Ord 60-06
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ORDINANCE NO. 60-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 10.99,
"GENERAL PENALTY", OF THE CODE OF ORDINANCES BY
ADDING CIVIL CITATIONS UNDER SECTION 37.45 AS AN
ENFORCEMENT METHOD ADOPTED BY THE CITY; PROVIDING
A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Section 10.99 of the Code of Ordinances of the City of Delray Beach, Florida,
was established to provide for enforcement and penalties for City code violations; and
WHEREAS, the City Commission desires to add enforcement by civil citation as provided
for in Section 37.45 of the Code of Ordinances as a method of enforcement for code violations; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That Section 10.99, "General Penalty", of the Code of Ordinances of the
City of Delray Beach, Subsection (B), shall be amended as follows:
(B) The City adopts all enforcement methods provided by law which include, but
are not limited to, the issuance of a citation, summons, notice to appear in County Court, 6f
arrest for violation of municipal ordinances, as provided for in F.S. Chapter 901. or civil
citations provided for in Section 37.45 of this Code of Ordinances.
Section 2. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
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Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
~ND ADOPTED in regular session on secood and final reading on this ~y
of ,2006. ~ l 4..
ArrEST:
~~.~~
CITY CLERK
First Reading \ c;;:)\ \"\ \~
Second Reading \ \... '\ \~\"
2
ORD. NO. 60-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM # 10. C - REGULAR MEETING OF NOVEMBER 7,2006
ORDINANCE NO. 60-06 (AMENDING SECTION 10.99)
SUBJECT:
DATE:
NOVEMBER 3, 2006
This ordinance is before Commission for second reading to amend Section 10.99, "General Penalty,"
of the Code of Ordinances by adding Civil Citations under Section 37.45 as an Enforcement method
adopted by the City.
At the first reading on October 17,2006, the Commission passed Ordinance No. 60-06.
Recommend approval of Ordinance No. 60-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordinanee Agenda Memos\Ord 60-06 Amend See 10.99 General Penalty 11.07.06 2nd reading.doc
[IT' DF DELIA' "IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 5611278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
f LOR IDA
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All-America City
, III I! ~:TE:
1993
2001
MEMORANDUM
October 5,2006
City Commission
David T. Harden, City Manager
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FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Ordinance 60-06
The attached draft ordinance amends Section 10.99, "General Penalty", by adding
civil citations under Section 37.45 as an enforcement method adopted by the City.
Please place this ordinance on the City Commission October 17, 2006 agenda for
first reading.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
l:L~
ORDINANCE NO. 60-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING SECTION 10.99,
"GENERAL PENALTY", OF THE CODE OF ORDINANCES BY
ADDING CIVIL CITATIONS UNDER SECTION 37.45 AS AN
ENFORCEMENT METHOD ADOPTED BY THE CITY; PROVIDING
A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, Section 10.99 of the Code of Ordinances of the City of Delray Beach, Florida, was
established to provide for enforcement and penalties for City code violations; and
WHEREAS, the City Commission desires to add enforcement by civil citation as provided for in
Section 37.45 of the Code of Ordinances as a method of enforcement for code violations; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA:
Section 1. That Section 10.99, "General Penalty", of the Code of Ordinances of the City of
Delray Beach, Subsection (B), shall be amended as follows:
(B) The City adopts all enforcement methods provided by law which include, but are
not limited to, the issuance of a citation, summons, notice to appear in County Court, OF arrest for
violation of municipal ordinances, as provided for in F.S. Chapter 901. or civil citations provided
for in Section 37.45 of this Code of Ordinances.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared
to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this _ day of
, 2006.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
2
ORD. NO. 60-06
C-t,'
La.;,et dCA- - W
32 Boca RatonlDelray Beach News - FridaylSaturday, October 27-28, 2006 . www.bocanews.com
100
ANNOUNCEMENTS
if- to
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101 LC;!<tl\otices
CIl'Y OF IlELAAY IlEACH,FlOIlIIlA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
1be foI1owing proposed ordinances at
7:00 p.m. on TUESDAY, NOVEMBER
7, 2006 or at any continuation of such
meeting which is set by the
Commission), In 1beCity CollWl1issiln
Chlonbers,IOO N.W: 1st A"""",,, Del.
fIlt Beach,Florida, at which time 1be
City Commission ,will consider their
adoption. The proPQsed ordinances
may be inspected al1be Off"", of 1be
Citr C1ert< at City HaU. 100 NW.. 1st
Ayenue, Delray Beach, Florida, be.
tween 1be hours of 8:00 a.m. and 500
p.m., Monday 1Ilrough Friday, except
hoIidaVS. All __ palties are in-
vited 10 __ and be hearo with nr
sped 10 1be proposed 0Idinar00es.
ORDINANCE NO. 6lHJ6
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DaRAY
BEACH, FlORIDA, AMENDING SEC-
TION 10.99, 'GENERAL PENALTY",
OF THE CODE OF ORDINANCEs BY
ADDING CIVIL CITATIONS UNDER
SECTION 37.45 AS AN .ENFORCE.
MENT METHOD ADOPTED BY THE
CITY; PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE
DATE.
ORPINANCE NO. 6Hl6
AN ORDINANCE OF THE CITY COM.
MISSION OF THE em: OF DaRAY
BEACH, FLORIDA, AMENDING
CHAPTER 52, "WATER", OF THE
. CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH. BY
AMENDING SECTION 52.03, "USE
OF WATER FROM HYDRANTS", TO
PROVIDE FOR AN INCREASE IN
THE SECURITY DEPOSIT FOR HY.
DRANT METERS AND TO PROVIDE
FOR AN INSTALLATION/REMOVAL
FEE. OF THE HYDRANT METER BY
CITY STAFF; PROVIDING A GEN.
ERAL REPEALER CLAUSE. A SAV.
ING CLAUSE, AND AN EFFECTIVE
DATE.
Ptease be advised thai if a person de.
cides 10 appeal any ~sion made by
the City Commission with respect to
any matter considered at these hear-
ings. such pel'SOO may need to ensure
that a ve"rbatim record indudes the
restimony and evidence upon which
the appeal is to be based. The City
does not provide nor prepare such
record. PLnuanI to F.S_ 286.0105.
CITY OF OELAAY BEACH
~O.Ntbn.CMC
CilyCterf<
PUBUSH: Friday. Octoller 27, 2006
Boca RatOnIOeIray.Beach News