BOYNTON.1 PART II
CODE OF ORDINANCES
Chapter 1
GENERAL PROVISIONS
Sec. 1 - 1. How Code designated and cited. time prescribed or allowed by this Code, the day of
the act, event or default from which the designated
The ordinances embraced in the following period of time begins to run shall not be included.
chapters and sections shall constitute and be The last day of the period so computed shall be
designated the “Code of Ordinances, C ity of Boynton incl uded unless it is a Saturday, Sunday or legal
Beach, Florida,” and may be so cited. (Code 1958, § holiday in which event the period shall run until the
1 - 1) end of the next day which is neither a Saturday,
Charter reference - Authority to codify Sunday or legal holiday. When the period of time
ordinances, § 33. prescribed or allowed is less than seven (7) days,
interme diate Saturdays, Sundays and legal holidays
shall be excluded in the computation.
Sec. 1 - 2. Rules of construction.
County. The words “the county” or “this county”
In the construction of this Code, and of all shall mean the county of Palm Beach.
ordinances, the following rules shall be obse rved,
unless the context clearly indicates otherwise: Gender. A word importing the masculine gender
only may extend and be applied to femal es and to
City. The words “the city” or “this city” shall be firms, partnerships and corporations as well as to
construed as if the words “of Boynton Beach” males.
followed it and shall extend to and include its several
officers, agents and employees. Number. A word importing the singular number
only may extend and be applied to several persons
City council/c ommission. Whenever the words and things as well as to one person and thing.
“city council” are used, they shall be construed to
mean the city council of the City of Boynton Beach, Oath. The word “oath” shall be construed t o
and all references within the Charter and include an affirmation in all cases in which, by law,
Code of Ordinances of the City of Boynton Beach to an affirmation may be substituted for an oath, and in
the term “city council” are henceforth defined as such cases the words “swear” or “sworn” shall be
synonymous to the term “city commission”; and equivalent to the words “affirm” and “affirmed.”
further, that any reference to the term “councilman”
shall be synonymous to the term “commissioner” as Officers, agencies. Wherever reference is made
provided for in Ordinance No. 87 - 4. in this Code to any officer or agency, such as “city
manger,” “the mayor”, “the city clerk”, “planning and
Code 1958. Any reference herein to “Code zoning board”, and so forth, such reference shall be
1958” shall be construed to mean the “Code of construed to mean such officer or agency of the city
Ordinances, City of Boynton Beach, Florida”, and shall include the duly authorized subo rdinates or
adopted October 20, 1958, by Ordinance Number personnel of such officer or agency.
315, as from time to time amended and supplemented
through and including Ordinance Number 77 - 37, Or, and. “Or” may be read “and,” and “and”
adopted January 3, 1978. may be read “or” if the sense requires it.
C omputation of time. In computing any period Owner. The word “owner,” applied to a building
of
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Boynton Beach Code
2
or land, shall include any part owner, joint owner,
tenant in common, tenant in partnership, joint tenant, Sec. 1 - 5. Severability of parts of Code.
or tenant by the entirety, of the whole or of a part of
such building or land. The sections, p aragraphs, sentences, clauses and
phrases of this Code are severable, and if any phrase,
Person. The word “person” shall extend and be clause, sentence, paragraph or section of this Code
applied to associations, clubs, societies, firms, shall be declared unconstitutional, invalid or
partnershi ps, co - partnerships, and bodies politic and unenforceable by the valid judgment or decree of the
corporate as well as to individuals. court of compet ent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining
Personal property includes every species of phrases, clauses, sentences, paragraphs and sections
property except real property. of this Code.
(Code 1958, § 1 - 5)
State. The words “the state” or “this state” shall
be construed to mean the State of Florida.
Sec. 1 - 6. General penalties; continuing
Tense. Words used in the present or past tense violations; adjudging fines and
include the future as well as the present or past. imprisonments.
