O63-28 ORDINANCE NO. 63-28
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
PROHIBITING CERTAIN CONDUCT DURING AND PRIOR
TO MUNICIPAL ELECTIONS HELD WITHIN SAID CITY;
PROVIDING A ..PENALTY FOR VIOLATION THEREOF~ A
SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA:
SECTION l: Circulating charges against any candidate;
requirements.
It shall be unlawf-ml for any candidate or other person, during
twenty-one (21) days precediid~:~ the day of any election or on the day of
any election, to publish or circulate or cause to be published or circulated
any charge against or attack against any candidate unless such charge or
attack has been personally served upon the candidate at least twenty-one (21
days prior to the day of election, and any person failing to comply with this
section shall, upon conviction, be guilty of a violation of the code of the
CITY OF BOYNTON BEACH. Any answer to a charge or attack that contain'.
defensive matter shall not be construed to be a charge or attack.
SECTION 2: Distribution of literature attacking a candidate
on election 'd:ay or within three (3) days prior theretc
It shall be unlawful for any candidate or other person to distri-
bute, circulate, or cause to be distributed or circulated, on the day of any
election, or within three (3)days prior thereto, any pictures, cards, litera
ture, circulars, or other writing attacking any candidate.
SECTION 3: Political literature circulate, d prior to election;
requirements.
All political advertisements and all campaign literature published
or =irculated prior to or on the day of any election shall be signed by the
author thereof, and if the same is being published and circulated by a club o
committee, then it shall be signed by the chairman and secretary of such
club or committee, and if such literature is in circular form it shall have
upon it the name of the printer or publiser. All political advertisements
appearing in newspapers shall be marked or designated "paid political
advertisements". Any person who publishes or circulates any campagin
literature or advertisement in violalion of this section shall, upon conviction,
be guilty of a violation of the code of the CITY OF BOYNTON BEACH.
SECTION 4: Use of fictitious names prohibited.
It shall be unlawful for any person, firm or corporation to utilize
or cause to be utilized, a fictitious name or names of any organization,
committee, persons or committee officials, in connection or conjunction
with any political advertisement as herein defined with relation to the condu¢
of any municipal election.
SECTION 5: Political advertisements defined.
Political advertisement is an expression by any mass media
attracting pu~blic attention, whether radio, television, newspaper, magazine,
poster, periodical, direct mail, display,ci~.~¢ular, or by means otherihan
the spoken word in direct conversation which shall transmit any idea fur-
thering or attacking the candidacy of any individual for municipal public
office.
SECTION 6: Penalty.
Any person, firm or corporation convicted of violation of this
Ordinance shall be punished by fine not exceeding Five Hundred Dollars
($500. 00) or by imprisonment in the City Jail for a period not exceeding
ninety days or both such fine and imprisonment.
SECTION 7: Separability.
If any part of this Ordinance shall be deemed unlawful by a court
of competent jurisdiction, such portion shall be deemed a separate and
distinct part hereof and such ruling shall not affect the valJ. dity of the re-
mainder hereof.
SECTION 8: Repealing Provisions.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 9: Effective Date.
This Ordinance shall become effective in the manner and at the
time provided for by the Ordinances and the Charter of the CITY OF
BOYNTON BEACH, FLORIDA.
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A. D.
First reading this 3rd day fof September, ~ A.D. 1963
Second reading and final passage this,-J~ day of__~e.~.~e .~ ,._ _ _
!
1963.
(CORPORATE SEAL)
City Clerk
Mayor
Vice Mayor
Councilman
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