. (b), 8-20-85; Ord. No. 86-3, § 6, 3-4-86; Ord. No. 86-14, § 1, 8-19-86)
Note-See the editor's note following § 15-8.
Sec. 15-9. Obstruction of passageways.
It shall be unlawful for any person to place or erect, upon any public way or passageway to any
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building, an obstruction of any type, provided this section shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding
the public.
(Code 1958, § 17-31)
Sec. 15-10. Sound control - Short title.
This section shall be known and may be cited by the short title of “City of Boynton Beach Sound Control Ordinance.”
(Ord. No. 01-55, § 1, 11-20-01)
Sec. 15-10.1. Purpose.
(a) It is the purpose of this section to preserve the peace and tranquility of residential neighborhoods by prohibiting excessively loud sound and by requiring abatement of excessively
loud sound.
(b) This section shall apply to the control of sound originating within the jurisdictional limits of the city without regard to the content, meaning, or message of the sound. It is
the express intent that enforcement of these regulations shall be content neutral.
(Ord. No. 01-55, § 1, 11-20-01)
Sec. 15-10.2. Terminology and standards.
All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required
by reference to a source more definitive than this code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI):
Apparent property line. The line along the surface, and its vertical plane extension, which separates one lot or parcel of property from another.
Decibel (dB). A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the
sound measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter).
Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action.
Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
National holiday. Those annual holidays designated in 5 U.S.C. 6103.
Person. Any individual, association, partnership or corporation, and includes any officer, employee, department agency, or instrumentality of the United States, a state or any political
subdivision of a state.
Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device.
Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include
any characteristic of such sound including duration, intensity and frequency.
Sound disturbance. Any sound which is:
(1) Plainly audible beyond a distance of twenty five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or
(2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty five feet (25) feet or further from the apparent property line
from which the sound emanates, in multi-family residential zoning districts.
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(3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning
district and is heard in a residential zoning district.
For purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey, rather an approximation of the property line may be used
taking into consideration physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment.
Weekday. Any day Monday through Friday.
Weekend. Saturday or Sunday.
(Ord. No. 01-55, § 1, 11-20-01)
Sec. 15-10.3. Administration.
The sound control program established by this section shall be administered by the City Manager, or his designee, of the City of Boynton Beach, Florida.
(Ord. No. 01-55, § 1, 11-20-01)
Sec. 15-10.4. Inspections.
Upon presentation of proper credentials, the City Manager or his designee, may enter and/or inspect any private property, place, report or records at any time when granted permission
by the owner, or by some other person with apparent authority to act for the owner.
(Ord. No. 01-55, § 1, 11-20-01)
Sec. 15-10.5. Prohibited acts.
No person shall make, continue or cause to be made or continued any sound disturbances, as defined herein, between the hours of 10:00 p.m. and 6:00 a.m on weekdays and between the hours
of 12:00 a.m. and 7:00 a.m. on weekends or national holidays.
(Ord. No. 01-55, § 1, 11-20-01)
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Sec. 15-10.6. Exemptions.
Sound emanating from the following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-10.5.
(1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway
Safety and Motor Vehicles.
(2) Aircraft and interstate railway and locomotives and rail cars. Sound generated by aircraft and interstate railway locomotives and rail cars.
(3) Emergency activities. Any sound generated as a result of emergency work or for the purpose of alerting the public to the existence of an emergency situation.
(4) Domestic power tools and lawn maintenance equipment. Any sound generated by the operation and use of domestic power tools and lawn maintenance equipment.
(5) Sound generated by the operation and use of air conditioning units in residential districts.
(6) Non-amplified solo musical instrument played by an individual within a private residence.
(Ord. No. 01-55, § 1, 11-20-01)
Sec. 15-10.7. Enforcement and Penalty.
(a) The City Code Enforcement Board shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged; or
(b) The city may enforce the provision of this Code by supplemental Code of Ordinance enforcement procedures as provided by F.S. Chapter 162, Part 2; or
(c) The city may prosecute violations by issuance of notices to appear for violation of a City Ordinance, in which case, the penalty for a violation shall be as follows:
Offenses - Miscellaneous 6C
(1) First violation - $50.00
(2) Second violation within twelve (12) months of adjudication of first violation - $100.00
(3) Third violation within eighteen (18) months of adjudication of first violation - $500.00
Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine.
(d) A violation of this Article may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his or her name against
the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the
terms and conditions of F.S. Chapter 60, entitled Abatement of Nuisances.
(e) Violations of this Article may be enforceable by arrest.
(f) For the purpose of this section, any person owning or having responsibility for management of a business premises, however temporarily, any performer or disc jockey producing sound
upon any business premises, any person playing, producing or controlling music, or other sound, any person having control of the volume of music or sound, and the business as named on
the business tax receipt where the music or sound is emanating may be jointly and severally liable for compliance with this Article and shall be responsible for any violations hereof.
(g) No citation or notice to appear for a violation of this section shall be issued until a law enforcement officer or code enforcement officer has made contact with the owner, occupant
or operator of the property from which the offending sound emanates to request abatement of the offending sound. When a request for abatement is made and the offending sound
is not immediately abated, or if it resumes within ninety (90) minutes following initial abatement, or occurs again within three (3) days, a citation or notice to appear may issue without
additional request for abatement.
(Ord. No. 01-55, § 1, 11-20-01; Ord. No. 06-096, § 2, 1-2-07)
Sec. 15-11. Stench bombs and other offensive
matter.
(a) It shall be unlawful for any person in the city to throw, drop, pour, deposit or discharge upon the person or property of another any liquid, gaseous or solid substance which is
injurious to persons or property or which is nauseous, sickening, irritating or offensive to any of the senses with intent to wrongfully injure, molest, discomfort, discommode or coerce
another in the use, management, conduct or control of his person or property; or to attempt, or aid in the attempt or commission of any of these prohibited acts.
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(b) It shall be unlawful for any person in the city to manufacture or prepare or have in his possession or under his control, any liquid, gaseous or solid substance or matter of any
kind which is injurious to person or property, or which is nauseous, sickening, irritating or offensive to any of the senses with the intent to use the same in violation of subsection
(a) or with intent that the same shall be used in violation of subsection (a). The possession or control by any person of any such liquid, gaseous or solid substance or matter shall
be deemed prima facie evidence of intent to use the same or cause the same to be used in violation of subsection (a).
(c) The prohibitions of subsections (a) and (b) above shall not apply to police officers acting in the line of duty or to proprietors of business places or their employees using such
substances for the protection of their property and their business places when the substances referred to herein are kept solely for the purpose of repelling robbers, thieves, murders
or other law violators.
(Code 1958, § 17-43)
Sec. 15-12. Switchblade knives.
It shall be unlawful for any person to sell, offer for sale or display any knife or knives having the appearance of a pocket- knife, the blade of which can be opened by a flick of a
button, pressure on the handle or other mechanical devices. Such knife is hereby declared to be a dangerous or deadly weapon and shall be subject to forfeiture to the city.
(Code 1958, § 17-44)
Sec. 15-13. Throwing stones or missiles.
It shall be unlawful for any person to throw any stone or any other missile, upon or at any vehicle, building, tree or other public or private property, or upon or at any person in
any public or private way or place or enclosed or unenclosed ground.
(Code 1958, § 17-46)
Sec. 15-14. Weapons; possession or discharge.
(a) It shall be unlawful for any person within the city limits to have in his possession, except within his own domicile, or carry, use, fire or discharge a revolver or pistol of any
description, shotgun or rifle which may be used for the explosion of cartridges, or any air gun, BB gun, gas-operated gun or spring gun, or any instrument, toy or weapon, commonly known
as a “peashooter,” “slingshot” or “beany,” or any bow made for the purpose of throwing or projecting missiles of any kind by any means whatsoever, whether such instrument is called by
any name set forth above or by any other name.
