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O93-26ORDINANCE NO. 093-~$~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, CREATING A BOYNTON BEACH ORDINANCE ENTITLED "CITY OF BOYNTON BEACH HUMAN / RIGHTS ORDINANCE" PROHIBITING/ DISCRIMINATION IN EMPLOYMENT, HOUSING AN? PUBLIC ACCOMMODATIONS AND PROMOTING SA~D OPPORTUNITIES WITHOUT REGARD TO RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, SEXUAL ORIENTATION, HANDICAP, MARITAL STATUS, FAMILIAL STATUS, OR / AGE; PROVIDING FOR PROCEDURES FOR ENFORCEMENT OF CHAPTER; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION ~AND AN EFFECTIVE DATE. ~ WHEREAS, the City Commission of/ the City of Boynton Beach, Florida wishes to secure for a~i individuals within the City of Boynton Beach freedom fro~discrimination in housing, employment and public accommod~tions on account of race, color, national origin, religion, sex, sexual orientation, age, handicap, marital stat~s or familial status; and WHEREAS, the City Commission believes that the provisions ~ set forth herein will'" accomplish this purpose and are necessary to the welJfare of the citizens of the City of Boynton Beach, Florida; and NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF T~E CITY OF BOYNTON BEACH, FLORIDA, THAT: Section ~. There is hereby created a "City of Boynton Bea~h Human Rights Ordinance", as follows: Section !. I. General. Section iA. Title. This Ordinance shall be known and may be cited as the ,City of Boynton Beach Human Rights Ordinance". Section lB. Purpose; declaration of policy. The general purpose of this Ordinance and the policy of the City, in keeping with the laws of the United States of America and the spirit of the Constitution of the State of Florida, is to promote through fair, orderly and lawful procedure the opportunity for each person so desiring to obtain employment, housing and public accommodations of the person's choice in the city without regard to race, color, national origin, religion, sex, sexual orientation, handicap, marital status, familial status, or age, and to that end, to prohibit discrimination in employment, housing and public accommodations by any person. Section lC. Definitions - words defined. For the purpose of this!Ordinance, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings: Administrator. That person appointed pursuant to section 1D. herein. Age. The chronological age of any individual who is eighteen (18) years or older. Classification category. That category to which discrimination is prohibited herein as set forth within Section lB. of this Ordinance, said categories being as follows: race, color, national origin, religion, sex, sexual orientation, handicap, marital status, familial status, or age. Discriminatory practice. An intentional act that is unlawful and prohibited as defined herein. Employee. AA person employed by or seeking employment from an employer. It does not include any person employed by parents, spouse or child. A person employed by the City of Boynton Beach is not an employee for the purpose of this ordinance. Employer. Any person who has five (5) or more employees, in each of the four (4) or more calendar weeks in the current calendar year, and any agent of such person. The City of Boynton Beach is not an employer for the purpose of this ordinance. Entity. Includes employee, employer, person, as used or defined herein. Family. One (1) or more individuals living as a single housekeeping unit. such individual or individuals; or Familial status. Means one or more individuals who have not attained the age of 18 years being domiciled with: 1. A parent or another person having legal custody of 2. The designee of such parent or other person having such custody, with the written permission of such parent or other person. Handicap. 1. Have Handicapped persons are persons who: a physical or mental impairment which substantially limits one or more of such persons' major life activities. 2. Have a record of such impairment; or 3. Are regarded as having such an impairment. The term ~I does not include persons who have current, illegal use of or addiction to alcohol or a controlled substance as defined by Section 893.02, Florida Statutes, as now enacted or hereinafter amended. i. A handicapped individual is "qualified" with respect to employment if such individual can perform the essential functions or the job in question with reasonable accommodations. ii. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. iii. "Substantially limited" means likely to experience difficulty in securing, retaining or advancing in employment because of a handicap. Housing or housing accommodations. Any building, structure or portion thereof, or other facility which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which .~ is offered for sale or lease for the construction or location 'thereon of any such building, structure, or portion thereof, mobile home, trailer or other facility. However, nothing in this Ordinance shall apply to rooms or units in housing 3 containing living quarters occupied Of intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his/her residence. Interested party. The person filing a complaint or the person against whom a complaint has been filed. Marital status. The state of being unmarried, married, or separated, as defined by state law. The term "unmarried" includes persons who are single, divorced or widowed. Mediation agreement. A written agreement entered into between a complainant and respondent setting forth the resolution of the issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the complainant, the respondent, and the mediator. Mediator. That person appointed pursuant to section 5E. herein. National origin. The origin of an ancestor, the country of origin or a person's forbearer, naturally, by marriage or by adoption. Owner. Any person, including but not limited to a lessee, sublessee, assignee, manager or agent, and also