boyntonchr PART I
CHARTER*
Art. I. In General, §§ 1—14
Art. II. City Commission, §§ 15—37
Art. III. Municipal Court, §§ 38—48
Art. IV. Administration, §§ 49—71
Art. IVA. Merit System For Personnel, §§ 72—72.13
Art. V. Revenue and Taxation, §§ 73—129
Art. VI. Reserved
Art. VII. Elections, §§ 138—155
Art. VIII. Public Improvements and Assessments, §§ 156—169
Art. IX. Contracts and Leases of Beach Property, §§ 170—171
*Editor's note-The present Charter of the city was enacted by Laws of Fla. 1947, Ch. 24398, which has been amended frequently both by special acts and by ordinances.
The sections of the original act (Ch. 24398, 1947) filed in the office of the Secretary of State were misnumbered by omission of section number 77. The printers of the Special Acts
of 1947 corrected this error by renumbering starting with § 77. However, they omitted section number 155. Consequently, the section numbers of the original act and those in the published
Special Acts of 1947 agree from §§ 1—76 and from § 156 on.
In preparing the 1958 Code of Ordinances of the City, the editors reorganized the charter into articles and renumbered its sections. The editors of this compilation have adopted the
same organization and numbering used by their predecessors. However, note that the source of each section is shown in parentheses following the section.
Words and phrases have been added in brackets where necessary to clarify meaning.
Ord. No. 87-4, §§ 1—3, adopted Feb. 3, 1987, provided that the name and title of the legislative body of the city be changed from “city council” to “city commission” and that all references
within the Charter and Code of Ordinances to the terms city council or councilman shall be synonymous to the terms city commission or city commissioner until such time as recodification
of the Charter and Code of Ordinances is required; see also, §§ 1—2 and 2—1.1 of the Code of Ordinances. Prior to such recodification, the above
noted changes will be made in the Code as pages are necessarily updated through the supplement service pursuant to the city's instructions; and such changes will be made in the Charter
only as prescribed by subsequent amendments to specific sections.
ARTICLE 1. IN GENERAL
Sec. 1. Reserved.
Editor's Note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 1 pertaining to the abolition of existing government. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 1.
Sec. 2. Title to property reserved.
That the rights, title, ownership of property, uncollected taxes, dues, claims, judgments, decree, choses in action, held and owned by the municipality of the City of Boynton Beach,
County of Palm Beach, State of Florida, shall pass to and be vested in the new municipal corporation hereby created and established to succeed such municipality. (Laws of Fla. 1947,
Ch. 24398, § 2)
Sec. 3. Obligations unimpaired.
That the present territory which is responsible for the bonds, contracts, judgments, and debts of the City of Boynton Beach and all property included therein shall be held responsible
for and be bound for all of said bonds, contracts, judgments, and debts now held against said city. That no obligations or contracts of said municipality hereby abolished, including
bonds heretofore issued, or any proceeding heretofore begun for any improvement, or for the borrowing of money, or issuing of bonds, or for the refunding of bonds, shall be impaired
or avoided by this Act. (Laws of Fla. 1947, Ch. 24398, § 3)
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Sec. 4. Officers hold until successors qualify;
existing laws continued.
That all the officers heretofore elected or appointed and holding office under the old City of Boynton Beach, Palm Beach County, Florida, shall continue to hold their respective offices
and to discharge the duties thereof until their successors are elected and qualified under the provisions of this Act; and all existing laws and ordinances of the said municipality not
in conflict with the provisions of this Act shall continue unimpaired and of binding effect until repealed, amended or modified by the municipality hereby created and organized.
(Laws of Fla. 1947, Ch. 24398, § 4)
Sec. 5. Establishment of new municipality.
The Municipality to be known and designated as the City of Boynton Beach is hereby established, organized and constituted in the County of Palm Beach, State of Florida, and the inhabitants
of the City of Boynton Beach, Florida, within the boundaries hereinafter described and designated or within such boundaries as may hereinafter be established, is hereby created, organized
and established, and shall continue to be a body politic and corporate under the name of the City of Boynton Beach, and as such shall have perpetual succession, may use a common seal,
may contract and be contracted with, and may sue and be sued, plead and be impleaded in all the courts of this state and in all matters whatsoever.
(Laws of Fla. 1947, Ch. 24398, § 5)
Sec. 6. Boundaries.
Editor's note-The boundaries of the city were described originally by Laws of Fla. 1947, Ch. 14398, § 6, as amended by Laws of Fla. 1955, Ch. 30588, § 1; Laws of Fla. Ch. 61-1888, §
1; and Laws of Fla. Ch. 68-81. Said 1968 act completely redescribed the boundaries. Further annexations have been made by the following ordinances:
Ord. No. Date Ord. No. Date
62-7 6-4-62 72-17 6-20-72
62-8 6-4-62 72-20 8-1-72
62-15 9-17-62 72-21 8-15-72
63-37 1-6-64 72-27 11-7-72 64-4 3-2-64 73-44 11-6-73
64-5 3-2-64 74-9 4-16-74
65-17 5-17-65 74-31 9-17-74
65-18 5-17-65 74-34 10-1-74
65-21 6-1-65 75-6 3-4-75
65-35 8-16-65 76-10 4-23-76
69-8 4-7-69 (Date
recorded)
70-4 3-2-70 78-9 4-10-78
70-7 3-16-70 (Date
recorded)
70-25 9-29-70 78-14 4-18-78
72-16 6-20-72 78-39 9-19-78
78-40 9-19-78 88-11 4-5-88
79-11 4-3-79 88-27 8-16-88
79-17 8-7-79 88-48 12-6-88
80-9 7-15-80 88-49 12-6-88
81-29 9-15-81 88-50 12-6-88
82-14 7-6-82 89-10 6-20-89
82-26 10-6-82 89-14 6-20-89
82-27 10-6-82 89-25 10-3-89
82-32 10-6-82 89-35 10-17-89
82-33 10-6-82 89-42 12-5-89
82-34 10-6-82 89-44 12-5-89
82-35 10-6-82 90-25 9-5-90
82-38 11-16-82 90-61 12-18-90
82-39 11-16-82 90-62 12-18-90
82-40 11-16-82 90-63 12-18-90
82-49 11-16-82 90-64 12-18-90
83-2 3-15-83 91-56 8-20-91
83-46 1-17-84 92-14 6-2-92
83-49 1-3-84 92-61 1-5-93
83-52 1-3-84 93-11 6-1-93
84-3 2-21-84 93-40 12-7-93
84-15 4-3-84 93-43 12-7-93
84-24 7-3-84 93-46 12-7-93
84-55 1-5-85 93-49 12-7-93
85-15 3-5-85 93-55 12-7-93
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Ord. No. Date Ord. No. Date
86-7 6-3-86 86-18 9-3-86
86-19 9-3-86 86-20 9-3-86
86-21 9-3-86 86-22 9-3-86
86-40 12-16-86 86-41 12-16-86
87-44 12-15-87 87-45 12-15-87
93-59 12-7-93 93-62 12-7-93
93-65 12-7-93 93-68 12-7-93
94-32 10-18-94 94-35 10-18-94
94-41 10-18-94 94-44 10-18-94
94-53 1-3-95 95-11 6-6-95
95-14 6-20-95 95-17 6-6-95
98-19 7-7-98 98-27 7-21-98
04-055 8-3-04 04-080 11-3-04
04-085 10-19-04
Inasmuch as the description formerly set out in section 6 was rendered obsolete by the above annexation ordinances, it has been omitted.
