O65-41ORDINANCE NO. 65-41
AN E1VIERGENCY ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, PROHIBITING FISHING, SWIMMING,
DIVING OR LOITERING IN THE VICINITY OF THE BOYNTON
CANAL LOCKS, LYING EAST OF U.S. HIGHWAY #1, WITHIN
THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON i?"
BEACH, FLORIDA; PROVIDING FOR AUTHORITY TO/
CODIFY, A SAVINGS CLAUSE, REPEALING PROVISIONS,
PENALTY PROVISIONS, AND FOR OTHER PURPOSES.
PREAMBLE
WHEREAS, the recent construction of a certain dam and auto-
matic locks in the Boynton Canal, in the vicinity lying immediately east of
U. S. Highway #1, has resulted in the congregation of various fishermen~
swimmers, loiterers and trespassers, at all hours of the day and night,
making loud noises by voice, radios and other means, consuming alcoholic
beverages and leaving litter, all of which has created a nuisance to adjacent
property owners, and a hazardous condition to pedestrians and traffic upon
U. S. Highway #1, as well as a dangerous condition which could result in
injury or-death to said individuals congregating in subject area due to the
dangerous propensity of subject automatic locks; and
WHEREAS~ said dangerous condition is further aggrevated by
the existence of continued heavy construction within said area in connection
with the installation of a major storm drainage system by the State of Florida
and
WHEREAS, all of said area has been heretofore posted and de-
clared dangerous by the owner, Central and Southern Florida Flood. Control
District; and
WHEREAS, notwithstanding $he above con.~titions, large numbers
of individuals continue to assemble in said area; and
WHEREAS, said Central and Southern Florida Flood Control
District, as owner of said area, as well as the abutting property owners of
the adjacent residential Subdivisiorsof COQUINA COVE and HARBOR ESTATt
have requested the aid and assistance of the City Council of the CITY OF
BOYNTON BEACH, FLORIDA, for protection of their property rights agains'
trespass and invasion; and
~S
WHEREAS, the City Council of said municipality deems it essen-
tial that subject conditions be abated and eliminated as a general public
nuisance, as well as to protect all individuals involved from lhe danger of
death or serious personal bodily injury; and
WHEREAS, emergency action by the City Council is deemed
essential in order to immediately preserve the public peace, property, health
and safety of the inhabitants of the City of Boynton Beach, Florida, and for
efficient daily operation of the municipal Police Department,
NOW, THEREFORE, be it resolved by the City Council of the
CITY OF BOYNTON BEACH, FLORIDA:
SECTION 1: Thai all fishing, swimming, diving, trespassing,
parking or loitering in or about that certain portion of the Boynton Canal,
and abutting property owned by lhe Central and Southern Florida Flood
Control District, lying east of the easterly right of way line of U.S. Highway
#1 (State Road #5), more particularly described as follows:
Commence at the intersection of the easterly right-of-way
line of U. S. Highway #1 and the northerly right-of-way line
of the Boynton Can~ ;. thence proceed easterly along the
northerly right-of-way line of the, Boynton Canal to the
southwest corner of Lot 62 COQUINAiCOVE, Plat Book 24,
Page 14 pnblic records of Palm Beach County, Florida;
thence proceed southeasterly across the right-of-way line
of the Boynton Canal to the northwest corner of Lot 41,
HARBOR ESTATES, Plat Book 21, Page 98 public records
of Palm Beach County, Florida; thence proceed ~westerly
along the south right-of.way line of the Boynton Canal
to its,, ~point of intersection with the easterly right-of-way
line of U.S. Highway #1; thence proceed northerly along
the easterly right-of-way line of ~. S. Highway #1 to the
point of beginning,
is hereby deClared dangerous, a trespass, and a general public nuisance and
such actions by any person, firm or corporation are hereby prohibited.
SECTION 2: Penalty. Any person, firm or corporation con-
victed of violating the provisions of this ordinance shall upon conviction thereo:
be penalized by fine not exceeding $500. 00 or by imprisonment in the municipal
jail for a period not exceeding sixty days or both such fine and imprisonment.
Any day upon which the violation exists or continue shall be deemed a separate
and distinct offense.
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SECTION 3: Separability. Each of the provisions 'of this
ordinance are separable, including word, clause, phrase, or sentence, and
if any provision hereof shall be declared invalid, the remaining portion shal
not be affected but shall remain in full force and effect.
SECTION 4: Repealing Provisions. All ordinances or parts
of ordinances in conflict herewith are hereby repealed.
SECTION 5: AUTHORITY TO CODIFY. Specific authority
is hereby g ranted to codify and incorporate this ordinance into the City's
existing code.
SECTION 6: Effective daze; This ordinance is deemed to be
an emergency measure and shall take effect immediately upon passage.
First re ading and final passage this ~day of September,
A.D. 1965.
(Corporate Seal)
CITY OF BOY
By
BEACH, FLORIDA
Ci{y Clerk
Councilm an
Councilman
Councilman
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