including the city and its departments or other subunits, having the right of ownership or possession of the authority to sell or lease any real property. Person. One or more individuals, employees, employers, employment agencies, owners, businesses, governments, government agencies, governmental departments, unions, joint apprenticeship committees, firms, associations, joint ventures, partnerships, estates, trusts, trustees, trustees in bankruptcy, joint-stock companies, receivers, syndicates, fiduciaries, corporations, unincorporated organizations, and all other groups or combinations. The City of Boynton Beach~ its Boards~ its Departments, its aqencies, and its employees are not person for the ~urpose of this ordinance. Public accommodations shall mean any retail 4 establishment, an inn, hotel, motel or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence; any restaurant, cafeteria, lunchroom, lunch counter, soda fountain or other facility principally engaged in selling food for consumption on the premises including, but not limited to, any such facility located on the premises of any retail establishment, or any gasoline station; any bar, lounge, nightclub or other facility principally engaged in selling alcoholic beverages for consumption on the premises or any facility principally engaged in selling both food and alcoholic beverages for consumption on the premises; any motion picture house, theater, concert hall, convention hall, or other place of exhibition of entertainment; and any establishment which is physically located within the premises of any establishment otherwise covered by this chapter or within the premises of which is physically located any such covered establishment, and which holds itself out as serving patrons of such covered establishment. Real property. Any land, buildings, fixtures, and all other improvements to land. The terms "land", "real estate", "realty", and "real property" may be used interchangeably. Rent. To lease, sublease, assign, let or otherwise grant for a consideration the right to occupy premises that are not owned by the occupant. Respondent. Any person against whom a complaint is filed pursuant to this chapter. Sale. Includes any contract to sell, exchange, convey, transfer or assign legal or equitable title to, or a beneficial interest in, real property. Sex. The state of being a male or female. Sexual orientation. The condition of being heterosexual, homosexual, or bi-sexual. 5 Section 1D. Administrative authority; powers and duties. A. The provisions of this chapter shall be administered by and enforced by the City's Nuisance Abatement Board, under the direction of the City Manager or his/her designee. For purposes of administration of the provisions of this chapter, the City Manager or his or her designee shall be the administrator. B. The administrator's powers and duties include the following: 1. Receive written complaints as provided by this chapter relative to alleged unlawful discriminatory practices and transmit same to a mediator for proper handling. 2. Establish, administer or review programs at the request of the city commission and make reports on such programs to the city commission; 3. Render to the city commission annual written reports of activities under the provisions of this chapter along with such comments and recommendations as the administrator may choose to make; 4. Cooperate with and render technical assistance to federal, state, local and other public and private agencies, organizations and institutions which are formulating or carrying on programs to prevent or eliminate the unlawful discriminatory practices covered by the provisions of this chapter; 5. Conduct educational and public information activities that are designed to promote the policy of this chapter. II. DISCRIMINATORY PRACTICES. Section 2A. Discrimination in employment. It is unlawful discriminatory practice for an employer to fail to hire or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to that individual's compensation, terms, conditions, or privileges of employment, because of such individual's classification category. Section 2B. Discrimination in public accommodations. A. It is unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, resort or amusement because of the classification category of any person, directly or indirectly, to refuse, withhold from or deny to such person any of the accommodations, advantages, facilities or privileges thereof, that are afforded the other customers, or directly or indirectly, to publish, circulate, issue, display, place, maintain,post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities, and privileges of any such place shall be refused, withheld from or denied to any person on account of classification category or that the patronage of any person belonging to any particular classification category is unwelcome, objectionable or not acceptable, desire or solicited. B. The production of or proof of the display or maintenance of any such written or printed notice or advertisement purporting to relate to any place of public accommodation shall be presumptive evidence that such display or maintenance was authorized by the person maintaining and operating such place of public accommodation. Section 2C. Discrimination in housing. A. In connection with any of the transactions set forth in this section affecting a housing accommodation, it shall be unlawful for any person, owner, financial institution, real estate broker or any representative of the above to engage in any of the following acts beCause of the classification category of a prospective buyer, renter, lessee or any person associated therewith: 1. To refuse to sell, purchase, rent, lease, ~ finance, negotiate or withhold any housing accommodation or to 7 evict a person; or 2. To discriminate against a person in the terms, ~ conditions, or privileges of the sale, purchase, rental or lease of any housing