State law reference-Municipal annexation or contraction, F.S. Ch. 171.
Sec. 6A. Deleted.
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 6A pertaining to boundaries and territory of greater Boynton Beach area. Said section was derived from Laws
of Fla., Ch. 69-848, § 1.
Sec. 7. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 7 pertaining to general powers. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 7, as amended by Laws of
Fla. 1955, Ch. 30588, § 2; Laws of Fla., Ch. 61-1885; Laws of Fla., Ch. 61-1888, §§ 2, 3; Laws of Fla., Ch. 68-82, § 1.
Sec. 7.1. Reserved.
Editor's note-The provisions previously codified as § 7.1 have been converted to ordinance status by the Home Rule Act, F.S. § 166.021, and have been moved to the Code of Ordinances
at the direction of the city.
Sec. 7.2. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 7.2 pertaining to extra-territorial municipal police powers. Said section was derived from Laws of Fla., Ch. 63-1123,
§ 1.
Sec. 8. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 8 pertaining to powers and provisions of general law. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 171.
Sec. 9. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 9 pertaining to tort liability procedure. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 98.
Sec. 10. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 10 pertaining to tax exemption of city property. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 9.
Sec. 11. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 11 pertaining to exemptions from liens and forced sale of city property. Said section was derived from Laws of Fla. 1947,
Ch. 24398, § 10.
Sec. 12. Deleted.
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 12 pertaining to subdivision maps. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 11.
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Sec. 13. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 13 pertaining to building, electrical and plumbing codes. Said section was derived from Laws of Fla. 1947, Ch. 24398,
§ 168.
Sec. 14. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 14 pertaining to gender definition and sex discrimination. Said section was derived from Laws of Fla. 1947, Ch. 24398,
§ 148.
ARTICLE II. CITY COMMISSION*
*Editor's note-It should be noted that Ord. No. 87-4, §§ 1—3, adopted Feb. 3, 1987, provided that the name of the legislative body of the city shall be the City Commission. The user's
attention is directed to Part II, Code of Ordinances, §§ 1-2 and 2-1.1, of this volume. Previous reference to City Council in Article II title deleted per Ord. No. 02-043, § 5, 8-20-02,
election of 11-5-02.
Sec. 15. When Commissioners and Mayor are
to assume office.
The Commissioners and Mayor who are elected in elections held in November of any year, shall assume office on the first regular or special city commission meeting following their election.
Once all newly elected officials have taken office the Commission shall organize in accordance with the provisions of Section 23 of this Charter and shall then proceed to select
the officers and employees, designated in Section 49 of this Charter. (Laws of Fla. 1947, Ch. 24398, § 12; Ord. No. 73-54, § 1, 12-18-73; Ord. No. 80-41, § 1, 10-21-80; Ord. No. 83-51,
§ 1, 12-20-83; Ord. No. 91-26, § 1, 5-21-91; Ord. No. 01-25, § 7, 7-3-01)
2004 S-22 Repl.
Editor's note-Ord. No. 91-26, § 1, adopted May 21, 1991, amended § 15 to read as herein set out. Such provisions were approved at a referendum held Mar. 10, 1992.
Sec. 16. Deleted.
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 16 pertaining to
qualifications of Commissioners and forfeiture of office. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 13; Laws of Fla, Ch. 63-1123, § 2; as amended by Ord. No. 75-13,
§ 1, 5-6-75.
Sec. 17. Composition, election, terms, vacancies.
(a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the City of Boynton Beach and have resided within the City for a period of not less than
one (1) year prior to filing for office, and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies for office. The Mayor of
the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote.
(b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City, and a Mayor who is elected by a city-wide vote. Each
City Commissioner and each candidate for City Commissioner shall reside in the election district from which he or she is (to be) elected. A candidate for a Commission district seat
must reside, for a period of not less than one (1) year prior to filing for election, in the district from which the candidate seeks election. Voters shall vote for only one (1) candidate
in each election district in which the voter resides, and one (1) candidate for Mayor.
(c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of Boynton Beach for at least one (1) year immediately prior to the election and who
shall have attained the age of twenty-one (21) years on or before the date the
Charter 5
candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commis-sioner. Each Commissioner and each candidate for Commissioner shall be elected
from the election district in which he or she resides, subject to the 35% rule and runoff procedures set forth in Section 139 of the City Charter. Once elected, a Commissioner from
an election district shall remain a resident of the election district and the City of Boynton Beach during his/her term of office or shall forfeit his/her office.
(d) The failure of a City Commissioner to continue to reside within the district from which elected, or the Mayor within the City, shall cause said City Commissioner or Mayor to automatically
forfeit his/her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation,
the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill
the vacancy has resided in the same district from which the original Commissioner resided for a period of not less than one (1) year.
