Loading...
O71-19ORDINANCE NO. 71- i~ AN ORDINANCE AMENDING CHAPTER 2 OF TI-IR CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA BY ADDING ADDITIONAL SECTIONS THERETO: PROVIDING FOR THE TRIAL BY JURY FOR ALL OFFENSES TRIED IN THE MUNICIPAL COL-RT OF THE CITY OF BOYNTON BEACH WHERE DEMAND IS MADE THERE. FOR: PROVIDING THE MANNER AND 1VIETi:IOD FOR THE QUALIFYING, SELECTION AND EtVI~PANEL- INQ O~F jURORS: PROVIDING F~RTHER F(D~ AtITHORIRY coDiFY. SAVm cLAuse. REP ALm PRO- iSIQNS,_ S~,,PARABILITY, AN :~FFECTIVE DATE, AND FOR ~THER PURPOSES. WHEREAS, the Legislature of the State of Florida at its 1970 regular session, enacted Chapter 70-279 and Chapter 70-372, requiring a jury trial to be afforded for certain offenses upon the demand of persons charged, and WHEREAS, by reason of the enactment of said chapters, the City Council of the City of Boynton Beach believe s that it will be for the best interests of all concerned that provisions be made for trial by jury of persons charged in the Municipal Court of said city, where demand and request is made for such trial by jury; NOW~ TI-IEREFORE, be it ordained by the City Council of the City of Boynton Beach, Florida: Section 1: Thai Chapter 2 of the Code of Ordinances of the City of Boynton Beach, Florida is hereby amended by adding thereto new sections, which shall read as follows: "Sec. 2-12. Jury Trial-Demand and Waiver. Any person shall be entitled to atrial by jury upon demand therefor made at or prior to the time of arraignment for any offense charged in municipal Court. Failure to make such demand not later than the time of arraignment for such offense shall constitute a waiver of such right to a jury trial, provided such person is advised of his right to same and the consequences of his failure to make den] and therefor at the time of such arraignment by the Judge then presidfng. "Sec. 2-13, Selection of Jury List by City Council. The City Council of the City of Boynion Beach shall hold a meeting as soon as practical after the adoption of this ordinance for the purpose-of selecting a jury list. At such meeting the members of said City Council shall personally select from alisl of persons who are qualified to serve as jurors of not less than 250 nor more than 500 to serve as jurors, which list shall be signed and verified by the said members of the City Council as having been personally selected as aforesaid, and as possessing lhe prescribed qualifications, according to their be st knowledge, and belief. Said list shall be forthwith, delivered to~lhe Cily Clerk of the City of Bo~[nton Beach and shall constitute the lisl of jurors from which 3urors shall be drawn to serve as 3urors in. the municipal courz of said city; provided, however, ~ch such~jnror must also be a resident of the City of Boynto~ Beach'for at least six (6) monfhs and must be. a qualified elector of lhe City of Boynton Beach. The City Council shall revise said jury list not later than the firs% week in January of each year beginning with the year 1972, "Sec. 2-14. Procedure. The number of jurors, their qualifications, manner of selection, compensation, exemptions, peremptory challanges and all other procedured in connection therewith shall be the same as provided by general law for petit jurors and juries in the trial of criminal offenses, against the State, except as set forth in Section 20-13. of lhis chapter. "Sec. 2-15. Rules. The municipal judge shall make provisions for the immediate implementation of the previsions of this chapter, relatinE ~o trial by jury in the municipal court~ by the adoption and promulgation of such rules and procedures as he may determine to be appropriate and necessary to carry out the intent and p~rpose of the provisions of lhis chapter relating to trial by jury in said municipal court. Section 2: Separability: Each of the provisions of this Ordinance are separable, including word, clause, phrase or sentence, and if any pot- tion hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section 3: Authority to Codify: Specific authority is hereby granted codify and incorporate this Ordinance in the City's existing Code. Section 4: Repealing Provisions: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Effeciive Date: This Ordinance shall become effective in the manner and at the time provided in lhe charier, and Ordinances of the City of Boynton Beach, Florida. Firsl reading this ~fday of GO ~ ~- A.D., 1971. Se cond, t9~1. ATTEST: City Clerk final reading and passage lhis ~f~J day Of (~ ~_'~ CITY OF BOYNTON BEACH, By: Mayor Vice Mayor ~/~/ FLORIDAI SEAL