(b) The prohibition of this section shall not apply to licensed shooting galleries or in private grounds or premises under circumstances when such instrument can be fired, discharged
or operated in such a manner as not to endanger persons or property, and also in such manner as to prevent the projectile from traversing any grounds or space outside the limits of such
gallery, grounds or residence; and further provided that nothing herein contained shall be construed to prevent the concealed carrying of any type of gun whatsoever when unloaded and
properly cased, to or from any range or gallery or to or from an area where hunting is allowed by law.
(c) The prohibition of this section shall not be construed to forbid United States marshals, sheriffs, constables and their deputies, and any regular, special or ex officio police officer,
or any other law enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the proper discharge of their duties.
(Code 1958, § 17-49)
Cross reference-Possession, use of weapons in beaches, parks, § 16-53.
State law reference-Weapons generally, F.S. Ch. 790.
Sec. 15-15. Window peeping.
It shall be unlawful for any person to look, peep into, or be found loitering around or within view of,
1998 S-8
8 Boynton Beach Code
any window not on his own property with the intent of watching or looking through such window.
(Code 1958, § 17-55)
State law reference-Loitering and prowling and prowling generally, F.S. § 856.021.
Sec. 15-16. Mandatory street numbers on allbuildings.
(a) The owners and/or occupants of all properties having a building within the city limits shall install and maintain in a conspicuous place a correct street number of sufficient size,
shape and character, to be visible and readable from the adjacent street. All existing single family and multi-family units and commercial structures shall have exterior identification/numbering
as set forth in subsections E.16 and F.13 of the Land Development Regulations of the City of Boynton Beach, Chapter 20, Section 8, subsections E.16 and F.13.
(b) The owner and/or occupants of any building located by the city building department or the police department without a number or an incorrect number shall be notified by mail that
they should place the correct number on the house within sixty (60) days after receiving notice.
(c) The terms and provisions of this section shall be applicable to all apartments, condominiums or rental units within multifamily districts where the entrance to said unit is visible
from the public right-of-way.
(d) Any person who fails to comply with the provisions of this section following the aforesaid notice shall be in violation of the City Code.
(e) The provisions of this section shall be enforceable by a complaint initiated by any city police officer or building department inspector and shall be prosecuted in front of the
city's code compliance board.
(f) The fire department and police department with the aid of other city departments shall establish and maintain a map of the city, reflecting the numbers on buildings
herein provided.
(Ord. No. 82-15, § 1, 8-3-82; Ord. No. 97-51, § 2, 11-18-97; Ord. No. 04-018, § 3, 4-7-04)
Cross reference-Code compliance board, § 2-72 et seq.
Sec. 15-17. Commercial establishments, after-hours operation.
(a) It shall be unlawful for any person to operate a commercial establishment, or otherwise be open for business, without an employee on duty and physically on the premises between
the hours of 10:00 p.m. and 7:00 a.m.
(b) Commercial establishments which are not contiguous to a residential zoning district or which are completely enclosed within a building are specifically exempted from the prohibition
in subsection (a).
(Ord. No. 87-42, § 1, 12-1-87)
Sec. 15-18. Graffiti.
Graffiti shall mean any message, slogan, word, symbol, or drawing made on any public or private surface without the express permission of the owner of such surface.
(a
) It shall be unlawful for any person to paint or mark any public or private property without the consent of
the respective owner of said property.
(b) It shall be unlawful for any person, firm, public agency or util
ity owning or acting as manager or agent for the owner of property whether privately or publicly owned, to p
ermit the application of or fail to remove
2004 S-22
Offenses - Miscellaneous 9
any graffiti from the property within thirty (30) days of receipt of notice from the city to remove such graffiti.
(c) Any person convicted of violating subsection (a) or (b) above shall be subject to penalties and fines not to exceed five hundred dollars ($500.00).
(d) In addition to any punishment, the court shall order the defendant to make restitution to the victim for damage or loss caused directly or indirectly by the defendant's offense in
a reasonable amount or manner to be determined by the court.
(Ord. No. 94-08, § 1, 4-5-94)
Sec. 15-19. Non-smoking areas.
(a) The City Commission of the City of Boynton Beach, Florida hereby recognizes and supports the legislative intent which was the basis for the Florida Clean Indoor Air Act (F.S. §
386.202).
(b) The City Commission of the City of Boynton Beach, Florida does designate all indoor city facilities, including common areas, as non-smoking areas.
(Ord. No. 98-30, §§ 1, 2, 8-4-98)
Secs. 15-20—15-25. Reserved.
ARTICLE II. LITTER*
*Cross reference-Garbage, trash and offensive conditions generally, Ch. 10.
State law reference-Florida litter law, F.S. § 403.413.
Sec. 15-26. Defined.
For the purpose of this article, “litter” shall mean garbage, trash and all rubbish and wastes such as
paper, wrappings, cigarettes, cigars, cardboard, tin cans, containers, wood, glass and other materials of any kind.
(Code 1958, § 17-41)
Sec. 15-27. Prohibited generally.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection,
or in the official city sanitary landfill areas.
(Code 1958, § 17-41)
Sec. 15-28. Sweeping, depositing into gutters or
public places.
No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk
or driveway.
(Code 1958, § 17-41)
Sec. 15-29. Throwing from vehicles.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property.
(Code 1958, § 17-41)
Sec. 15-30. In bodies of water.
No person shall throw or deposit litter in any fountain, pond, lake, bay or any other body of water in a park or elsewhere within the city.
(Code 1958, § 17-41)
Cross reference-Polluting park waters, § 16-26.
Sec. 15-31. On occupied private property.
No person shall throw or deposit litter on any occupied private property within the city, whether
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10 Boynton Beach Code
owned by such person or not, except that the owner or person in control of private property may deposit such household trash or litter in designated areas of said private property for
collection as provided elsewhere in this Code.
(Code 1958, § 17-41)
Sec. 15-32. On vacant property.
No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not.
(Code 1958, § 17-41)
Cross reference-Depositing refuse on vacant property, § 10-24.
Sec. 15-33. Prevention of scattering of loads.
No person shall drive, propel, operate, move or cause to be driven, propelled, operated or moved, any truck or other vehicle within the city while transporting ashes, fuel, cinders,
sand, gravel, paper, garbage, trash, rubbish, wastes, litter or other similar substances without using a tarpaulin, tailgate or other device, if necessary, to prevent any litter or other
materials from being dropped, scattered, blown or deposited upon any street, alley or other public place within the city.
(Code 1958, § 17-41)
Secs. 15-34—15-43. Reserved.
ARTICLE III. CIVIL EMERGENCIES*
*State law reference-Local declaration of states of emergency, F.S. § 870.042 et seq.
Sec. 15-44. Definitions.
As used in this article:
A civil emergency is hereby defined to be:
(1) A riot or unlawful assembly characterized by
the use of actual force or violence or any threat to use force if accompanied by immediate power to execute
by three (3) or more persons acting together without authority of law.
(2) Any natural disaster or man-made
calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the city, resultin
g in the death or injury of persons or the destruction of property to such an extent that extraordinary meas
ures must be taken to protect the public health, safety and welfare.
Curfew is hereby defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant
premises within the city, excepting persons officially designated to duty with reference to said civil emergency.
(Code 1958, § 6A-1)
Sec. 15-45. Proclamation; regulations authorized.