(e) Any City Commissioner who ceases to possess the qualifications required by this Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall
be the duty of the remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy as herein otherwise provided.
(f) Commencing with the regular City election in March 2001, candidates for City Commissioner shall file with the City Clerk a written notice of candidacy, designating which of the
four (4) Commission districts of the City Commission the candidates intend to fill.
(g) Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated,
prepared and identified not later than the first day of January 2002,
and every four (4) years thereafter by contract to the
City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the
City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods
within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any designated election
district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City
may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. (Laws of Fla., 1947, Ch. 24398,
§ 24; Ord. No. 80-46, § 2, 10-31-80; Ord. No. 83-54, § 1, 2-7-84, election of 3-13-84; Ord. No. 84-5, § 1, 2-7-84, election of 3-13-84; Ord. No. 87-37, § 1, 10-20-87, election of 3-8-88;
Ord. No. 91-47, § 2, 7-2-91; Ord. No. 00-43, § 2, 8-15-00, election of 11-7-00; Ord. No. 02-036, § 2, 8-20-02, election of 11-5-02; Ord. No. 02-043, § 3, 8-20-02, election of 11-5-02)
Sec. 18. Judges of own qualifications, rules of
procedure; expulsion of members;
quorum; fines and penalties.
The City Commission shall be the judges of the qualifications, election and returns of its own members: it may enact rules of procedure and may prescribe penalties for the non-attendance
or dis-orderly conduct of its members, and enforce the same. Four-fifths of its members concurring, it may expel a member for improper conduct in office. A majority of the members of
the Commission shall be necessary to constitute a quorum for the transaction of any business; but a smaller number may adjourn from time to time, and under the provisions of ordinances
or rules of procedure may compel the attendance of the absent members by the imposition of fines or penalties. (Laws of Fla. 1947, Ch. 24398, § 25)
State law reference-Quorum and vote required for municipal governing body, F.S. § 166.041(4).
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Sec. 19. Terms of elective offices.
(a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold any elective office for more than two (2) consecutive terms. For purposes
of this section, elective office shall include both mayor and commission member.
(b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions
of this section. (Laws of Fla. 1947, Ch. 24398, § 15; Laws of Fla. Ch. 67-1118, § 1: Ord. No. 87-30, § 1, 9-15-87, election of 3-8-88; Ord. No. 87-38, § 1, 10-20-87, election of 3-8-88;
Ord. No. 00-41, § 2, 8-15-00, election of 11-7-00; Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02)
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted previous § 19 pertaining to committee designation. Said section was derived from Laws of Fla. 1947, Ch. 24398,
§ 26. Current § 19 was originally part of Article IV and designated § 50.
Sec. 20. Filling vacancy on City Commission.
In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, it shall be the duty of the remaining members at the next regular meeting,
or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time
the balance of the original members term shall be filled by election. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean
the election held on the first Tuesday in November of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said
vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose. (Laws of Fla. 1947, Ch. 24398, § 16; Ord. No. 90-80, § 1, 1-2-91,
election of 3-12-91; Ord. No. 01-25, § 7, 7-3-01; Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02)
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted previous § 20 pertaining to the fixing of salaries by resolution. Said section was derived from Laws of Fla.
1947, Ch. 24398, § 27; Laws of Fla, Ch. 67-1119, § 1. Current § 20 was originally part of Article IV and designated § 51.
Sec. 20.1. Deleted.
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 20.1 pertaining to pension and retirement systems. Said section was derived from Laws of Fla, Ch. 67-1119,
§ 1; as amended by Ord. No. 78-51, § 1, 11-8-78; Ord. No. 92-7, § 1(Exhibit A), 4-21-92; Ord. No. 92-40, § 1, 7-21-92; Ord. No. 94-52, § 2, 12-20-94.
Sec. 21. Authority to contract; execution;
attestation and seal.
The Commission shall have the power to enter into contracts on behalf of the City, and when so entered into, the same shall be attested by the City Clerk with the seal of the City thereunto
affixed. (Laws of Fla. 1947, Ch. 24398, § 28; Ord. No. 02-037, § 2, 8-20-02, election of 11-5-02)
Cross reference-Contracts must be approved by City Attorney, § 58.
Sec. 22. Frequency, date of regular meetings; special meetings;
rules of procedure.
(a) The Commission shall hold its meeting as often as twice each month, or it may hold more than two (2) regular meetings each month if prescribed by resolution. Should any scheduled
City Commission meeting fall upon a date on which any national, state, county or municipal election is held, said City Commission meeting should be deferred until the next regular working
day.
(b) The Mayor, or any three members of the City Commission may call special meetings of the City Commission, upon written notice to each member served personally or left at the usual
place of
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residence. All regular and special meetings of the City Commission shall be open to the public. The City Commission shall determine its own rules and order of business. (Laws of Fla.
1947, Ch. 24398, § 29; Ord. No. 77-31, § 1, 10-18-77; Ord. No. 02-043, § 3, 8-20-02, election of 11-5-02)
Sec. 23. Mayor, Vice Mayor; election, procedure.
At the first regular or special meeting of the City Commission immediately following an election, the Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission.
The Vice-Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the commission. In the event, of a vacancy in the office
of Mayor, the Vice-Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the
office of Mayor, a special election shall be held within sixty (60) days of the date of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly
scheduled general election, no such special election shall be held and the Mayor, or successor Mayor, shall be elected at the general election. Upon the election of a successor Mayor,
the Vice-Mayor shall reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy
in the office of Vice-Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice-Mayor shall be elected
by a vote of the Mayor and City Commission. (Laws of Fla. 1947, Ch. 24398, § 19; Laws of Fla., Ch. 63-1122, § 1; Ord. No. 80-41, § 2, 10-21-80; Ord. No. 83-54, § 2, 2-7-84, election
of 3-13-84; Ord. No. 97-36, § 2, 8-5-97, election of 3-10-98; Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02)
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted previous § 23 pertaining to the authority to create and abolish offices. Said section was derived from Laws
of Fla. 1947, Ch. 24398, § 30.
