boynton01 PART II
CODE OF ORDINANCES
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the “Code of Ordinances, City of Boynton Beach, Florida,” and may be so cited. (Code
1958, § 1-1)
Charter reference-Authority to codify ordinances, § 33.
Sec. 1-2. Rules of construction.
In the construction of this Code, and of all ordinances, the following rules shall be observed, unless the context clearly indicates otherwise:
City. The words “the city” or “this city” shall be construed as if the words “of Boynton Beach” followed it and shall extend to and include its several officers, agents and employees.
City council/commission. Whenever the words “city council” are used, they shall be construed to mean the city council of the City of Boynton Beach, and all references within the Charter
and Code of Ordinances of the City of Boynton Beach to the term “city council” are henceforth defined as synonymous to the term “city commission”; and further, that any reference to
the term “councilman” shall be synonymous to the term “commissioner” as provided for in Ordinance No. 87-4.
Code 1958. Any reference herein to “Code 1958” shall be construed to mean the “Code of Ordinances, City of Boynton Beach, Florida”, adopted October 20, 1958, by Ordinance Number 315,
as from time to time amended and supplemented through and including Ordinance Number 77-37, adopted January 3, 1978.
Computation of time. In computing any period of
time prescribed or allowed by this Code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period
so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or
legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
County. The words “the county” or “this county” shall mean the county of Palm Beach.
Gender. A word importing the masculine gender only may extend and be applied to females and to firms, partnerships and corporations as well as to males.
Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear”
or “sworn” shall be equivalent to the words “affirm” and “affirmed.”
Officers, agencies. Wherever reference is made in this Code to any officer or agency, such as “city manger,” “the mayor”, “the city clerk”, “planning and zoning board”, and so forth,
such reference shall be construed to mean such officer or agency of the city and shall include the duly authorized subordinates or personnel of such officer or agency.
Or, and. “Or” may be read “and,” and “and” may be read “or” if the sense requires it.
Owner. The word “owner,” applied to a building
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or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
Person. The word “person” shall extend and be applied to associations, clubs, societies, firms, partnerships, co-partnerships, and bodies politic and corporate as well as to individuals.
Personal property includes every species of property except real property.
State. The words “the state” or “this state” shall be construed to mean the State of Florida.
Tense. Words used in the present or past tense include the future as well as the present or past. (Code 1958, § 1-2; Ord. No. 87-4, § 2, 2-3-87)
State law reference-General statutory definitions and rules of construction, F.S. Ch. 1.
Sec. 1-3. Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken
to be the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are
amended or re-enacted. (Code 1958, § 1-3)
Sec. 1-4. Effect of repeal of ordinances.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal,
for an offense committed or cause of action arising under the ordinance repealed. (Code 1958, § 1-4)
State law reference-Repealed statute not revived by implication, F.S. § 2.04.
Sec. 1-5. Severability of parts of Code.
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional,
invalid or unenforceable by the valid judgment or decree of the court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Code.
(Code 1958, § 1-5)
Sec. 1-6. General penalties; continuing
violations; adjudging fines and
imprisonments.
(a) It shall be unlawful for any person to violate 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 which may be imposed upon any person who shall be adjudged to have violated any provision of this Code or other ordinance of the city shall be a fine not exceeding
five hundred dollars ($500.00) or a term of imprisonment not in excess of sixty (60) days, or by both such fine and imprisonment; provided, however, that, this section shall not conflict
with any penalties imposed for any offense under the laws of the State of Florida, and no penalty for violation of this Code or any ordinance of the city shall exceed the maximum penalty
provided for the violation of a comparable state law. Each day any violation of any provision of this Code or other ordinance of the city shall continue, shall constitute a separate
offense.
(b) Whenever the judgment of a court of appropriate jurisdiction shall, under any of the ordinances of the city, adjudge a person to pay a fine, or a fine and costs of prosecution,
such judgment shall also provide a period of time for which such person shall be imprisoned in default of the payment of the same.
(c) Whenever the sentence shall be one of both fine and imprisonment, it shall also provide for an 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
General Provisions 3
period shall commence to run from the expiration of 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 imprisonment in the same case, exceed the period of six 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
education.
(a) The court trying city ordinance violations shall assess $2 as additional court costs against every person convicted for violation of a municipal ordinance as authorized by F.S.
Section 943.25 of the. All such sums shall 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 the 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 inconsistent with this Code:
(a) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;
(b) Any appropriation ordinance or ordinance providing for the levy of taxes or for a budget;
(c) Any ordinance annexing territory to the city or excluding territory as a part of the city;
(d) Any ordinance granting any franchise, permit or other right;
(e) Any ordinance approving, authorizing or otherwise relating to any contract, agreement, lease, deed or other instrument;
(f) Any administrative ordinance not inconsistent with this Code;
(g) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating or repairing any street or public way or lawfully established bulkheads
or bulkhead lines;
(h) Any ordinance regulating, restricting or prohibiting traffic on particular streets or in particular localities;
(i) Any ordinance prescribing the street grades of any street in the city;
(j) Any ordinance providing for local improvements or making assessments therefor;
(k) Any ordinance dedicating or accepting any plat or subdivision in the city;
(l) Any ordinance zoning or rezoning specific property;
(m) Any ordinance providing for the compensation of officers and employees; or
(n) Any temporary or special ordinance;
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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 in 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 makes
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 in
order to avoid duplicative section numbers.
Sec. 1-11. City seal.
Pursuant to F.S. Ch. 165.043, the City of Boynton Beach does hereby designate the city seal as the official seal of the City of Boynton Beach and that the manufacture, use, display
or other employment of any facsimile or reproduction of the county or municipal seal, except by county or municipal officials or employees in the performance of their official duties,
without the express approval of the governing body is a second degree misdemeanor, punishable as provided in F.S. Sections 775.082 and 775.083. A copy of the official seal for the City
of Boynton Beach can be viewed in the City Clerk’s office.
(Ord. No. 03-067, § 2, 1-6-04)
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