Whenever, in the judgment of the mayor, or in the event of his inability to act, the vice-mayor, or in the event of his inability to act, any two (2) city councilmen, or in the event
of their inability to act, the city manager, determines that an emergency exists as a result of mob action, civil disobedience, or other emergency situation, causing damage or injury
to persons or property, he shall have power to impose by proclamation any or all of the following regulations necessary to preserve the peace and order of the city:
(a) T
o impose a curfew upon all or any portion of the city thereby requiring all persons in
2004 S-22
Offenses - Miscellaneous 10A
such designated curfew areas to forthwith remove themselves from the public streets, alleys, parks or other public places; provided, however, that physicians, nurses and ambulance operators
performing medical services, utility personnel maintaining essential public services, firemen and city authorized or requested law enforcement officers and personnel may be exempted
from such curfew.
(b) To order the closing of any business establishments anywhere within the city for the period of the emergency, such businesses to include, but not be limited to, those selling intoxicating
liquors, cereal malt beverages, gasoline or firearms.
(c) To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles and pedestrian traffic.
(d) To call upon regular and auxiliary law enforcement agencies and organizations within or without the city to assist in preserving and keeping the peace within the city.
(e) Such other orders as are imminently necessary for the protection of life and property.
(Code 1958, § 6A-2)
Sec. 15-46. Filing, publication of emergency measures.
Any state of emergency or emergency measure declared or ordered and promulgated pursuant to this article shall, as promptly as practicable, be filed in the office of the city clerk
and delivered to appropriate news media for publication and radio and television broadcast thereof. If practicable, such state of emergency shall be published by other means such as
by posting and loudspeakers.
State law reference-Similar provisions, F.S. § 870.046.
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10B Boynton Beach Code
Offenses - Miscellaneous 11
Sec. 15-47. When proclamation effective.
The proclamation of emergency provided herein shall become effective upon its issuance. (Code 1958, § 6A-3)
Sec. 15-48. Termination; extension.
Any emergency proclaimed in accordance with the provisions of this article shall terminate after seventy-two (72) hours from the issuance thereof, or upon the issuance of a proclamation
determining an emergency no longer exists, whichever occurs first; provided, however, that such emergency may be extended for such additional periods of time as determined necessary
by resolution of the governing body. (Code 1958, § 6A-4)
State law reference-Similar provisions, F.S. § 870.047.
Sec. 15-49. Violations.
Any persons who shall fail or refuse to comply with the orders of duly authorized law enforcement officers or personnel charged with the responsibility of enforcing this article or
the regulations of the proclamation of emergency authorized herein shall be in violation of this Code. (Code 1958, § 6A-5)
Secs. 15-50—15-59. Reserved.
ARTICLE IV. DISEASED PLANTS
Sec. 15-60. Definitions.
As used in this article:
Abatement is the procedure of treating a diseased plant to render the plant harmless to other plants to the satisfaction of the department, or entirely removing the plant from the property
and causing the same to be disposed of.
Department is the public works department of the city.
Plant disease is any fungus, bacteria, virus, parasitic plant, blight (such as lethal yellowing in palm trees), or other organism injurious to plants, including any state of development
of such organism which is communicable and injurious to plants, other than the host plant.
Plants are trees, shrubs, vines, forage, and the cuttings, grafts, scions, buds, and other parts of plants, including the fruit, vegetables, roots, bulbs, seeds and other produces of
plants.
Property owner is any person who:
(1) Owns the fee simple title to realty in the city; or
(2) Leases from the owner realty
located in the city, the lease period being for a duration of two (2) years or longer.
If the real property involved is being managed in an estate, or by a guardian or other personal representative of the owner or lessee, then property owner shall include such administrator,
executor, personal representative, or guardian, for the purposes of complying with the provisions of this article. (Ord. No. 79-14, § 1, 5-16-79)
Sec. 15-61. Presence of diseased plants declared
nuisance.
The presence of a diseased plant anywhere in the city, on public or private property, is hereby declared a public nuisance which may be abated as such in accordance with the provisions
of this article. (Ord. No. 79-14, § 2, 5-16-79)
Sec. 15-62. Procedure.
(a) Notice to abate. Whenever it comes to the attention of the department that any public nuisance as above defined exists in the city, a notice in writing shall be served upon the
property owner of the property where the nuisance exists, notifying such person of the existence of the nuisance and requesting its abatement within the time specified in this article.
12 Boynton Beach Code
The property owner shall be given thirty (30) days to abate the nuisance.
(b) Responsibility for abatement. Upon receipt of the aforesaid written notice, the property owner shall be responsible for the abatement of the public nuisance. In the event of abatement
by the city, the property owner shall be liable for all expenses incurred in such removal.
(c) Notice procedure. It shall constitute legal and sufficient notice when a copy of the notice is posted in a conspicuous place on the plant constituting the nuisance, or at some other
place on the property which is conspicuous to one using the property. Members of the department, or their authorized representatives or agents, are hereby authorized to enter private
property at reasonable times, having announced their reason for entry to persons thereon, for the purpose of inspecting plants for plant disease, and for the posting of the notices aforesaid.
(d) Content of notice. The written notice shall specify the time within which the nuisance must be abated either by treatment or removal, not to exceed thirty (30) days from the date
of the notice. Such notice shall be dated and shall describe the particular plant believed to carry a plant disease, the date of its examination, and the common name of the plant disease.
The notice shall further indicate that the property owner has the right to a hearing before the city council to protest the designation of such plant as a public nuisance, and give proof
of such contention.
(e) Request for hearing. The property owner may file with the city clerk a written request for a hearing before the city council within the period of compliance described in the written
notice. The hearing shall be held as soon as practicable after the filing of the request, and the time for compliance shall be stayed from the date of request until such hearing. The
property owner shall have full opportunity at such hearing to present evidence that the plant designated as a public nuisance is not, in fact, a public nuisance. The city council shall
either affirm or deny the designation of the plant as a public nuisance, and make such other direction as it deems appropriate.
(f) Abatement of nuisance. In the event the city council has required abatement pursuant to a hearing, the property owner shall cause the nuisance to be abated to the satisfaction of
the department within ten (10) days after the hearing. In the event the plant is not timely treated or removed by the property owner, the department shall have the authority to enter
the private property and cause the plant to be treated or removed therefrom. (Ord. No. 79-14, § 3, 5-16-79)
Sec. 15-63. Refusing to permit entry.
It shall be unlawful and punishable pursuant to section 1-6 of this Code of Ordinances, for any person to knowingly refuse to allow a member of the department, or its representative
or agent, who has announced his reason for entry, to enter upon private property at a reasonable time for the purpose of enforcing the provisions of this article. (Ord. No. 79-14, §
4, 5-16-79)
Sec. 15-64. Abatement by city; assessment and
lien.
(a) In the event the city abates a nuisance as herein described on private property, the city shall assess the actual costs of such abatement, including administrative costs, if any,
against the property on which the nuisance was located. Such assessment shall be filed in the office of the tax collector, and thereupon entered as an assessment lien against such real
property.
(b) Such assessment shall be a lien against the land and premises against which the same is made, from the date of the assessment of the costs thereof by the city council; and such
lien is hereby declared to be prior and prior in dignity, to all other liens against such property, save and except a lien for taxes. Such lien shall become due and payable on or before
six (6) months from its assessment, and shall bear interest at the rate of eight percent (8%) per annum until paid.
(c) The authority is hereby reserved unto the city council to determine the reasonableness of all complaints arising out of this assessment procedure. (Ord. No. 79-14, § 5, 5-16-79)
Offenses - Miscellaneous 13
Sec. 15-65. Council may waive provisions of
article.