Current § 23 was originally part of Article IV and designated § 53.
Sec. 24. Duties, powers, privileges of Mayor.
The Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his or her office as may be imposed by the City Commission, and he or she
shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He or she may use the title of Mayor when executing legal instruments of writing or when
required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him or her the administrative or judicial functions of a Mayor
under the General Laws of the State. He or she shall be considered as the official head of the City for ceremonial purposes, and shall be so recognized by the courts for the purpose
of serving civil processes, and by the Government in the exercise of military law. In the absence or disqualification of the Mayor, the other members of the City Commission shall select
one of their members to perform his or her duties. This selection shall be made in accordance with the provisions of Sections 17 and 23 for the election of a Mayor.*
The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Commission. (Laws of Fla. 1947, Ch. 24398, §§
20, 22; Am. Ord. No. 97-38, § 2, 8-5-97, election of 3-10-98; Ord. No. 02-040, § 2, 8-20-02, election of 11-5-02; Ord. No. 02-043, §§ 4-5, 8-20-02, election of 11-5-02)
*Editor's note—Note that § 23 above, as amended, provides for the annual designation of a Vice-Mayor.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed previous § 24 pertaining to quorum and vote requirements on ordinances, resolutions, and enactment procedures generally.
Said section was derived from Laws of Fla. 1947, Ch. 24398, § 31, as amended by Laws of Fla. Ch. 63-1125, § 2; Ord. No. 74-21, § 1, 8-20-74; Ord. No. 87-46B, § 1, 1-5-88, election of
3-8-88; Ord. No. 97-39, § 2, 8-5-97. Current § 24 was originally part of Article IV and designated § 54.
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Sec. 25. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 25 pertaining to when ordinances and resolutions become effective, and emergency measures. Said section was derived from
Laws of Fla. 1947, Ch. 24398, § 32, as amended by Ord. No. 74-21, § 1, 8-20-74.
Sec. 26. Reserved.
Editor's note-Ord. No. 77-21, § 1, adopted Aug. 16, 1977, amended the Code by repealing provisions formerly designated as § 26, Pertaining to the recordation and publication of ordinances
and resolutions and derived from Ch. 24398, § 33, Special Acts 1947.
Sec. 27. Deleted.
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 27 pertaining to general ordinance enactment power, enforcement and penalties. Said section was derived
from Laws of Fla. 1947, Ch. 24398, § 34.
Sec. 28. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 28 pertaining to budget of expenses, and revenue. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 35.
Sec. 29. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 29 pertaining to utility franchises. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 36, as amended by Ord.
No. 75-41, § 1, 1-5-76.
Sec. 30. Reserved.
Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 30 pertaining to maximum franchise duration and extension of utility. Said
section was derived from Laws of Fla. 1947, Ch. 24398, § 37.
Sec. 31. Deleted.
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 31 pertaining to the effect of annexation on franchises. Said section was derived from Laws of Fla. 1947,
Ch. 24398, § 38.
Sec. 32. Deleted.
Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 32 pertaining to rights in the city when franchises are granted. Said section was derived from Laws of Fla.
1947, Ch. 24398, § 39.
Sec. 33. Reserved.
Editor's note-Ord. No. 91-16, § 2, adopted Apr. 21, 1991, repealed § 33 which pertained to codification of ordinances; authority and publication. Prior to repeal, such section was derived
from Laws of Fla. 1947, Ch. 24398, § 40. For current provisions concerning such subject matter, the user's attention is directed to § 1.9 of the Code.
Sec. 34. Deleted.
Editor's note-Section 34 hereof, which provided for judicial notice of ordinances, has been rendered obsolete by the Florida Evidence Code, particularly F.S. § 90.202(10), and has been
deleted at the direction of the city.
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Charter 9
Sec. 35. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 35 pertaining to fire limits. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 42.
Sec. 36. Reserved.
Editor’s note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 36 pertaining to health regulations and the City Board of Health. Said section was derived from Laws of Fla. 1947, Ch.
24398, § 43.
Sec. 37. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 37 pertaining to borrowing money and the maximum issuance of notes. Said section was derived from Laws of
Fla. 1947, Ch. 24398, § 44.
ARTICLE III. MUNICIPAL COURT
Secs. 38-48. Deleted.
Editor’s note—The provisions of §§ 38-48 of the Charter compilation have been rendered obsolete by the abolition of the municipal court and the transfer of its jurisdiction to the county
court pursuant to Fla. Const., Art. V, § 20, and have been deleted. Said compilation provisions were derived from Laws of Fla. 1947, Ch. 24398, §§ 45-55, as amended by Ord. Nos. 73-47
and 73-53.
ARTICLE IV. ADMINISTRATION
Sec. 49. General provisions.
(a) Administrative officers, departments and agencies. The government of the city shall be carried on by the Mayor and City Commission. They shall appoint a City Manager, who shall
serve as the city’s Chief Executive Officer, and a City Attorney, both of whom shall serve at the pleasure of the City Commission. There shall also be such other departments and agencies
as may be established from time to time by ordinance and as may be prescribed by ordinances adopted by the City Commission. All other city employees shall be hired, appointed and discharged
by the City Manager, with only the appointment or discharge of Assistant City Managers subject to confirmation by the City Commission.
(b) Supervision by City Manager. Each department, office and agency under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject
to the direction and supervision of the City Manager. With the consent of Commission, the City Manager may serve as the head of one or more such departments, offices or agencies or may
appoint one person as the head of two or more of them or may combine the functions of any offices specified in this Charter which may be appointed by him.
(c) Commission/Manager integration with administration. The City Commission or its members shall deal with city officers and employees who are subject to the direction and supervision
of the City Manager solely through the Manager, when such dealings involve giving orders or making requests for services to any such officer or employee. All employees and officers shall
be permitted to provide information to any Commissioner or member of the public upon request. (Laws of Fla. 1947, Ch. 24398, § 14; Ord. No. 73-46, § 1, 11-6-73; Ord. No. 76-43, § 1,
10-5-76; Ord. No. 89-29, § 1, 9-19-89; Ord. No. 02-038, § 2, 8-20-02, election of 11-5-02)
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10 Boynton Beach Code
Secs. 50, 51. Deleted.