accommodation, or in the furnishing of facilities or services in connection therewith; or 3. To refuse to receive or transmit a bona fide offer to sell, purchase., rent or lease any housing accommodation; or 4. To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation; or 5. To refuse to lend money, whether or not secured by mortgage, or otherwise refuse to make funds available for the purchase acquisition, construction, alteration, improvement, repair or maintenance of any housing accommodation or to impose different terms or conditions of such financing or refuse to provide title or insurance relating to the ownership or use of any interest in any housing accommodation; or 6. To make, publish, print, circulate, post, mail or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, purchase, rental, lease or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease or financing of any housing accommodation which indicates any discrimination or any intent to discriminate; or 7~ To discriminate in any financial transaction involving real property because of its location, i.e., to 8. To offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or lease with the understanding that a person may be subjected to discrimination in connection with such sale, purchase, rental, lease, or the furnishing of facilities or services in connection therewith; or 9. To induce directly or indirectly, or attempt to induce directly or indirectly, the sale, purchase, rental, lease or the listing for any of the above, of any housing accommodation by representing that the presence or anticipated presence of a person of a particular classification category will or may result in: a. The lowering of property values in the area; b. An increase in criminal or anti-social behavior .1 in the area; or c. A decline in the quality of the schools serving in the area; or 10. To make any representations concerning the listing for sale, purchase, rental, or lease, or the anticipated !I listing for sale, purchase, rental, or lease of any housing ii accommodation for the purpose of inducing or attempting to induce any such listing for any of the above transactions; or 11 To engage in or hire to be done, or to conspire with others to commit acts or activities of any nature, the purpose of which is to coerce, cause panic, incite unrest, or create or play upon fear With the purpose of either discouraging or Iiinducing, or attempting to induce, the sale, purchase, rental, lease or listing of any housing accommodation on any basis prohibited by this chapter; or 12. To aid, abet, incite, compel or coerce any person to engage in any of the practices prohibited by this chapter, or to obstruct or prevent any person from complying with the provisions of this chapter or any order issued hereunder; or 13. To resist, prevent, impede or interfere with the {i mediator in the lawful performance of his/her duties under this chapter; or 14. To canvass to commit any unlawful practice ~ prohibited by this chapter; or 9 15. To deny or withhold any housing accommodation from a person on any basis prohibited by this chapter; or 16. To deny any qualified person access to or membership in or participation in any multiple-listing service, real Ii estate brokers' organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership, or participation on any basis prohibited by this chapter. B. In connection with the design and construction of covered multifamily dwellings submitted for building permit on or after March 1, 1990, and first occupied after March 13, 1991, it shall be unlawful to fail to design and construct those housing accommodations in such a manner that: 1. The public use and common use portions of such dwelling are readily accessible to and usable by handicapped persons; 2. All the doors designed to allow passage into and within all premises within such housing accommodations are sufficiently wide to allow passage by persons in wheelchairs; and 3. All premises within such accommodations contain the following features of an adaptive design: a. An accessible route into and throughout the dwelling; b. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations; c. Reinforcements in the bathroom walls to allow later installation of grab bars; and d. Useable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. C. As used in this section, "covered multifamily dwelling" means: 1. A building which consists of four (4) or more 10 housing units and has an elevator; or 2. The ground floor units of a building which consists of four (4) or more housing units and does not have an elevator. D. Conformance with the appropriate specifications of the American National Standards Institute for buildings and facilities providing accessibility and usability for physically handicapped persons, commonly cited as "ANSI All7.1 (1986)," suffices to satisfy the requirements of this ordinance. Section 2D. Retaliation, coercion, interference, obstruction or prevention of compliance with this chapter. It is unlawful discriminatory practice for a person to conspire to: A. Retaliate or discriminate against a person because such person has opposed a discriminatory practice or because such person has made a charge, filed a complaint, testified, assisted or participated in an investigation, proceeding or hearing under this chapter; B. Aid, abet, incite or coerce a person to engage in an unlawful discriminatory practice; C. Willfully interfere with the performance of a duty or the exercise of a power by the administrator, board or one (1) of its staff members or representatives; or D. Willfully obstruct or prevent a person from complying with the provisions of this Ordinance or an order issued hereunder. III. EXCEPTIONS. Section 3A. Employment. Notwithstanding any other provision of this ae Ordinance: 1. It is not an unlawful discriminatory practice for an employer to hire and employ employees on the basis of that individual's classification category in those certain instances where such classification category is a bona fide occupational qualification reasonably necessary to the normal operation of that particular bUsiness or enterprise; and 2. It is not an unlawful discriminatory practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution of learning is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society or if the curriculum of such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion. However, this exception will not apply if such institution restricts membership in its organization on the basis of race, color or national origin. B. Notwithstanding any other provision of this Ordinance: 1. It is not an unlawful discriminatory practice for any employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earning by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of one's classification category. 