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O#1030RDiN~[CE NO. 103. AN ORDINANCE OF THE T0~.i~/~ OF BOYNT0I~', PAL~ BEACH COU!~TY, FLORIDA, PROVIDING FOR PJJLES OF PROCEDURE iN THE ~AYOR~S COURT. WHEREAS, Section 1, of Article V of the Chart'er of the Town of Boymton, being Chapter 8918, Laws of Florida, 1921, states:- ~%e Mayor shall have jurisdiction for the trial of all offenses against the Town ordinances, and he or She shall see that all of th'e ordinances are faithfully executedi He or she shall have power by his or her warrant to have brought be- fore him or her any person or persons charged with the violation of any of the To%~ ordinances, and to require the attendance of witnesses for the Town and for the accused~ to administer Oaths, to take affidavits and inquire into the truth or 'falsity of all charges preferred; to decide-upon the guilt or innocence of the accused and to fix the penalty and to enforce the same by sentence according to law; to pardon and release persons convicted by him or her, i'n term, time or other- wise~ by mandate in writing to the ~arshal or any policeman;, to have and exercise all the powers incident and usual to the due enforcement of his or her jurisdiction. Appeals from the judgment and sentence of the Mayor st~a~l be taken in the time and manner prescribed by law, but ~a!l appeal bonds shall be submitted to the ~ayoP, And if approved by him or her, said appeal mhall operate as a supersedeas. He or she shall keep a record of his or her Official acts, settin~ forth in ~substance the charges preferred against parties brought before him or her by warrants or otherwise, and the judgment rendered in each and every case~ and he or she may require the Town Clerk to make and pres-eryc such record by re- gular minutes when in his or her opinion the public good requires it. He or she may appoint and discharge special policemen and detectives, subject ~o the approval of the Commission at their next regular meeting, f6r special purposes when in his or her opinion the ~ublic good demands.~ and, ~dEREAS, Section 3, of Article V, of the Charter of the Town of Boynton, being chapter 8918~ Laws of Florida, 1921 states:- "~ne Commission shall have the right and authority to appoint or employ a Town ~%arshal or policemen, to prescribe their duties and fix their salaries by ordiance. Each of the Town l~arshals, Deputy Ivlarsha!s and policemen' shall have the power a~d authority to immediately arrest, with or without warrant, and take into custody and person ~¥ho s&~all commit, threaten or attempt to commit, in hipster her presence, or within his or her view, or whom he or she has reasonable grounds to believe has committed an offence prohibited by the ordinances of the Town, and shall without unnecessary delay~ upon making such arrest, bring the offender before the I~ayor to be dealt with according to law. The Town ~{arsha!~s duties, in addition to those herein prescribed, shall be such as may be prescribed by the ordinances of the Tovm.~' NO~f, THEREFORE, BE IT ORDAINED BY THE BOARD OF TO~.~N C0~'~;~ISSIONERS OF THE T0~f~]~~ OF BOYNTON, PAL~ BEACH COU~TY, FLORIDA, as follows:- SECTION 1. Any person who is charged at the in- stance of another with any offense against the ordinances of the Town of Boynton, shall be informed by a warrant served on him, of the nature of the accusation: shall have coJpulsory process for obtaining witnesses in his behalf as prescribed in the State courts of this State; shall have a speedy trial before the Mayor's Court; shall be confronted with the witnesses against him and shall have ths right of cross-examination to the same extent allowed in the State courts of = ~ oh~s State. SECTiON~:2. it shall be the duty of the ~ayor in all cases where complaint is made under oath of a vic- !atiom of any of the ordinances of the Town of Boynt0n, to issue a warrant directed to the Town ~,~arshat, or any policeman at the next term of his court. Ail such warrants shall be issued in the name of the State of Florida, and of the Town of Boy~tgn; shall specify the offense charged amd the time and place of trial; shall be attested in the name of the ~ayor, and be signed by the ~iayor or Clerk. SECTION ~, ~enever the attendance of a~y witness shall be required in the ~v~ayor!s Court, the ~iayor or Clerk shall issue a ~subpoena for said witness, which shall be served by the Town ~arshal or a policeman. ~CTION ~. If a witness who has been subpoenaed shall not attend at the tiral or render a satisfactory excuse for his absence, he shall be fined by the ~ayor in a sum not exceeding ~enty-five Doliars~ or imprisoned not~exceedingt en'.days, or both fined and imprisoned. If the cause shall be continued on acco~nt of his absence~ the ~ayor shall cause to be issued, a~ attachment for him, requiring him to show cuase why he should not be punished for contempt of court. The Town l~arsha! shall execute the said writ by arresting said witness, and holding him safely to await the session of the ~ayor~s Court appointed for the future hearing of the original c crop la in t ~ SECT!01~ 8. ?