The city council is hereby authorized to waive the requirements and provisions of this article when it shall appear that unusual circumstances exist or undue hardship would occur to
the property owner by its strict enforcement. (Ord. No. 79-14, § 5, 5-16-79)
ARTICLE V. AIRCRAFT LANDING
REGULATIONS*
*Editor's note-Ord. No. 85-13, § 1, adopted Feb. 19, 1985, provided for the addition to the Code of provisions designated by the city as Art. V §§ 15-70, 15-71, to read as herein set
out.
Sec. 15-70. Aircraft and helicopter landings at
authorized locations only.
(a) No person owning, piloting or operating any aircraft or helicopter shall land the same or permit the same to be landed in the City of Boynton Beach, except at an approved airport
or helistop location. This provision shall not apply in the event of an emergency involving the safety of any helicopter or aircraft or its passengers, nor in those instances where the
aircraft or helicopter is involved in the performance of rescue, search, law enforcement, medical evacuation, or civil defense duties.
(b) It shall be unlawful for any owner or lessee of real property located within the City of Boynton Beach to permit any aircraft to land on or take off from such property unless authorized
as set forth herein, except under emergency conditions where human life or property is in clear and imminent danger. (Ord. No. 85-13, § 1, 2-19-85)
Sec. 15-71. Spot landing approvals; regulations.
The city manager, or his designee, shall have the authority to grant temporary approval for spot landings of airplanes, helicopters, or other aircraft at
specific locations, provided the following criteria are fully complied with:
(1) The applicant desiring such approval shall subm
it a written application to the city which shall describe fully the time and place of the proposed landing,
the purpose, the type of aircraft to be used, the pilot, the applicable insurance coverage, and all crowd co
ntrol measures to be employed to safeguard the safety of life and property at the site. The applicant shall
agree to reimburse the city for all reasonable costs incurred on the applicant's behalf, including the cost
of any police officers which may be required for crowd control.
(2) The applicant shall agree in writing to
indemnify the city against all risk of loss from any cause for injury or death to any person or for property
damage arising out of the landing approval requested, and shall provide liability insurance coverage for bo
dily injury, including death, and property damage, naming the city as an additional insured in limits as pre
scribed by the city manager, or his designee.
(3) The applicant shall establish to the satisfaction of the c
ity manager, or his designee, by clear and convincing proof, that no risk to the safety of pedestrian or mot
or vehicle traffic or to the residents of the area in question may be reasonable considered to be involved.
(4) The landing of the aircraft and the subsequent take-off after completion of the activities shall be supe
rvised by a police officer of the City of Boynton Beach, who shall remain in attendance on the ground locati
on during the entirety of the proposed operation. The applicant shall reimburse the city for the reasonable
cost of any such police supervision. (Ord. No. 85-13, § 1, 2-19-85)
Secs. 15-72—15-79. Reserved.
14 Boynton Beach Code
ARTICLE VI. NEWSRACK REGULATIONS*
*Editor's note-Inasmuch as Ord. No. 88-28, §§ 1-9, adopted June 7, 1988, did not specify manner of inclusion in the Code, such provisions have been designated by the editor as Art.
VI, §§ 15-80—15-88.
Sec. 15-80. Short title.
This article shall be known and cited as the “newsrack ordinance.” (Ord. No. 88-29, § 1, 6-7-88)
Sec. 15-81. Rules of construction.
For the purposes of administration and enforcement of this article, unless otherwise stated in this article, the following rules of construction shall apply to the text of this article.
(1) In case of any difference of meaning or implication between the text of this article and any caption, illustration, summary table, or illustrative table, the text shall control.
(2) The word “shall” is always mandatory and not discretionary; the word “may” is permissive.
(3) Words used in the present tense shall include the future and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates
the contrary.
(4) The phrase “used for” includes “arrange for”, “designed for”, “maintained for” or “occupied for”.
(5) The word “person” includes an individual, corporation, a partnership, an incorporated association, or any other similar legal entity.
(6) Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction
“and”, “or”, or “either . . . or”, the conjunction shall be interpreted as follows:
a. “
And” indicates that all the connected terms, conditions, provisions, or events shall apply.
b. “Or” indicate
s that the connected items, conditions, provisions, or events may apply singly or in any combination.
c. “Ei
ther . . . or” indicates that the connected items, conditions, provisions or events shall [apply] singly, bu
t not in combination.
(7) The word “includes” shall limit a term to the specified example, but is intended t
o extend its meaning to all other instances or circumstances of like kind or character. (Ord. No. 88-29, § 2
, 6-7-88)
Sec. 15-82. Definitions.
[As used in this article, the following words and terms shall have the meaning ascribed thereto:]
Advertising circular: Any publication that contains only advertising and no news reports.
Bike path: That portion of a right-of-way improved, designed, or ordinarily used for bicycle traffic.
Distributor: The person responsible for placing and maintaining the newsrack, the owner of the newsrack, or the publisher of the newspaper, news periodical or advertising circular vended
therein.
Newsrack: Any self-service or coin-operated box, container, storage unit or other dispenser located, placed, installed, used, or maintained for the display, sale or distribution of
newspapers or other news periodicals or advertising circulars.
Right-of-way: That area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited
Offenses - Miscellaneous 15
to, roadways, swales, bike paths and sidewalks.
Roadway: That portion of the right-of-way improved, designed, or ordinarily used for vehicular traffic.
Sidewalk: Any surface within a right-of-way provided for the primary use of pedestrians.
Swale: Any area within a right-of-way which is not either a bike path, sidewalk, or roadway. The term shall also include any area within a roadway which is not open to vehicular traffic.
(Ord. No. 88-29, § 3, 6-7-88)
Sec. 15-83. Authority and legislative intent.
This article is adopted pursuant to the authority granted to municipalities under Article VIII, Section 2, Florida Constitution, and Chapter 166, Florida Statutes. This article is intended
solely to further the public's health, safety and general welfare by insuring that newsracks are located so as to protect both pedestrians and the operators of motor vehicles and bicycles
and is in no way intended to regulate or obstruct the free flow of information by the “press” or other print media. (Ord. No. 88-29, § 4, 6-7-88)
Sec. 15-84. Standards for maintenance,
installation, location and placement.
Any newsrack located in whole or in part within the city limits of the City of Boynton Beach shall comply with the following standards:
(1) No newsrack shall be used for advertising signs or publicity purposes other than to state the name of the newspaper or news periodical sold therein.
(2) Each newsrack shall be maintained in a clean, neat and attractive condition and in good repair at all times.
(3) Each newsrack shall have affixed to it in a readily visible place, the name, address and telephone number of the distributor of the newsrack.
(4) No newsrack shall be used or maintained if it pro
jects onto, into or over, any part or any roadway or bicycle path or rests wholly or in part upon or over an
y portion of any roadway or bicycle path.
(5) No person shall install, use or maintain any newsrack which in
whole or in part, rests upon, in or over any public right-of-way or other public property which such instal
lation, use or maintenance endangers the safety of persons or property or when such site or location is used
for public utility purposes, public transportation purposes, or other government use, or when such newsrack
interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any
residence, place of business, or any legally parked or stopped vehicle or the use of poles, posts, traffic
signs, or signals, hydrants, mail boxes or other objects permitted at or near said location when such newsra
ck interferes with the maintenance of any sidewalk or swale by the use of mechanical machinery or when such
newsracks interfere with the ordinary use of public property.
(6) No newsrack shall be permitted in any city
maintained swale when placement of said newspaper rack interferes with the maintenance or integrity of the
swale.
(7) No newsrack shall exceed fifty-four (54) inches in height, twenty-seven (27) inches in width or e
ighteen (18) inches in depth.
(8) Newsracks placed adjacent to a wall of a building shall be placed parallel
to such wall and not more than six (6) inches from the wall.