2. It is not an unlawful discriminatory practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results is not designed, intended, or used to discriminate because of one's classification categOry° C. Nothing contained in this Ordinance shall be interpreted to require any employer to grant preferential treatment to any individual or to any group because of the classification category of such individual or group, on 12 account of an imbalance which may exist with respect to the total number or percentage of persons of any classification category employed by any employer in comparison with the total number of percentage of persons of such classification category in any community, state, section or any other area, or in the available work force ~ section or other area. in any community, state, D. This Ordinance shall not apply to a religious corporation or association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. E. Notwithstanding any other provisions of this Ordinance, it is not an unlawful discriminatory practice for an employer to consider an individual's religion when making a decision concerning that individual if the employer demonstrates that the reason for considering that individual's religion observance or practice without undue hardship on the conduct of the employer;s business. F. The City of Boynton Beach, its Boards, Departments~ agencies, and employees~ are exempt from this ordinance and no complaint against them shall be processed by the administrator. No employee of the City of Boynton Beach may file a complaint against any person or against the City, its Boards, agencies, departments or employees. Section 4A. Housing. A. Nothing in this Ordinance shall prohibit a religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting or from advertising the sale, rental or occupancy of housing which it owns or operates for other than a commercial purpose to 13 persons of the same religion or from giving preference to such persons. However, this exception shall not apply if such religious organization, association, society or any nonprofit, charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization restricts membership in its organization .on the basis of race, color or national origin; nor shall anything in this Ordinance prohibit a private club not in fact opened to the public, which as an incident to its preliminary purpose provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. B. No provision in this Ordinance regarding familial status shall apply to housing for older persons. 1. As used in this subsection, "housing for older persons" means housing: a. Provided under any local, state or federal program that the administrator determines is specifically designed and operated to assist elderly persons as defined in the local, state or federal program; b. Intended for and solely occupied by persons sixty-two (62) years of age or older; or c. Intended for and occupied by at least one (1) person fifty-five (55) years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the administrator shall develop regulations which require at least the following factors: i. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; ii. That at least eighty (80) percent of the 14 housing is occupied by at least one (1) person fifty-five (55) years of age or older per unit; and iii. The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five (55) years of age or older. 2. Housing shall not fail to be considered housing for older persons if: i. A person who resides in such housing on or after the effective date of the ordinance from which this Ordinance is derived does not meet the age requirements of this subsection, provided that any new occupant meets such age requirements; or ii. One (1) or more units are unoccupied, provided that any unoccupied units are reserved for occupancy by persons who meet the age requirements of this subsection. C. Nothing contained in this Ordinance shall preclude the seller, developer, condominium association, lessor, property owner, or that person's authorized agent, from setting forth reasonable rules, regulations, terms and conditions pertaining to the sale or lease or disposal of said person's property; provided such rules, regulations, terms and conditions are not based on race, color, religion, sex, sexual orientation, national origin, age, handicap, familial status, or marital status and provided there is no conflict with the affirmative provisions set forth in this Ordinance. Furthermore, nothing in this Ordinance shall preclude reasonable rules, regulations, or terms and conditions pertaining to the safe and prudent use by minors of facilities and amenities provided in conjunction with real property. Section 4B. Public accommodations. A. Nothing in this Ordinance shall be applied to: 1. Discrimination on the basis of sex in restrooms, shower rooms, bathhouses, health spas or similar facilities, which are by their nature distinctly private, or 15 i dormitory-lodging facilities; 2. A religious organization, association or society or any nonprofit