~aere justice requires it, a continuance shall be granted~ Ail continuances are addressed to the sound discretion of the Court, under the rules governing the State courts of this State~ · SECTION 6. Any persona guilty of disorderly conduct during a~y session of the ~ayor~s Court maybe punished for contempt by 'a fine not exceeding Fifty Dollars, or imprisonment for thirty days, or both. SECT_~ON 7. ~en any fine is imposed by the ~v~ayor and is not paid immediately, the Clerk shall issue an execution i~stanter, which executio~ shall bear test in the name of the~ ~ayor and shall be signed by the Clerk, and the To~a l~arsha! shall at once levy the same on ahy property of the defendant to be~ found within the tov~. The Town ~arshal shall proceed to sell such property in accordance with the law governing sheriff,s sat~s~in this State ~ SECTION 8. Any male perso~ convicted of violating am ordinance of this town, and upon whom a fine shall ha~e been imposed, and who ~shall not pay said fine amd the accrued costs~ shall be com~oel!ed to work out said fine and costs, upon the public works of this town, under the direction of the Town Commission at the rate of One Dollar a day. SECTION a~. Any witness in a cuase in the ~ayor~s Court shall be allowed as compensation for each day~s attendance the sum of Fifty Cents, which fee is to be taxed as costs against the d~fendant in case of convic- tion and against the Town in case of acquittal. SECTION !0. in case of a conviction of a violation of an ordinance of the Town, there shall be taxed as costs against the defendant~ the fees of ~gtl officers prescribed by the ordinances and all of the costs that ha~ze legally accrued in the case. SECTION !i. That the To-~m Clerk sl~ali receive the sum of One Dollar for drawing each affidavit filed in the ~ayor's Court of said Town and the sum of Fifty Cents for issuing each warrant; that the Town ~garshal shall receive the sum of One Dollar for the service of each warrant issued out of said court, which said sums shall be taxed as costs to be paid by the defendant in case of conviction in addition to !the sentence imposed, and to be paid by the Complaining ~fitness or the To~a in case of acquittal. SECTION 12. That where any comp!altar is made in the ~_~ayorts Court by any person other than the Tovm ~[arshal, or a policeman or other department head or officer of said Towua, no affidavit shall be filed or warrant issued until the complaining witness shall de- posit with the Clerk the sum of Two Dollars and Fifty ~ents~ to guarantee the payment of the fees p~ovided in Section !!; that in case of conviction, said sum shall be refunded to the comp~&aining witness, and in case of acquittal, said cost shall be taxed against the complaining witness, provided, however, that if any person is insolvent and unable to advance said costs~ he may make an affidavit that he has good grounds of complaint and is insolvent and has no money with which to pay said costs and if said affidavit be supported by the affidavits of two reputable citizens of said Town, who shall swear that they verily be!,i.~ve the complainant to be insolvent and unable to pay said flees, in that case, the ~ayor shall make an order that said affidavit and warrant be issued and served without the payment of said costs. SECTION 13. ~en not otherwise provided, the same fees shall be taxed in the Eayor~s Court as in Courts of Justices of the Peace. SECTION 14. That when the Town Narshal! or any policeman shall arrest, without a warrant, any person or persons who shall commit, threaten, or attempt to commit, in the presence of said officer or within his view, any offense prohibited by ordinances of the Totem of Boynton, at a time when the Nayor~s Court is not in session; said Town ~arshal or policeman, may release said person so arrested upon taking cash security for his appearance at the next Session of said Eayor~s Court in an amount pre- scribed by the Mayor. That the Mayor shall make and file with 'the Town Marshal a schedule of the amount of cash security tO be taken for the various offenses punishable by the Ordi- nances of the said Town, and in no case shall the Tovzn ~arshal, or any policeman, release any person so arrested, without taking a cash security in the amount so prescribed by said ~ayor, provided, however, ~nat said Mayor may re- vise said schedule from time--to time, or may in any indi- vidual case, by written order, fix the amonnt different from said schedule. SECTION 14-A. That where any money is deoosited &s a cash bond security for the appearance of any person before the Mayor's Court of said Town, and the said bond is not estreated or forfeited, then and in that event the Town Clerk shall refund to the person making said deposit the amount thereof~ or the amount thereof less any fine and costs that may have been levied against said person in the ~ayor~s Court. The person demanding said refund shall produce and surrender the original re- ceipt given for said deposit, or shall produce evidence satisfactory to the Clerk that said receipt has been lost and that he is entitled to receive said money, pro- -~ided~ however, that if any person shall fail to clai~ or demand any such deposit within six months of the day upon which he was entitled to receive said refund, then and in that e~ent, he shall be deemed to have aban- doned his claim to said deposit, and said money shall be paid by the Clerk into the Town treasury. SECTION 18. That all monies collected by the imposi- tion of fines, and by the forfeitures of bonds are hereby appropriated for the maintenance and operation of the Police Department of the To~rn of Boy, ton, in Palm Beach County, Florida. SECTION i~. That all Ordinamces and ~arts of Ordi- in conflict with~, or contrary to, the provisions of this Ordinance, be, a~d the same are hereby re~ealed. THIS ORDINANCE ha~ing been read in full at a meeting of the Board of Tow~ Commissioners~ of the Town of Bo~-nton, Florida, held on the seventh day of September, !~i, was finally~ adopted on its final reading at~a Regular ~eeting of said Board of Town Commissioners held on the Seventeenth day of September, 1929, and a copy hereof posted at the door of the Town Hall. H. T. Ho!l~.~ay, Mayor Harry Benson, ~ice ~ayor (Signed) S. L. Swinda!l, Town C terk ( Sign ed) Commissioners of the To.~ of Boynt on, Florida.