Editor’s note—Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02, deleted §§ 50-51 and added text of both to Article II as §§ 19, 20.
Sec. 52. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 52 pertaining to qualifications, duties and oath of elective officers. Said section was derived from Laws
of Fla. 1947, Ch. 24398, § 17; as amended by Ord. No. 75-14, § 1, 5-6-75.
Secs. 53, 54. Deleted.
Editor’s note—Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02, deleted 53-54 and added text of both to Article II as §§ 23, 24.
Sec. 55. Compensation of Mayor and City Commission.
Each member of the City Commission, including the member who serves as Mayor shall receive salaries as follows:
(a) Effective April 1, 2005, the Mayor shall receive an annual salary of $18,000, paid in equal monthly installments;
(b) Effective April 1, 2005, City Commission members, excluding the Mayor, shall receive an annual salary of $15,000 annually, paid in equal monthly installments; and
(c) The compensation of the Mayor and the Commissioners shall be adjusted annually in April in each year to reflect increase in the consumer price index.
(Laws of Fla. 1947, Ch. 24398, § 21; Laws of Fla., Ch. 65-1268, § 1; Ord. No. 74-25, § 1, 9-3-74; Ord. No. 81-36, § 1, 11-3-81; Ord. No. 84-44, § 1, 11-7-84; Ord. No. 02-043, § 5, 8-20-02,
election of 11-5-02; Ord. No. 03-037, § 2, 8-19-03; Ord. No. 06-047, § 2, 5-16-06)
Sec. 56. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 56 pertaining to Council meetings, rules of procedure, and minutes. Said section was derived from Laws of
Fla. 1947, Ch. 24398, § 23; as amended by Ord. No. 75-11, § 1, 4-1-75.
Sec. 57. City Attorney—Appointment, term,
function.
The City Commission may appoint a lawyer, admitted to practice in the courts of this State, as City Attorney, who shall hold office during the pleasure of the Commission, and act as
the legal advisor to, and attorney and counselor for, the Municipality and all of its officers in matters relating to their official duties. (Laws of Fla. 1947, Ch. 24398, § 56; Ord.
No. 02-043, § 5, 8-20-02, election of 11-5-02)
Sec. 58. Same—Duties.
The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, and other instruments in writing in which the municipality is concerned, or shall endorse
on each his approval of the form, language and execution thereof; and no contract with the municipality shall be binding upon the municipality until his approval is so endorsed thereon.
When required by the Commission, he shall prosecute and defend, for and in behalf of the city, all complaints, suits and controversies in which the city is a party. He shall furnish
the Commission, or the
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Charter 11
City Clerk, his opinion on any question of law relating to their respective powers and duties; and he shall perform such other professional duties as may be required of him by ordinance
or resolution of the Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws of the State, not inconsistent with this Charter. (Laws of Fla.
1947, Ch. 24398, § 57; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02)
Cross reference—Authority to contract and contract execution, attestation and seal, § 21.
Sec. 59. Same—Compensation.
The City Commission may, from time to time, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this Charter and
by the Commission; provided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as the Commission
may see fit to provide. (Laws of Fla. 1947, Ch. 24398, § 58; Ord. No. 02-043, § 3, 8-20-02, election of 11-5-02)
Secs. 60, 61. Reserved.
Editor’s note—Ord. No. 79-30, § 1, adopted Oct. 16, 1979, repealed §§ 60 and 61, pertaining to the appointment and duties of the chief of police. Section 60 was derived from Laws of
Fla. 1947, Ch. 24398,
§ 59. Section 61 was derived from § 60 of said act, as amended by Ord. No. 74-35, § 1.
Sec. 62. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 62 pertaining to power and authority of police. Said section was derived from Laws of Fla. 1947, Ch. 24398,
§ 61.
Sec. 63. Reserved.
Editor’s note—Ord. No. 73-45, § 1, adopted Nov. 6, 1973, repealed § 63 pertaining to the appointment and duties of the superintendent of public works and utilities. Said section was
derived from Laws of Fla. 1947, Ch. 24398, § 62.
Secs. 64, 64.1. Reserved.
Editor’s note—Ord. No. 90-54, § 1, adopted Nov. 20, 1990, provided for the deletion of §§ 64 and 64.1 which pertained to the purchasing agent, competitive bidding and exceptions to
competitive bidding procedures. Such sections were derived from Laws of Fla. 1947, Ch. 24398, § 63; Laws of Fla., Ch. 63-1124, § 1 and Ch. 69-846, § 1; and the following local legislation:
Ord. No. Date Sec.
74-6 2-5-74 1
74-8 2-19-74 1
74-1 3-19-74 1
74-24 8-20-74 1, 2
75-42 1-5-76 1
80-25 7-1-80 1
87-5 2-17-87 1
The user’s attention is directed to § 2-56 et seq., of the Code for current provisions concerning similar subject matter.
Sec. 65. Reserved.
Editor’s note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 65 pertaining to city clerk and tax collector. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 64.
Sec. 66. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 66 pertaining to duties of City Clerk. Said section was derived from Ord.
No. 77-3, § 1, 2-1-77.
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12 Boynton Beach Code
Sec. 66.1. Reserved.
Editor’s note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 66.1 defining public records. Said section was derived from Ord. No. 77-3, § 2, 2-1-77.
Sec. 66.2. Reserved.
Editor’s note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 66.2 pertaining to delivery of public records to City Clerk. Said section was derived from Ord. No. 77-3, § 3, 2-1-77.
Sec. 67. Reserved.
Editor’s note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 67 pertaining to duties of tax collector; the city depository; and report of funds. Said section was derived from Laws
of Fla. 1947, Ch. 24398, § 66.
Sec. 68. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 68 pertaining to duties of City Treasurer. Said section was derived from Laws of Fla. 1947, Ch. 24398, §
67.
Sec. 69. Reserved.
Editor’s note—Ord. No. 79-30, § 1, adopted Oct. 16, 1979, repealed § 69, pertaining to the appointment and duties of the fire chief. Said section was derived from Laws of Fla. 1947,
Ch. 24398, § 169.