(9) No newsrack may be chained, bolted or othe
rwise attached to any fixture located in the right-of-way when such chaining, bolting or other attachment su
bstantially increases dangers to the safety of persons or property.
16 Boynton Beach Code
(10) No newsrack shall be chained, bolted or otherwise attached to any property or to any permanently fixed object not owned by the owner of the newsrack unless the consent of the owner
of such property or object is obtained, in writing.
(11) Newsracks may be placed, chained or otherwise attached to one another, however, no more than three (3) newsracks may be joined or placed together in this manner and a space of
no less than eighteen (18) inches shall separate each group of three (3) racks so attached.
(12) No newsrack or group of attached newsracks allowed under subsection (11) of this section shall weigh in the aggregate in excess of one hundred twenty-five (125) pounds when empty.
(13) No newsrack shall be placed, installed, used or maintained:
a. Within three (3) feet of any marked crosswalk.
b. Within fifteen (15) feet of the curb return of any unmarked crosswalk.
c. Within three (3) feet of any fire hydrant, fire call-box or other emergency facility.
d. Within three (3) feet of any driveway.
e. Within fifteen (15) feet of any sign marking a designated bus stop.
f. At any location whereby the clear space for the passageway of pedestrians is reduced to less than six (6) feet.
(14) No more than one (1) newsrack containing the same issue or edition or the same publication shall be located within the same block, or one thousand (1,000) feet, whichever is the
lesser distance, on the same side of the street. Provided, however, a distributor may locate newsracks in excess of this limitation by
demonstrating a public need for the excess newsracks. A public need may be establishe
d by the following method, but such method is not exclusive. After notice to the city, the distributor may m
onitor the sales activity of the newspaper at a particular location for a period of one (1) month. If, durin
g that one-month test period, the distributor can demonstrate that the average circulation from that newsrac
k equals or exceeds seventy- five (75) percent of the capacity of the newsrack, then a public need is establ
ished and an additional newsrack may be placed at the location. Provided, further, this limitation shall not
apply in any area that is predominately developed for business or commercial purposes.
(15) The placement of all newsracks in this city shall comply with a
ll local and state handicap accessibility regulations. (Ord. No. 88-29, § 5, 6-7-88)
Sec. 15-85. Liability and hold harmless.
The owner of each newspaper rack shall execute a document approved as to form by the city attorney agreeing to hold the city, its officers, employees and agents free and harmless from
any claim, demand or judgment in favor of any person arising out of the location of any newsrack located upon, in or over a public right-of-way or other public property and deposit with
the city manager a certificate of insurance evidencing that a liability insurance policy in minimum amounts set by the city commission has been issued, naming the city as an additional
insured and containing a provision that the policy cannot be canceled, except upon five (5) days' written notice to the city of the fact of such cancellation. If such insurance is canceled
at any time during the time the newsrack is installed or maintained on public property, said newsrack shall be removed in accordance with the provisions of this article. (Ord. No. 88-29,
§ 6, 6-7-88)
Offenses - Miscellaneous 17
Sec. 15-86. Newsracks located on private property.
Any newsrack located totally on private property shall also be subject to and comply with the provisions of this article contained in section 15-84(1), (2), and (3). The distributor
shall receive written permission of property owner for placement of newsracks on private property.
(Ord. No. 88-29, § 7, 6-7-88)
Sec. 15-87. Abandonment.
In the event a newsrack remains empty for a period of thirty (30) continuous days, it shall be deemed abandoned and may be treated in the manner as provided in section 15-88 for newsrack
in violation of the provisions of this article.
(Ord. No. 88-29, § 8, 6-7-88)
Sec. 15-88. Enforcement of newsrack provisions.
(a) Upon the determination of the city manager or his designee that a newsrack has been installed, used or maintained in violation of the provisions of this article, notice of violation
pursuant to Chapter 2, Article V of the Code of Ordinances of the City of Boynton Beach shall be issued to the distributor of the newsrack. In addition, a copy of the notice shall be
posted on the offending newsrack.
(b) Failure to properly correct the offending condition within the time specified by order of the code compliance board after proper notice and hearing shall entitle the city to remove
the offending newsrack. If the offending newsrack is not properly identified as to the distributor under provisions of section 15-84(3) hereof and the distributor is not otherwise known,
a notice of violation may be posted thereon, and if the offending condition is not corrected within thirty (30) days, it shall be removed by the city. Any newsrack removed herein shall
be stored by the city at the distributor's expense for a period of ninety (90) days. The newsrack shall be released to the distributor upon a proper showing of ownership and payment
of all storage charges. In the event the newsrack is not claimed within the
ninety-day period, the newsrack is not claimed within the ninety-day period, the newsrack may be sold at public auction and the proceeds applied first to storage charges and then paid
to the city. At least ten (10) days prior to the auction the city clerk shall publish a description of the newsrack, the location from which it was removed, and a notice of the auction
in a newspaper of general circulation in the city and shall provide the distributor, if it has been properly identified on the newspaper rack, pursuant to section 15-84(3) or if otherwise
known, with written notice of the auction by certified mail, return receipt requested.
(c) In the event a newsrack distributor has been ordered by the code compliance board to correct a violation of this article, the removal of the newsrack shall be stayed pending final
disposition of an appeal, if any, to the circuit court as provided for in the code compliance board ordinance (section 2-72 et seq.) and Chapter 162, Florida State Statutes.
(d) In the event of an emergency, such as a severe storm, in which the newsrack may become a dangerous instrumentality by virtue of the natural forces of catastrophe, all newsracks
which are not securely bolted down must be removed by the owners thereof upon notification by the city that such an emergency is expected in the City of Boynton Beach area. If the newsrack
is not removed by the owner thereof, the city may remove said newsrack pursuant to this section.
(Ord. No. 88-29, § 9, 6-7-88; Ord. No. 89-24, § 1, 9-19-89; Ord. No. 97-51, § 2, 11-18-97)
Secs. 15-89—15-95. Reserved.
ARTICLE VII. CONVENIENCE STORE
SECURITY*
*Editor's note-Ord. No. 90-55, §§ 1—5, adopted Nov. 20, 1990, enacted provisions pertaining to convenience store security. Inasmuch as such provisions did not specify manner of codification,
they have been designated by the editor as Art. VII, §§ 15-96—15-100.
1998 S-8
18 Boynton Beach Code
Sec. 15-96. Short title.
This article shall be known as and may be cited as “The Convenience Store Security Ordinance of the City of Boynton Beach, Florida.”
(Ord. No. 90-55, § 1, 11-20-90)
Sec. 15-97. Definition of convenience store.
As used in this article, the term “convenience store” means any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods, and gasoline
and services, that is regularly open for business at any time between the hours of 10:00 p.m. and 5:00 a.m., and that is attended during such hours by one (1) employee. The term “convenience
store” does not include a store which is solely or primarily a restaurant. The term also does not include any store in which the owner and members of his or her family work in the store
between the hours of 10:00 p.m., and 5:00 a.m.
(Ord. No. 90-55, § 2, 11-20-90)
Sec. 15-98. Requirements.
Each convenience store located within the municipal boundaries of the city shall:
(1) Be equipped with the following security devices:
a. A silent alarm that notifies a private security agency that a robbery is taking place;
b. A security camera system capable of returning an image to assist in the identification and apprehension of a robber; and
c. A drop safe or cash management device that provides minimum access to the facility's cash receipts;
(2) [Provide] lighted parking lots illuminated at an intensity of two (2) footcandles per square foot with a uniformity ratio of no more than five to one (5:1) at eighteen (18) inches
above the surface;
(3) Post a conspicuous sign in the convenience store entrance which states that the cash register
contains fifty dollars ($50.00) or less;
(4) Maintain window signage so that there is a clear and unobstructed
view of the cash register and transaction area;
(5) Prohibit window tinting on the windows of the establishme
nt if such tinting reduces exterior or interior viewing during the hours of operation to which this article is
applicable;
(6) Install height markers at the entrance of the establishment which display height measures fro
m the floor;
(7) Establish a cash management policy to limit the amount of available cash on hand between the
hours of 9:00 p.m. and 6:00 a.m.; and
(8) Install safety enclosures constructed of bullet-proof glass or, in t
he alternative, provide two (2) employees to be on duty at the same time.
