02-023ORDINANCE NO. 02-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 2. ADMINISTRATION,
SECTION 2-11. MAINTAINING ORDER, DECORUM
AT COMMISSION MEETINGS BY DELETING
SECTION 2-11 IN ITS ENTIRETY AND IN ITS PLACE
AND STEAD CREATING A NEW SECTION 2-11;
PROVDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission finds it is in the best interests of the public to
>rescribe more definitive rules to ensure that decorum is maintained at public meetings;
md
WHEREAS, specific rules regarding the decorum are necessary to regulate
irrelevant debate and disruPtive behavior at a public meeting which if unregulated, would
:ause such meetings to drag on interminably and deny others the opportunity to voice
their opinions; and
WHEREAS, the City Commission intends to adopt decorum standards which are
the least intrusive and least restrictive means of maintaining control at public meetings;
and
WHEREAS, no restriction adopted by the Commission regarding the expression
of opinion at public meetings is intended to limit any member of the public from
expressing their opinion in any alternate forum or by written form to the Commission;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clause is hereby ratified as true and
correct and incorporated herein by this reference.
Section 2. That Chapter 2., Administration, Section 2-11 of the Code of
Ordinances is hereby deleted in its entirety, and in its place and stead a new Section 2-11
is hereby created as follows:
Sec. 2-11. Maintaining order, decorum at commission meetings.
(a) No person shall willfully interrupt or disturb the proceedings or
meeting of the City Commission or any City board.
(b) Only those individuals recognized by the presiding officer are
authorized to speak to the Commission or to a City board. All
other speech, remarks, or comments are unauthorized.
Unauthorized speech, remarks, comments, stamping of feet,
...whistles, yells and similar actions or demonstrations constitute an
interruption to public meetings, and are prohibited.
(c) All persons attending any city meeting shall render inaudible any
beepers, cellular telephones, or other mechanical or electronic
devices while such meeting is in session.
(d) The presiding officer shall preserve strict order and decorum at si!
meetings.
(e) The chief of police or such member or members of the police
department as the chief may designate shall be sergeant-at-arms at
the regular and special meetings of the city commission or board.
The sergeant-at-arms shall carry out orders and instructions given
by the presiding officer or by a majority of the City commiasion or
board present for the purpose of maintaining order and decorum
at the city commission meetings.
(f) The City Commission shall allow members of the public to
address the Commission regarding items not on the Commission
agenda. The time for addressing the Commission with non-agenda
comments shall be designated "Public Audience". The
Commission may, by order of the day, limit the time that members
of the public may address the Commission. If no orders of the day
are established, the time limit for addressing the Commission in
three (3) minutes.
(g) The City Commission may allow members of the public to address
the Commission on non-public hearing agenda items under such
rules as are adopted from time to time by the Commission by
motion.
(h) The City Commission shall allow members of the public to address
the Commission on public hearing agenda items under such rules
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as are adopted from time to time by the Commission by motion.
(i) Any person who causes an interruption of the meeting shall be
warned by the Presiding officer that the conduct is interfering,
with the order of the meeting and shall be given the opportuni .ty to
cease the conduct which constitutes an interruption. If the
individual fails to cease the offending conduct and continues
interrupting the meeting~ the individual shall be removed from the
meeting room if the sergeant-at-arms is so directed by the
presiding officer, and such person shall be barred from further
au dience for the remainder of the meeting. In case the presidim,
officer shall fail to act, any member of the city commission may
move to require the presiding officer to act to enforce the rules,
and the affirmative vote of the maiority of the city commission or
board shall require the presiding officer to act.
(j) Any person who, at a city commission or board meeting, willfully
interrupts or disturbs such meeting in violation of ~871.01, Florida
Statutes, entitled "Disturbing Schools and Religious and Other
Assemblies," is subject to arrest by those law enforcement officers
present. No action by the presidin~ officer is required for a law
enforcement officer to enforce §871.01, Florida Statutes.
(k) In addition to any other remedy provided by law, a violation of the
City's decorum ordinance may be prosecuted as a municipal
ordinance violation by issuance of a notice to appear, served on
the violator as set forth in Rule 3.125, Florida Rules of Criminal
Procedure.
(1) All references in this ordinance to City Commission shall also
mean Ci.ty Boards.
(m) Nothing herein shall be construed to limit any member of the
public from expressing their opinions outside of a public meetin?
or by expressing their opinions in written form directed to th e Ci.ty
Commission or any city board.
Section 3. All ordinances or parts of ordinances in conflict herewith be and
same are hereby repealed.
Section 4. Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 5. AUthority is hereby granted to codify said ordinance.
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Section. 6. This ordinance shall become effective immediately upon passage.
· FIRST READING this ~ day of June, 2002.
SECOND, FINAL READING AND PASSAGE this 18 day of 3ctr~._. ,
2002.
BEACFI, FLORIDA
ATTEST:
Commissioner
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