(Code 1958, § 1 - 2; Ord. No. 87 - 4, § 2, 2 - 3 - 87)
State law reference - General statutory (a) It shall be unlawful for any person to violate
definitions and rules of construction, F.S. Ch. 1. or fail to comply with any provision of this Code or
other ordinance of the city and where no specific
penalty is provided therefor, the maximum penalty
Sec. 1 - 3. Catchlin es of sections. which may be imposed upon any per son who shall be
adjudged to have violated any provision of this Code
The catchlines of the several sections of this or other ordinance of the city shall be a fine not
Code printed in boldface type are intended as mere exceeding five hundred dollars ($500.00) or a term of
catchwords to indicate the contents of the section and imprisonment not in excess of sixty (60) days, or by
shall not be deemed or taken to be the titles of such both such fine and imprisonm ent; provided, however,
sections, nor as any part of th e section, nor, unless that, this section shall not conflict with any penalties
expressly so provided, shall they be so deemed when imposed for any offense under the laws of the State of
any of such sections, including the catchlines, are Florida, and no penalty for violation of this Code or
amended or re - enacted. (Code 1958, § 1 - 3) any ordinance of the city shall exceed the maximum
penalty provide d for the violation of a comparable
state law. Each day any violation of any provision of
Sec. 1 - 4. Effect of repeal of ordinances. this Code or other ordinance of the city shall
continue, shall constitute a separate offense.
The repeal of an ordinance shall not revi ve any
ordinances in force before or at the time the (b) Whenever the judgment of a court of
ordinance repealed took effect. appropriate jurisdiction shall , under any of the
ordinances of the city, adjudge a person to pay a fine,
The repeal of an ordinance shall not affect any or a fine and costs of prosecution, such judgment
punishment or penalty incurred before the repeal took shall also provide a period of time for which such
effect, nor any suit, prosecution or proceeding person shall be imprisoned in default of the payment
pending at the time of the repeal, for an offense of the same.
committed or cause of action arising under the
ordinance repealed. (Code 1958, § 1 - 4) (c) Whenever the sentence shall be one of both
State law reference - Repealed statute not revived fine and imprisonment, it shall also provide for an
by implication, F.S. § 2.04. additional period of imprisonment, for which such
person shall be held in default of payment of the fine
and/or costs of prosecution imposed. Such additional
Genera l Provisions
3
period shall commence to run from the expiration of inconsistent with this Code:
the other period of imprisonment fixed by the
sentence, provided that in no case shall the
imprisonment for failure to pay a fine, or fine and
costs, together with any other imprisonmen t in the
same case, exceed the period of six (6) months.
Nothing in this section shall exempt a prisoner from
being put to labor during the period of such
additional imprisonment. (Code 1958, § 1 - 6)
Sec. 1 - 7. Cost assessed for law enforcement
educatio n.
(a) The court trying city ordinance violations
shall assess two dollars ($2.00) as additional court
costs against every person convicted for violation of
a municipal ordinance as authorized by Section
943.25 of the Florida Statutes. All such sums shal l be
turned over to the finance director to be deposited in
a fund as established in (b) to be known as the law
enforcement education fund.
(b) There is hereby established a fund to be
known as the law enforcement education fund. All
funds received by th e city from the assessment of
court costs established in this section shall be
segregated from all other funds of the city and set
apart by the finance director in a separate fund to be
known and designated as the law enforcement
education fund. Such funds may, from time to time,
in the discretion of the city commission, be invested.
The interest received upon such funds and the
principal thereof may, upon the request of the chief
of police, be used for law enforcement education
expenditures for the benefit of members of the city
police department. Expenditures shall be permitted
by the city manager, upon approval of the city
commission, when authorized in accordance with
law. (Code 1958, § 2 - 10.1; Ord. No. 81 - 23, § 1, 8 - 4 -
81)
Sec. 1 - 8. Certain ordinances not affected by
Code.
Nothing in this Code or the ordinance adopting
this Code shall be construed to repeal or otherwise
affect the validity of any of the following when not
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Boynton Beach Code
4
and all such ordinances are hereby recognized as
continuing in full force and effect to the same extent
as if set out at length herein.
Sec. 1 - 9. Ordinances; city laws and
codification.
Ordinances of the city commission adopted in a
manner provided by law shall constitute the laws of
the city and shall be in full force and effect until
repealed. The city commission shall have the power
to have the city ordinances codified, and published i n
book form. (Ord. No. 91 - 16, § 3, 4 - 2 - 91)
Sec. 1 - 10. Reciprocity implied.
In the construction of this Code, all provisions
which establish a distance requirement between types
or kinds of businesses or structures shall be construed
in a manner which m akes that distance requirement
reciprocal. (Ord. No. 91 - 65, § 1, 9 - 19 - 91)
Editor's note - Ord. No. 91 - 65, § 1, adopted Sept.
19, 1991, enacted provisions pertaining to
reciprocity, designated as § 1 - 9. Such section has
been redesignated 1 - 10 by the editor i n order to
avoid duplicative section numbers.