Sec. 70. Bond for tax collector, treasurer, police
chief and depositories.
The Tax Collector, Treasurer, and Chief of Police, and City Depositories, shall each give such bond for the faithful discharge of their respective duties, and for the protection of
City deposits as may be prescribed by the City Commission, and the City
Commission shall have authority to require any other officer to give bond and fix the amount thereof. (Laws of Fla. 1947, Ch. 24398, § 18; Ord. No. 02-043, § 5, 8-20-02, election of
11-5-02)
Sec. 71. Reserved.
Editor’s note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 71 prohibiting relatives of mayor and councilmen from holding city positions. Said section was derived from Laws of Fla.
1947, Ch. 24398, § 147.
ARTICLE IV-A. MERIT SYSTEM FOR
PERSONNEL
*Editor’s note—Laws of Fla., Ch. 61-1889, from which this article is derived, was ratified by the electorate Dec. 5, 1961, Laws of Fla. 1953, Ch. 28910, authorizing a civil service
system and providing for its regulation by ordinance, is superseded by said 1961 act, and has been deleted from this Charter.
Sec. 72. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72 pertaining to the establishment of a merit system for city personnel and the scope of its provisions.
Said section was derived from Laws of Fla., Ch. 61-1889, § 2(1); as amended by Ord. No. 97-52, § 2, 1-20-98, election of 3-10-98.
Sec. 72.1. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72 pertaining to classified and unclassified service. Said section was derived from Laws of Fla., Ch. 61-1889,
§ 2(2).
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Charter 12A
Sec. 72.2. Status of present employees.
Any person holding a position in the classified service when this act [article] takes effect*, who shall have served in such position for a period of at least 12 months, shall be retained
without preliminary or performance tests and shall thereafter be subject in all other respects to the provisions of this act [article]. All other persons in the classified service at
the time this act [article] takes effect shall be considered as having been given probationary appointment from the time of their employment. (Laws of Fla., Ch. 61-1889, § 2(3); Ord.
No. 83-56, § 5, 1-3-84)
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12B Boynton Beach Code
Charter 13
Sec. 72.3. Deleted.
Editor’s note—Ord. No. 02-042, § 2, 8-20-02, election of 11-5-02, deleted § 72.3 pertaining to the powers and duties of the Personnel Director. Said section was derived from Laws of
Fla. 1947, Ch. 61-1889, § 2(4); as amended by Ord. 83-56, § 1, 1-3-84.
Secs. 72.4-72.8. Reserved.
Editor’s note—Ord. No. 97-53, adopted Jan. 20, 1998, repealed Secs. 72.4-72.8, which pertained to the Civil Service Board. Prior to repeal, such codification was derived from Laws
of Fla., Ch. 61-1989, § 2(5)-2(9).
Sec. 72.9. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72.9 pertaining to personnel rules. Said section was derived from Laws of Fla, Ch. 61-1889, § 2(10); as
amended by Ord. No. 80-24, § 1, 6-3-80; Ord. No. 80-40, § 1, 10-8-80; Ord. No. 83-56, § 3, 1-3-84.
Sec. 72.10. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72.10 pertaining to rules incorporating principles of merit and fitness. Said section was derived from Laws
of Fla, Ch. 61-1889, § 2(11); as amended by Ord. No. 80-40, § 1, 10-8-80.
Sec. 72.11. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72.11 pertaining to causes for suspension and dismissal. Said section was derived from Laws of Fla, Ch.
61-1889, § 2(12); as amended by Ord. No. 80-40, § 1, 10-8-80.
Sec. 72.12. Reserved.
Editor’s note—Ord. No. 97-53, § 2, adopted 3-10-98, repealed § 72.12 pertaining to removals and appeals. Said section was derived from Laws of Fla., Ch. 61-1889, § 2(13), as amended
by Ord. No. 80-40, § 1, 10-8-80; Ord. No. 83-56, § 4, 1-3-84.
Sec. 72.13. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72.13 pertaining to absence of City Manager. Said section was derived from Laws of Fla, Ch. 61-1889, § 2(14);
as amended by Ord. No. 80-40, § 1, 10-8-80.
ARTICLE V. REVENUE AND TAXATION*
*State law references—Municipal finance and taxation generally, F.S. §§ 166.211 et seq.; local financial management and reporting, F.S. §§ 218.30 et seq.; investment of local government
surplus funds, F.S. §§ 218.40 et seq.
Sec. 73. Deleted.
Editor’s Note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 73, which defined the fiscal year. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 167; Laws
of Fla., Ch. 69-847, § 1.
Sec. 74. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 74 pertaining to property subject to taxation. Said section was derived from Laws of Fla. 1947, Ch. 24398,
§ 68.
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14 Boynton Beach Code
Sec. 75. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 75 pertaining to authority to levy and purposes of taxation. Said section was derived from Laws of Fla.
1947, Ch. 24398, § 69.
Sec. 76. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 76 pertaining to authority to levy excise and license taxes. Said section was derived from Laws of Fla.
1947, Ch. 24398, § 70.
Sec. 77. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 77 pertaining to
authority to annually levy a special tax for publicity and advertising purposes. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 71.
Secs. 78-83. Deleted.
Editor’s note—Provisions formerly codified as §§ 78-83, derived from Laws of Fla. 1947, Ch. 24398, §§ 72-77, have been rendered obsolete by the assumption of the tax assessing and collecting
functions by the county, pursuant to F.S. § 193.116.
Sec. 84. Deleted.
Editor’s note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 84 pertaining to determination of necessary revenue and certification of a tax levy. Said section was derived
from Laws of Fla. 1947, Ch. 24398, § 78; as amended by Ord. No. 74-22, § 1, 8-20-74; Ord. No. 76-34, § 1, 9-7-76.
Secs. 85-111. Deleted.
Editor’s note—Provisions formerly codified as §§ 85-111, derived from Laws of Fla. 1947, Ch. 24398, §§ 79-105, have been rendered obsolete by the assumption of the tax assessing and
collecting functions by the county, pursuant to F.S. § 193.116.
Secs. 112-128. Deleted.