(Ord. No. 90-55, § 3, 11-20-90)
Sec. 15-99. Training of employees.
No later than June 30, 1991, the owner or principal operator of a convenience store shall provide proper robbery deterrence and safety training to at least its employees who work between
the hours of 9:00 p.m., and 6:00 a.m. The convenience store owner or operator may utilize a training program of his or her choice; however, said program must be submitted in writing
to the attorney general for approval.
(Ord. No. 90-55, § 4, 11-20-90)
Sec. 15-100. Noncompliance.
(a) Should any convenience store fail to comply with any of the provisions of this article, a fee shall be
2004 S-22 Repl.
Offenses - Miscellaneous 19
assessed at the maximum rate allowed by law, not to exceed five thousand dollars ($5,000.00) per violation as provided in subsection (b).
(b) If noncompliance with this article is corrected within ten (10) days alter receipt of written notice of noncompliance, no fee will be assessed. However, any owner or principal operator
of a convenience store who wilfully and deliberately violates the requirements of this article shall be required to pay to the city, upon a complaint filed by the city with the city
code enforcement board, a civil fine of up to five thousand dollars ($5,000.00). (Ord. No. 90-55, § 5, 11-20-90)
Secs. 15-101—15-110. Reserved.
ARTICLE VIII. NUISANCE ABATEMENT*
*Editor's note-Ord. No. 92-48, §§ 1—7, adopted Oct. 8, 1992, enacted provisions pertaining to nuisance abatement. Inasmuch as such ordinance did not specify manner of codification,
inclusion herein as Art. VIII, §§ 15-111—15-117, has been at the discretion of the editor.
Cross references-Qualifications for appointment to boards, etc., generally, § 2-16; community relations board, § 2-101; children and youth advisory board, § 2-116; education advisory
board, § 2-126 et seq.
Sec. 15-111. Title.
This article shall be known as the “Boynton Beach City Nuisance Abatement Ordinance.”
(Ord. No. 92-48, § 1, 10-8-92)
Sec. 15-112. Definition.
For the purposes of this article, the following definitions shall control:
2004 S-22
(a) Public nuisance: Any place or premises within Palm Beach County which has been used on mor
e than two occasions, within a six (6) month period:
(1) As the site of the unlawful sale, delivery, manufactu
re or cultivation of any controlled substance;
(2) On one occasion as the site of the unlawful possession of a
controlled substance, where such possession constitutes a felony and that has been previously used on more th
an one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled subs
tance;
(3) As the site of a violation of Florida Statute 796.07; or
(4) Any place or building used by a youth
and street gang for the purpose of conducting a pattern of youth and street gang activity as defined in Florid
a Statute Chapter 874.
(b) Controlled substance: Any substance named or described in Schedules 1 through 5 of
Florida Statute 893.03. Including any sub-stance sold in lieu of a controlled substance in violation of Florid
a Statute 817.563, or any imitation controlled substance defined in Florida Statute 817.564.
(c) Board: The Co
de Compliance Board of the City of Boynton Beach.
(d) City attorney: The legal counsel for the City of Boynton
Beach, or his or her assistant city attorney or designee.
(e) Clerk: The city clerk of the City of Boynton Be
ach or his or her designee.
20 Boynton Beach Code
(f) Sale or Delivery: The actual, constructive or attempted transfer of possession.
(g) Youth and street gangs: “Youth and street gangs” means a formal or informal ongoing organization, association, or group of three (3) or more persons who:
(1) Have a common name or common identifying signs, colors, or symbols;
(2) Have members or associates who, individually or collectively, engage in or have engaged in a pattern of youth and street gang activity.
(h) Pattern of youth and street gang activity: “Pattern of youth and street gang activity” means the commission, attempted commission, or solicitation, by any member or members of a
youth and street gang of two (2) or more felony or violent misdemeanor offenses on separate occasions within a three-year period, for the purpose
of furthering gang activity.
(Ord. No. 92-48, § 2, 10-8-92; Ord. No. 96-02, § 1, 2-20-96)
Sec. 15-113. Reserved.
Sec. 15-114. Processing of complaints.
(a) Any employee, officer, or resident of the city may bring a complaint before the board by filing a request for prosecution with the city attorney. The request for prosecution shall
be made under oath on a form prescribed by the city attorney. A copy of the request for prosecution shall be served by registered mail, return receipt delivery to the owner of the real
property on which the complained [of] activity is occurring and on the holder of the business tax receipt of any business located on the property.
(b) When a request for prosecution has been received, the city attorney shall determine whether the request contains sufficient allegations to establish that a public nuisance as defined
in this article exists on the premises. Upon such determination, the city attorney shall notify the police chief and the owner of the property, and in the case of a business the holder
of the business tax receipt, that a request for prosecution has been received by the city and that the city attorney has determined that the petition is sufficient. The police department
shall monitor the property for thirty (30) days prior to the city attorney requesting a hearing before the nuisance abatement board. If the police chief certifies that the public nuisance
alleged in the affidavit has ceased during the thirty-day monitoring period, the city attorney may decline prosecution of the complaint. In the event of such declination, the city attorney
shall notify the complainant.
If the city attorney determines that the request is insufficient, the city attorney shall notify the complainant.
(c) The board, through its clerk, shall schedule a hearing; a written notice of the hearing shall be sent to the owner of the real property on which the alleged nuisance is occurring
and the holder of the business tax receipt for any business located on the property. Additionally, a copy of the notice of hearing shall be hand-delivered to any occupant of the premises,
provided the occupant is above the age of fifteen (15) years. The clerk shall give at least five (5) days prior notice of any scheduled hearing.
(d) The aforesaid notice of hearing shall include:
(1) A notice of the time and place of the hearing;
(2) A statement of le
gal authority and jurisdiction under which the hearing is to be held;
2007 S-28
Offenses - Miscellaneous 21
(3) A reference to the particular sections of the statutes and ordinances involved;
(4) A short and plain statement summarizing the incidents complained of; and
(5) A notice that any person requiring a verbatim transcript of the hearing must arrange for their own court reporter.
(Ord. No. 92-48, § 4, 10-8-92; Ord. No. 06-096, § 2, 1-2-07)
Sec. 15-115. Conduct of hearing.
(a) The city attorney shall present cases before the board. All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross examination
and submit rebuttal evidence and to be represented, the opportunity to present testimony, provided said testimony is made under oath. The board may consider any evidence, including evidence
of the general reputation of the place or premises. All testimony shall be under oath and shall be recorded. Former rules of evidence shall not apply, but fundamental due process shall
be observed and shall govern the proceedings. Orders of the board shall be based on competent and substantial evidence, and the finding that a nuisance exists must be based on a “preponderance
of the evidence” standard.
(b) After considering all evidence, the board may declare the place or premises to be a public nuisance as defined by this article and may enter an order immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises including the closure of the place or premises or any part thereof; or
(3) The conduct, operation or maintenance of business or activity on the premises which is conducive to such nuisance.
All orders of the board shall be by motion approved by a majority of those members present and voting. The order shall be prepared by the city attorney and signed by the chairperson
or vice chairperson of the board.
