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.