Editor’s note—Provisions formerly codified as §§ 112-128, derived from Laws of Fla. 1947, Ch. 24398, §§ 106-122, have been rendered obsolete by the assumption of the tax assessing and
collecting functions by the county, pursuant to F.S. § 193.116.
Sec. 129. Report of taxes collected by
Tax Collector; final report to
City Commission.
Editor’s note—Section 129, derived from Laws of Fla. 1947, Ch. 24398, § 123, has been converted to ordinance status by the Home Rule Act, F.S. § 166.021, and has been moved to the Code
of Ordinances at the direction of the city.
ARTICLE VI. RESERVED
Secs. 130-137. Reserved.
Editor’s Note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed §§ 130-137 pertaining to bonds. Said sections were derived from Laws of Fla. 1947, Ch. 24398, §§ 124.24-124.30 and § 124.66.
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Charter 15
ARTICLE VII. ELECTIONS
Sec. 138. Call by Mayor, publication of proclamation; qualification of
candidates, filing by candidates with
City Clerk; notification of Supervisor
of Elections.
All general and special elections, unless otherwise provided in this Act, shall be called by proclamation of the Mayor; published in a newspaper published in the City of Boynton Beach,
Florida, once a week for two (2) consecutive weeks, or, if no newspaper is published in the City of Boynton Beach, Florida, by posting same at the City Hall for two (2) weeks, and such
election that may be held upon such notice.
Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the fourth Thursday in August (i.e. for
the November 2002 election, qualifying period will commence on August 22, 2002), nor later than noon on the first Thursday in September (i.e. for the November 2002 election, qualifying
period will end on September 5, 2002) of the calendar year in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor
of Elections by 5:00 p.m. on the first Friday after the close of qualifying. (Laws of Fla. 1947, Ch. 24398, § 131; Ord. No. 80-41, § 3, 10-21-80; Ord. No. 80-46, § 2, 10-31-80; Ord.
No. 83-51, § 2, 12-20-83; Ord. No. 01-25, § 7, 7-3-01; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02; Ord. No. 02-046, § 2, 8-20-02)
Sec. 139. General and run-off elections.
A special election for any purpose shall be held as provided in the Charter or by ordinance not inconsistent herewith. In every election to any office, the candidate receiving the highest
percentage of the vote in excess of thirty-five (35%) percent of the votes validly cast shall be declared elected. If, in any election, no candidate receives in excess of thirty-five
(35%) percent of the vote in the first election, a second election, limited to the two (2) candidates receiving respectively the highest and the next highest number of votes in the
first election shall be held on the fourteenth day after the first election, and the candidate receiving the higher number of votes in the second election shall be declared elected.
(Laws of Fla. 1947, Ch. 24398, § 132; Ord. No. 80-46, § 2, 10-31-80; Ord. No. 83-51, § 3, 12-20-83; Ord. No. 95-25, § 2, 7-18-95)
Cross-reference—Composition, election, terms, vacancies, see Charter § 17.
Sec. 140. Reserved.
Editor’s note—Ord. No. 82-20, § 1, enacted July 20, 1982, repealed § 140 which prohibited persons connected with the city government from soliciting votes or support for the nomination
or election of a candidate for councilman. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 133.
Sec. 141. Regular municipal election, date;
qualification of electo
rs for
Commissioners ; method of holding elections, special elections.
Regular municipal elections shall be held on the first Tuesday after the first Monday in November in an election year. In the event a run-off election is required as specified in Section
139 hereof, said election shall be held on the fourteenth day after the first election. The City Commission shall prescribe, by ordinance, the method and manner of holding all elections
in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially
on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. (Laws of Fla. 1947, Ch. 24398, § 134; Ord. No. 80-41, § 4, 10-21-80; Ord.
No. 83-51, § 4, 12-20-83; Ord. No. 01-25, § 7, 7-3-01; Ord. No. 02-021, § 2, passed 6-4-02; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02)
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Sec. 142. Registration officer and registration.
The City Clerk shall be the registration officer of the City and said clerk, or his/her duly appointed deputies, shall register all persons applying to him/her whose names are not already
borne upon the registration book applicable to the City and who are qualified as electors under the Constitution and laws of the State of Florida. For this purpose, such registrations
shall be received during normal business hours, or at such other times as designated by the City Commission, at the office of the City Clerk or at such other places within the City limits
when duly designated by the City Commission.* Registrations shall be upon forms provided by the Supervisor of Elections of Palm Beach County, Florida. (Laws of Fla. 1947, Ch. 24398,
§ 15; Laws of Fla., Ch. 63-1125, § 1; Ord. No. 74-23, § 1, 8-20-74; Ord. No. 02-043, § 3, 8-20-02, election of 11-5-02)
*Editor’s note-Florida Statutes, § 98.051, requires registration to be closed on the thirtieth day
before an election, and the city is required to use the county’s voter registration rolls.
State law reference—City required to use county registration rolls, F.S. § 98.041. It is customary for the county supervisor of elections to designate the city clerk as a deputy registrar
so that registration may be effected at city hall.
Sec. 143. Arrangements by City Commission; inspectors and clerks, appointment.
The City Commission shall make all necessary arrangements for holding all municipal election(s) and shall declare the result thereof. Inspectors and clerks of elections shall be appointed
by the City Commission, but if the City Commission shall fail to appoint them at least two (2) days before the date of any election, the Mayor may appoint them. In the event that both
of these plans fail to secure inspectors and clerks for any election, the City Clerk shall make the appointments on the day of the election. (Laws of Fla. 1947, Ch. 24398, § 136; Ord.
No. 02-043, § 5, 8-20-02, election of 11-5-02)
Sec. 144. Polls, opening and closing; voting
results, certification, canvass of
returns, declaration of results; tie
vote.
The polls shall open at sunrise and close at sunset.* The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the clerks and the majority of
the inspectors of the election, one copy to be delivered to the Mayor, and the other to the City Clerk, both of whom shall transmit such returns to the City Commission at a called meeting
to be held not later than three days after such election. At such meeting the City Commission shall canvass the returns, and in the absence of a declaration of a contest by any of the
candidates in such election, shall declare the result of the election as shown by the returns made by clerks and inspectors for said election.