(c) An order entered under subsection (b) shall expire alter one (1) year, or at such earlier time as stated in the order. The board may maintain jurisdiction to modify its order prior
to the expiration of the order.
(d) The police chief or his designees shall assist the board in carrying out any legal authorized order rendered pursuant to this article. Orders of the board may be enforced pursuant
to the procedures set forth in Florida Statute 120.69.
(e) In the event that orders of the board expire and/or are not complied with, or for any reason are ineffective, the board may then bring a complaint under Section 60.05 Florida Statutes,
seeking a permanent injunction against any public nuisance described in this article.
(f) A certified copy of the Nuisance Abatement Board order may be recorded in the public records of Palm Beach County, Florida, and shall constitute notice to any subsequent purchasers,
successors in interest or assigns if the violation concerns real property and the finding therein shall be binding upon the violator and, if the violation concerns real property, any
subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records of Palm Beach County pursuant to this subsection and the order is complied with
by the date specified in the order, the Nuisance Abatement Board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing before the Nuisance
Abatement Board is not required to issue a Board order acknowledging compliance.
(g) If the City prevails in prosecuting a case before the Nuisance Abatement Board, it shall recover all costs incurred in investigating and prosecuting the case before the board.
(Ord. No. 92-48, § 5, 10-8-92; Ord. No. 96-02, § 2, 2-20-96; Am. Ord. 98-05, § 1, 2-2-98)
2007 S-28
22 Boynton Beach Code
Sec. 15-115.5. Fines for noncompliance with orders; duration of lien.
(a) The Code Compliance Board, upon notification by the City that an order of the Board has not been complied with by set time or, upon finding that a repeat violation has been committed,
may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the Code Compliance Board for compliance or in the
case of a repeat violation, for each date a repeat violation continues beginning with the date the repeat violation is found to have occurred by the City. A fine imposed pursuant to
this section shall not exceed $250.00 per day for the violation and shall not exceed $500.00 per day for a repeat violation. The total fines imposed pursuant to this section shall not
exceed $5,000.00.
(b) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the property upon which the violation exists.
A lien arising from a fine imposed pursuant to this section runs in favor of the City and the City may execute a satisfaction or release of a lien entered pursuant to this section.
The City shall be entitled to collect all costs incurred in the recording of and filing of a satisfaction of a valid lien. Upon petition to the circuit court, such order may be enforced
in the same manner as a court judgment by the sheriffs of this state, including levy against personal property, but shall not be deemed a court judgment except for enforcement purposes.
(c) After three (3) months from the filing of any lien that remains unpaid, the Code Compliance Board may authorize the City Attorney to foreclose upon the lien. No lien created pursuant
to the provisions of this chapter may be foreclosed on real property which is "homestead" under Article X, Section 4 of the State of Florida Constitution.
(d) No lien provided by this chapter or under the authority of Sections 162.01 et seq., Florida Statutes, shall continue for a period of longer than twenty (20) years after the certified
copy of an order imposing a fine has been recorded, unless within that
time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a line, the prevailing party is entitled to recover all costs,
including reasonable attorneys' fees that it incurs in the foreclosure proceeding. The continuation of the lien effected by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is filed.
(e) Nothing contained herein shall prohibit the City from enforcing its codes or ordinances by any other means.
(Ord. 98-05, § 2, 2-2-98; Ord. No. 04-009, § 3, 3-16-04)
Sec. 15-116. Judicial review.
Any person aggrieved by any ruling or order of the board may seek review by petition for Writ of Certiorari in the Circuit Court of Palm Beach County. A petition for Writ of Certiorari
shall be filed within thirty (30) days from the date of the written order appealed from and shall proceed in accordance with the Florida Rules of Appellate Procedure.
(Ord. No. 92-48, § 6, 10-8-92; Ord. No. 96-02,§ 3, 2-20-96)
Sec. 15-117. Rights preserved.
This article does not restrict the right of any person to proceed under either Section 60.05 or Section 823.05 Florida Statutes, against any public nuisance.
(Ord. No. 92-48, § 7, 10-8-92)
ARTICLE IX. COMMUNITY APPEARANCE
AND MAINTENANCE
Sec. 15-118. Purpose.
The purpose of this article is to define, and generally improve the quality of life by prohibiting,
2004 S-22
Offenses - Miscellaneous 23
abating, suppressing and preventing all things detrimental to the health, comfort, safety, convenience, visual aesthetics and welfare of the inhabitants of all zoning districts within
the municipal limits of the city.
(Ord. No. 96-25, § 1, 4-2-96)
Sec. 15-119. Definitions.
For the purpose of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein when not inconsistent with the text. Words used in the
present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
Nuisance: For the purposes of this article, the term “nuisance” is defined to mean any condition or use of property or of the exterior of buildings which is detrimental to the property
of others or which causes or tends to cause substantial deterioration in the value of the subject property or other property in the neighborhood or area in which such property or building
is located.
(Ord. No. 96-25, § 1, 4-2-96)
Sec. 15-120. Minimum standards for appearance and maintenance of public property and private property.
(a) Streets and sidewalks. The owner(s) of all real property within the city abutting a public or private street or sidewalk shall not permit and it shall be unlawful to permit the
growth of grass, weeds, or other flora into or over such street or sidewalk, and such owners(s) shall not allow a tree(s) or any part thereof to extend over a street or sidewalk below
a height of ten (10) feet or the roots of a tree to break or raise up such street or sidewalk, or allow a tree or any part thereof to extend over a road, street or right-of-way below
a height of fourteen (14) feet.
(b) Swales, rights-of-way and alleys.
(1) The owner(s) of all real property within the city abutting a public or private swale,
right-of-way or alley shall not permit and it shall
be unlawful to permit the growth of a tree growing in the adjacent swale, right-of-way or alley or any part t
hereof to extend over a street or sidewalk below a height of ten (10) feet or the roots thereof to break or ra
ise up the contiguous street or sidewalk, or allow a tree or any part thereof to extend over a road or right-o
f-way below a height of fourteen (14) feet.
The preceding paragraph shall also require property owners to main
tain swales and shoulders which lie between a property line and the pavement edge of an adjacent public street
, except where the swale or shoulder is regularly maintained by the city, Palm Beach County, or other governme
nt agency.
(2) It is unlawful for any person to place or cause to be placed any object or thing known to modify the design, function or shape of swales, ri
ghts-of-way or alleys, on, over, or across any swale, right-of-way or alley, except the following:
a. Grass,
sod, soil or dirt;
b. Floral ground cover, shrubbery or trees - provided approval is granted from the city's Utility Department and Development Departme
nt for shrubbery and trees located within swales, rights-of-way or alleys;
c. Postal mail boxes meeting the criteria of the U.S. Post Office.
d. Solid objects made of metal, concrete, plastic,
or similar materials protruding no more than three and one-half (3½) inches above the ground, having a diamet
er no greater than eight (8) inches at their widest points, having flat or rounded top surfaces, with each of
such objects being placed no less than five (5) feet apart.
2005 S-23
24 Boynton Beach Code
(c) Waterways.
(1) The owner(s) of all real property within the city abutting a waterway shall not permit and it shall be unlawful to permit the accumulation thereon of grass or weeds which attain
a height of twelve (12) inches or more.
(2) The owner(s) of all real property within the city abutting upon a waterway shall not permit and it shall be unlawful to permit trees on their respective properties to grow over
the waterways (unless ten (10) feet above the water surface) or limbs, fronds, coconuts, or other debris to fall therefrom into such waterways. This shall not apply to species protected
by the state unless removal of such species has been approved by the state.
(3) The owner(s) of the bottom of waterways within the city shall not permit and it shall be unlawful to permit the growth of subsurface aquatic weeds above the surface of the water
or to an extent that they affect public stormwater drainage in the waterway.
