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