A tie between two (2) or more candidates shall be determined as prescribed by ordinance. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of
election to each person shown to be elected. (Laws of Fla. 1947, Ch. 24398, § 137; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02)
*State law reference—Open hours for the polls in local elections are prescribed as from 7:00 a.m. to 7:00 p.m. by F.S. § 100.011.
Secs. 145, 146. Repealed.
Editor’s note—Ord. No. 75-44, adopted Jan. 20, 1976, repealed §§ 145 and 146, pertaining to the recall of elected officers. Said sections were derived from Laws of Fla. 1947, Ch. 24398,
§§ 138, 139.
Sec. 147. Initiative petition of proposed
ordinances—Required signatures, etc.
Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which have
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Charter 17
been enacted but not yet effective, may be submitted to the City Commission by a petition, signed by at least twenty-five per cent of the total number of registered voters in the City.
All petitions circulated with respect to any proposed ordinance shall be uniform in character, shall contain the proposed ordinance in full and shall have printed or written thereon
the names of five electors who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for purposes hereinafter named. Each signer of
the petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his name the date of his signature. The signatures of any such petition need not
be appended to one paper, but to each such paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such part of the petition and that each signature
appended to the paper is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant on the date indicated. (Laws of Fla. 1947,
Ch. 24398, § 140; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02)
Sec. 148. Same—Filing with City Clerk, submission to City Commission.
All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty days of the first signature thereon, and when so filed
the City Clerk shall submit the same to the City Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance.
(Laws of Fla. 1947, Ch. 24398, § 141; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02)
Sec. 149. Same—Action of City Commission; referendum.
The City Commission shall at once proceed to consider such petition and shall take final action thereon within thirty days after the date of submission. If the City Commission rejects
any of the provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause notice of the filing of
such petition and the refusal of the City Commission to pass said ordinance, to be published in a newspaper of general circulation published in the City of Boynton Beach, and the City
Commission shall at once proceed to submit the passage of the ordinance to the majority vote of the qualified electors of the City voting in such election. If a regular or special election
is to be held in the City not earlier than thirty days, nor later than sixty days, the ordinance shall be submitted to the voters at such election; otherwise an election shall be called
for such submission. At least ten days before such election the City Clerk shall cause the text of the ordinance to be published in a newspaper of general circulation published in the
city. (Laws of Fla. 1947, Ch. 24398, § 142; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02)
Sec. 150. Same—Offending ordinance
suspended.
When the initiative petition is for an ordinance repealing or amending an ordinance which has been
enacted, but is not yet effective, the offending ordinance shall not go into effect until after the demands of the petition shall have been carried out. (Laws of Fla. 1947, Ch. 24398,
§ 143)
Sec. 151. Same—Form of referendum ballot.
Referendum elections shall be provided for in the same manner as other elections of the City. The ballot shall be a piece of plain white paper which shall have printed upon it the title
of the ordinance to be referred, below which shall be two lines in the following form:
FOR THE ORDINANCE
AGAINST THE ORDINANCE
The voter shall express himself by placing a cross X mark to the right of the line indicating his desire in the matter. (Laws of Fla. 1947, Ch. 24398, § 144)
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Sec. 152. Same—Vote required to amend or
repeal.
Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in
any regular election of the city, provided that no later than fifteen days before such election the City Commission shall cause notice of such reference to be published in a newspaper
of general circulation published in the City of Boynton Beach, Florida, using only the title of such ordinance in the notice if it is to be repealed, but the amendment in full if it
is to be amended. Said notice to be posted in three public places if there be no newspaper published in the City. (Laws of Fla. 1947, Ch. 24398, § 145; Ord. No. 02-043, § 5, 8-20-02,
election of 11-5-02)
Sec. 153. Same—Duty of City Attorney to draft ordinance and advise upon.
It shall be the duty of the City Attorney to draft initiative ordinances or to pass upon the legality of the same when requested to do so by the referendum committee of five. (Laws
of Fla. 1947, Ch. 24398, § 146)
Sec. 154. Reserved.
Editor’s note—Ord. No. 83-51, § 6, adopted Dec. 20, 1983, repealed § 154, “Primary elections, authority to provide; filing fee,” which section derived from Laws of Fla. 1947, Ch. 24398,
§ 150, and Ord. No. 77-78, § 1, adopted Feb. 20, 1977.
Sec. 155. Officers hold until successors
qualify; ordinances continued.
All officers theretofore elected or appointed and holding office under the said municipality shall
continue to hold their respective offices and to discharge the respective duties thereof until their successors are elected and qualified under the provisions of this Charter;
and all existing ordinances shall continue in effect and unimpaired until repealed, amended or modified by the municipality which is hereby incorporated. (Laws of Fla. 1947, Ch. 24398,
§ 149)
ARTICLE VIII. RESERVED
Secs. 156-169. Reserved.
Editor’s Note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 156—169 pertaining to public improvements and assessments. Said sections were derived from Laws of Fla. 1947, Ch. 24398,
§§ 151—154 and 156—165.
ARTICLE IX. CONTRACTS AND LEASES OF
BEACH PROPERTY*
Sec. 170. Authorized.
The City of Boynton Beach may from time to time enter into such contracts and lease agreements of portions of the Municipal Beach property, being in the Town of Ocean Ridge, Palm Beach
County, Florida, for the providing of recreational facilities upon the terms and conditions as the City Commission may deem to be in the best interest of the City. All such leases shall
be subject to the rights of the public at all times, to use the public bathing beach. (Laws of Fla. 1953, Ch. 28909, § 1; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02)
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Sec. 171. Deleted.
Editor’s note—The city has directed the deletion of § 171, which was derived from Laws of Fla. 1953, Ch. 28909, § 2. Said section ratified a 1952 lease between the city and Boynton
Beach Development Corp.
*Editor’s note—Article IX is derived from Laws of Fla. 1953, Ch. 28909, which did not expressly amend the Charter. The lease set out herein is no longer in effect, but the city has
directed the inclusion of the 1953 act, since it contains a description of the beach property.
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