(d) Front, side and rear open and/or landscaped areas of private property.
(1) Open and/or landscaped area maintenance: This includes, but is not limited to:
a. The keeping or deposition (depositing) on, or the scattering over the premises of any junk, trash, debris, construction materials not being actively used for construction, abandoned,
discarded or derelict objects or equipment, including but not limited to automobiles, trucks, buses, motorcycles, bicycles, furniture, major and minor appliances, trailers, cans or containers.
b. The failure to keep or maintain all lots, fences, sheds, steps, driveways
and other premises in any district clean, sanitary and free from weeds or overgrowth o
r deterioration.
c. The keeping, maintaining, propagation, existence or permitting of any thing, by any person or entity, by which the lif
e or health of any person or persons may be threatened or impaired, or by which or through which, directly or
indirectly, disease may be caused, or the environment of any person or place rendered unclean or unsanitary by
the act of another or others.
d. The total areas void of landscaping or xeriscape ground covers shall not exceed one hundred (100) square feet of any
pervious area visible from a public or private right-of-way, excluding alleys abutting rear yards. When such “
dead spots” occur, they will be sodded or seeded to reestablish grass, landscaping or groundcover.
e. Open and/or landscaped areas of the city, on d
eveloped properties, shall be covered by a lawn which shall be maintained at a height not to exceed twelve (12
) inches.
f. Irrigation systems shall be maintained in good working order to provide complete coverage.
g. Pervious surfaces without irrigation systems shall utilize drought-tolerant grass,
shrubbery with mulch or wood chips, or other drought-tolerant species so that they may be restored to a unifor
m green appearance as soon as weather conditions permit. Lawns which have died from lack of water or other cau
ses shall be reseeded or sodded. This requirement shall not apply to areas covered by pavement, areas that are
covered by shellrock, limerock, gravel, decorative stone or any other dust-free surface, or areas
2005 S-23
Offenses - Miscellaneous 25
covered by landscaping, mulch or wood chips, which are regularly renewed and kept free of weeds.
h. Trees, and shrubs shall be trimmed and pruned and the property owner shall be responsible for maintaining said trees and shrubs in accordance with subsections (a), (b) and (c) of
this section.
(2) Prohibition against nuisances: The owner(s) of all real property within the city shall not permit a nuisance as defined by this article and it shall be unlawful to permit a nuisance
to exist on its property such as: placing, depositing, leaving or dumping any debris, refuse, trash, rubbish, junk, garbage, ashes, broken articles or waste material of any kind or nature
on private property, or to create thereby an attraction for animals, insects or vermin, or to the deterioration of any structure or to create thereby a nuisance as defined in this article
or to place in jeopardy, the health, safety and welfare of the citizens of the city. This shall not preclude placing of trash at curb-side for pick up by sanitation vehicles.
(e) Exterior of buildings and structures.
(1) The owner(s) of all real property within the city shall not permit and it shall be unlawful to permit the deterioration of the exterior of a building to become a nuisance as defined
by this article.
(2) Building exterior maintenance: For the exterior of any buildings and structures, a nuisance is declared to exist if the owner or tenant of real property permits the exterior of
a dwelling to deteriorate to the point where:
a. 20% or more of the paint is blistered and peeling or missing, or rotted on the exterior non-fenestrated building surface area, including but not limited
to, facia boards, eaves, siding; or awnings, garage
s, carports.
b. 20% or more of the roof surface materials such as, shingles, tiles or any other roofing materials are loose or missing.
c. fenestrable areas, such as windows, doors,
screens, i.e. broken glass, screening, rails and styles are deteriorated.
(Ord. No. 96-25, § 1, 4-2-96; Ord. No. 04-078, § 2, 10-4-04)
ARTICLE X. SEXUAL OFFENDER RESIDENCY PROHIBITION
Sec. 15-121. Findings and intent.
(a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety.
Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported,
and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
(b) It is the intent of this article to serve and to protect the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city
by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing
temporary or permanent residence.
(Ord. No. 05-035, § 2, 7-19-05)
2006 S-25
26 Boynton Beach Code
Sec. 15-122. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Permanent residence" means a place where the person abides, lodges, or resides for 14 or more consecutive days.
"Temporary residence" means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's
permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the
person's permanent residence.
(Ord. No. 05-035, § 3, 7-19-05)
Sec. 15-123. Penalties; exceptions.
(a) It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, or 847.0145, regardless of whether adjudication has been withheld, in which
the victim of the offense was less than 16 years of age, to establish a permanent residence or temporary residence within two thousand five hundred (2,500') feet of any school, designated
public school bus stop, day care center, park, playground, or other place where children regularly congregate.
(b) It is unlawful for any person who is required to register as a sexual predator or sexual offender under the laws of the state, to establish a permanent residence or temporary residence
within two thousand five hundred (2,500') feet of any school, designated public school bus stop, day care center, park, playground, or other place where children regularly congregate.
(c) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence
or temporary residence to the nearest outer property line of a school, designated public school bus stop, day care
center, park, playground, or other place where children regularly congregate.
(d) Penalties. A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment;
for a second or subsequent conviction of a violation of this section, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment in the county jail not more than
12 months, or by both such fine and imprisonment.
(e) Exceptions. A person residing within two thousand five hundred (2,500') feet of any school, designated public school bus stop, day care center, park, playground, or other place
where children regularly congregate does not commit a violation of this section if any of the following apply:
(1) The person established the permanent residence prior to July 1, 2005.
(2) The person was a minor when he/she committed the offense and was not convicted as an adult.
(3) The person is a minor.
(4) The school, designated public school bus stop or day care center within two thousand five hundred (2,500') feet of the person’s permanent residence was opened after the person
established the permanent residence.
(Ord. No. 05-035, § 4, 7-19-05; Ord. No. 06-048, § 2, 6-6-06)
Sec. 15-124. Property owners prohibited from renting real property to certain sexual offenders and sexual p
redators; penalties.
(a) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence
by any person prohibited from establishing such permanent residence or temporary residence pursuant to this Code, if such place, structure, or part thereof, trailer or other
2006 S-26
Offenses - Miscellaneous 27
conveyance, is located within two thousand five hundred (2,500') feet of any school, designated public school bus stop, day care center, park, playground, or other place where children
regularly congregate.
(b) A property owner's failure to comply with provisions of this section shall constitute a violation of this section and shall subject the property owner to the code enforcement provisions
and procedures as provided for in this Code of Ordinances, including the provisions that allow the city to seek relief as otherwise provided by law.
(Ord. No. 05-035, § 5, 7-19-05)
ARTICLE XI. NO FISHING
Sec. 15-125. Fishing prohibited.
Fishing in areas designated as "No Fishing" areas by the City Commission and posted as such is prohibited.
(Ord. No. 06-059, § 2, 7-5-06)
Sec. 15-126. Penalty.
A violation of this article of the code of ordinances is punishable by a fine of $50.00.
(Ord. No. 06-059, § 2, 7-5-06)
Sec. 15-127. Designated no fishing areas.
The areas bounded by the north right-of-way line of Boynton Beach Boulevard and the south right-of-way line of Boynton Beach Boulevard, where Boynton Beach Boulevard intersects with
the Intracoastal Waterway and along the public promenade area of Boynton Beach Boulevard extended from a point eight hundred and twenty-five (825') feet east of the east line of Federal
Highway to a point one thousand three hundred fifty (1,350') feet east of the east line of Federal Highway are hereby designated a "No Fishing" area. The City Commission may, by resolution,
designate additional "No Fishing" areas.
(Ord. No. 06-059, § 2, 7-5-06)
2006 S-27
28 Boynton Beach Code