O76-54ORDINANCE NO. 76-54
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING SEC. 1-6-OF CHAPTER 1 AND SEC. 17-42.1 OF
CHAPTER 17 OF THE 'CODIFIED ORDINANCES OF SAID CITY TO
CREATE A UNIFORM MAXIMUM PENALTY WHICH MAY BE IM-
POSED FOR ANY MISDEMEA NOR VIOLATION OF ALL CITY
ORDINANCES, EXCEPT' WHERE EXPRESSLY PROHIBITED BY
STATE. L~W,~ IN PI~pAi~A,TfON OF AND t~N CONJUNCTION WITH
THE CON~TiTUTI~NAL ABOLIS~NT OF FLOaIDA MUNICIPAL
COURTS ~D' T~/ASSU~TION ~F JURISDICTION PRE~0USLY
COUN~Y,~ EFFECTIMEON JA~ARY 2~ ~97y; PROVIDING FOR
uTKOm Y T0 COD FF, CLAgS , REPE~L~ ?RO-
V~St0N, AN EFFECTI~ DATE AND FOR.O~HER P~BPO~S.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1: That Sec. 1-6 of Chapter 1 of the Codified Or~linanees of
the City of Boynton Beach, Florida, is hereby amended in its entirety to read
as follows:
"Sec. 1-6. General penalties; continuing violations; adjudging fines
and imprisonments.
It shah be unlawful for any person to violate or fail to comply with
any provision of this Code or other ordinance of the city and where
no specific penalty is provided therefor, the maximum penalty which
may be imposed upon any person who shah be adjudged to have vio-
lated any provision of this Code or~ther ordinance of the City shall
be a fine not exceeding Five Hundred Dollars ($500.00) or a term of
imprisonment not in excess of six (6) months or by both such fine and
imprisonment; provided, however, that this section shall not conflict
with any provision and penalties imposed for any offensa under the
laws of the State of Florida, and this section shall supersede any
other penalty provision contained in this Code and ordinances of the
city. Each day any violation of any provision oftthis Code or other
ordinance of the city shah continue shah constitute a separate offense.
Whenever the judgment of a court of appropriate jurisdiction shaH,
under any of the ordinances of the city, adjudge a person To pay a
fine, or a fine and costs of prosecution, such judgment shall aisc
provide a period of time for which such person shah be imprisoned
in default of the payment of the same.
Whenever the sentence shall be one of both fine and imprisonment,
it shall also provide for an additional period of imprisonment, for
which such person shah be held inddefau[t of payment of the fine and/or
costs of iprosecution imposed. Such additional period shall commence
to run from the expiration of the other period of imprisonment fixed
by the sentence, provided that Ln nO case shall the imprisonment for
failure to pay a fine, or fine and costs, together with any other im-
prisonm~ent in the same case exceed the period of six (6) months.
Nothing in this sedti~n shah exempt a prisoner from being put to
labor during the period of such additional imprisonment.
Seczion 2: That Sec. 17~42.1 of Chapter 17 of the Codified Ordinances
of the City of Boynton Beach, Florida, is hereby amended in its entirety io
read as follows:
Sec. 17-42.1. Stgte misdemeanors.
It shalf be unlawful for any person to commit, within the corporate
limits of %he City of BQynton Beach, Florida, any act which is or
shall be recognized by the laws of the State of Florida as a misde-
meanor, and be corrmmission of such acts is hereby forbidden and
dec[are~t a vi0laiion of this section. ~nosoever~s ~h~ll Violate the
provisions of this seelion, upon convi'ction thereof, shah be punished
by %he same penai!y as is therefor provided by the laws ofike State
of'Florida, but in no case shah such penalty exceed a fine of Five
Hundred Dollars ($500.00) or a term of im~ prisonment not in excess
of six (6~ months, or both such fine and imprisonment."
Section 3: Au!hority to Codify: Specific authority is hereby granted tc
codify and incorporate this Ordinance in the City's existing Code.
Section 4: Separability: Each of the provisions of this Ordinance is
separable, including word, clause, phrase or sentence, and if any portion
%hereof shall be declared invalid, the remaining portion shall not be affected
but shall remain, in full force and effect.
Section 5: Repealing l~r~vision: Ali ordinances or parts of ordinance
in conflict herewith are hereby repealed.
Section 6: Effective Date: This Ordinance shall become effective on
the 3rd day of January, 1977.
First reading this ~ day of ~~
Second, final reading and passage this 35 day of
A.D. 197~.
CITY OF BOYNTON BEACH,
FLORIDA
E ·
ATT ST.
By:
City Clerk
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