institution or organization operating, supervised or controlled by or in conjunction with a religious organization, association or society from limiting facilities and accommodations which it owns or operates for other than a commercial purpose to persons of the same religious organization or from giving preference to such persons. However, this exception shall not apply if such religious organization, association, society or any nonprofit, charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization restricts membership in its i organization on the basis of race, color or national origin. B. Nothing in this Ordinance shall prohibit the limiting of the use of kindergartens, nurseries, day care centers, theaters and motion picture houses to persons of a particular age group. Section 4C. Religious organizations. The provisions in this Ordinance relating to sexual orientation shall not apply to any religious organization, association, society or any nonprofit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. IV. ENFORCEMENT. Section 5A. Filing time limit. Any person alleging that an unlawful discriminatory practice has occurred may file a complaint with the administrator within thirty (30) cnc..-..-~-~"~-~ -..-~ ~..-~~" ~'~ ~°n~, days after the alleged unlawful discriminatory practice occurred. A filing fee of ~ ..... ~y_~ ~1=~- ,eg~ na~ Fifty and no/100 ($50.00) shall be-..-~---~, paid at time of filing which fee shall be used to set off costs in the administration of this Ordinance; this filing fee may be waived in whole or 16 in part~ for indigent persons upon obtaining certification of indigency based on an affidavit filed with the administrator certifying that the complainant is indigent and unable to pay the subject charges. Section 5B. Information on complaint. A complaint of an unlawful discriminatory practice must be in writing, sworn to or affirmed, and shall state the name !i and address, if known, of the respondent, the facts upon which il the complaint is based and other such information as the ~i administrator requires. The administrator shall not process nor make any record of an anonymous complaint. Section 5C. Notification of respondent; answer. The administrator shall, within ~ ..... ~y ,~n ....... ~~v) five (5) days after the filing of a complaint of an unlawful discriminatory ~' practice or the identification of an additional respondent to a complaint, serve on each respondent by certified mail or personal delivery a copy of the complaint and a notice identifying the alleged unlawful discriminatory practice and advising each respondent of the procedural rights and obligations of respondents under this Ordinance. Each respondent ma~ shall file, within ~.._.._z~-- ,gn~,_., ten (10) days after receipt of notice from the administrator, an answer to such complaint. Section 5D. Amending complaints or answers. A complaint of an unlawful discriminatory practice or answer may be amended at any time when it would be fair and reasonable to do so, and the administrator shall furnish a copy of each amended complaint or answer to the respondent or complainant, respectively, as promptly as practicable. Section 5E. Mediator. A mediator shall be appointed by the City Manager to act as a neutral third person to encourage and facilitate the resolution of any complaint filed pursuant to the terms of this Ordinance. The mediator shall be an individual who shall ~ have been determined by the City Manager and the City Attorney 17 to have the knowledge, skills, and abilities to perform in such capacity as mediator. Section 5F. Processing complaints. · - ) fifteen (15) days after service of the Within th:rty t.~n complaint upon the respondent, the administrator shall refer the complaint to a member of his/her department who shall contact both parties to inquire if mediation is feasible. If feasibler the City Manager shall appoint a mediator within five (5) days, ~ who shall attempt to mediate the dispute and to report to the City Manager on the results of the mediation efforts within ~ ~"~ ~ + ..... +" ' ~n~ f~f~o~n {15) da~s of roco~v~n~ gho mod~ag~on ass~nmong. ~ ~ ~ ~" agrcc~c~t--~+ ...... ~h~ cc~! ' -..,~ -~ ......................... al~ant viclatcd. Section 5H. Proceeding before Nuisance Abatement Board. Abatcmcnt ~^~ ~ ~ ......." ~++~ findings 18 B. In the event mediation is not pursued or fails to resolve a complaint ~*~ *~ ............ ~ ~ .... ~ ........ ~ ~ a3me~e~ the complaint shall be referred to the City Attorney. If the City Attorney has reasonable cause to believe that a violation of this Ordinance has occurred, he or she shall present the complaint to the Nuisance Abatement Board within forty-five (45) days pursuant to their complaint and hearing procedures; persons found in violation of this ordinance shall be subject to the following penalties: For a first finding of an unlawful discriminatory practice ~thin a ~ve period ............. ~ .............. Up to $250.00 For a subsequent finding of an unlawful discriminatory practice within a five year period ................................... Up to $500.00 Section 5I. Additional remedies. The procedures prescribed by this Ordinance do not constitute an administrative prerequisite to another action or remedy available under other law. Further, nothing in this Ordinance shall be deemed to modify, impair, diminish, limit or otherwise affect any right or remedy conferred by local, state or federal law. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the 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. ordinance. Section 6. immediately upon passage. FIRST READING this ~ Authority is hereby granted to codify said This ordinance shall become effective day of August, 1993. 1993. SECOND, FINAL READING and PASSAGE this day of August, 19 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk (Corporate Seal) Commissioner Commissioner Commissioner Rights.Ord Rev.7/29/93 Rev.8/ll/93 20