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31-88 ©RDIN~NCE NO. 31-88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A CODE OF ORDINANCES FOR THE CITY OF DELP~.Y BEACH, FLORIDA; RECODIFYING, RENUMBERING, REVISING AND REARRANGING SECTIONS OF THE CODE OF ORDINANCES AND OTHER EXISTING ORDINANCES OF THE CITY; ADDING NEW MATTER AND REPEALING VARIOUS ORDINANCES; RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the present Code of Ordinances of the City of Delray Beach is inadequately arranged in regard to titles, topics, and subject matter, some sections being now insufficient in form and substance for the proper preservation of the public peace, health, safety, and welfare of the City and for the proper conduct of its affairs, and, WHEREAS, American Legal Publishing Company has completed the recodifying, renumbering, revising and rearranging of the general permanent ordinances of the City in printed form pursuant to an · agreement with said Company, and, WHEREAS, the recodification has been on file with the office of the City Clerk and subject to public inspection, and, WHEREAS, in the interest of certainty with respect to ordinance provisions and to comply with law, it is deemed necessary forthwith to publish such recodification, renumbering, revision and rearrangement of said ordinances in book form as the Code of Ordinances, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Revision and Recodification. The general and permanent ordinances of' the City are revised, rearranged, recompiled and renumbered as to sections into component titles. Section 2. Adoption of Codified Ordinances. a. The general and permanent ordinances of the City, so revised, rearranged, recompiled and renumbered as to section and recodified, in form the same as that on file in the office of the Clerk, bearing number the same as this ordinance, are hereby approved, adopted and enacted, and the same shall be printed and published in book form as the Code of Ordinances of the City of Delray Beach, Florida, and when so printed, published and assembled in book form and ~ertified as correct by the Clerk of the City shall be admitted in evidence and accepted by the courts and all pe£sons as to the existence, effectiveness and regularity of all enactments so published in said book form, as of the Effective date designed herein. b. One copy of the Code of Ordinances, upon certification as to the correctness thereof in such book form by the Clerk of the City shall be kept in its initial form on file in the office of the Clerk and retained as a permanent ordinance record of the City. Section 3. Effective Date. The Code of Ordinances, consisting of the various titles as hereinabove and therein ~asignated, and all provisions thereof, shall take effect and be in force, at, on and after July 1, 1988. Section 4. Other Amendments and Supplements. The Code of Ordinances may be amended or supplemented at any time, and, when any amendment or supplement is adopted in such form as to indicate the intention of this City Council to make the same a part thereof, such amendment or supplement shall be incorporated in, and deemed a part of, the Code of Ordinances so that any reference to the Code of Ordinances shall be understood and construed as including the Code of Ordinances, and any and all such amendments and supplements thereto. Section 5. Form of Amendment or Supplement. All amendments and supplements enacted as a part of the Code of Ordinances shall be intergrated therewith by following the form of arrangement and plan hereby and therein adopted. Each title shall be sub-divided into chapters, and each chapter shall be sub-divided into sections. Section 6. How Known and Cited. This adopting ordinance, the Code of Ordinances of the City of Delray Beach, Florida, hereby adopted and any and all amendments and supplements which may be adopted shall be known and referred to as the Code of Ordinances and shall be known and referred to either as "the code," "this code," "component code," or as designated in Section 1 hereof. Section 7. Master Copy. The Clerk of the City in addition to the book form copy in its initial form to be kept on file in the Clerk's office, pursuant to Section 2 hereof, skall keep a complete master copy in book form and in connection therewith or attached thereto in such form and manner as the Clerk may determined to be most easily available for most easy reference, a copy of all amendments and supplements bearing such title, chapter or section designations as may be proper. If in doubt as to such designation, the Clerk of the City shall be guided by the advice of the City Attorney. Section 8. Interpretation. a. In the interpretation of any provision of the Code of Ordinances, or of any ordinance amending or supplementing the same, general terms, phrases, and expressions therein shall be liberally construed so as to carry out the intent and meaning of this City Council and shall have the meaning commonly ascribed thereto, unless a different 2 ORD. NO. 31-88 meaning is required by the context or to give effect to such ordinance. b. The heading of sections contained in the Code of Ordinances shall be printed in all capital letters and are to be deemed to be in the nature of "catch words," and in case ~f conflict between such heading and the contents of any section, the contents of the section shall control, not withstanding such headings. Section 9. Severabilityo Each section and each part of each section of the Code of Ordinances is hereby declared to be an independent section or part of a section and notwithstanding any other evidence of legislative intent that if any such section or part of a section, or ~ny provision thereof, or the application thereof to any person, or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that the Code of Ordinances would have been adopted independently of such section, sections, or part of a section so held to be invalid. Section 10. Repeal of Prior Ordinances. The Code of Ordinances contains all of the provisions of a general and permanent nature pertaining to the subjects therein enumerated and embraced. All prior ordinances, parts of ordinances and sections of the prior Code of Ordinances in force, which are incorporated in or pertain to the subjects enumerated and embraced by the Code of Ordinances of the City and are hereby repealed as of July 1, 1988. Section 11. Prior O~'dinances Not Affected by Repeal. The repeal of ordinances and Code of Ordin~.ces sections as provided in Section 10 hereof shall not effect: (1) Ail ordinances of a temporary or special nature, and all other ordinances pertaining to subjects not enumerated and embraced in the Code of Ordinances; (2) Any offense or act committed or done or any penalty or forfeiture incurred, or any contract or right established or accuring before July 1, 1988; (3) Any ordinance or resolution, promising or guaranteeing the payment of money to or by the City, authorizing the issuance of any bonds or notes of the City or any other evidence of the City's indebtedness, or any contract or obligation assumed by the City; (4) The administrative ordinances or resolutions of this Commission not in conflict or inconsistent with the provisions of the Code of Ordinances. (5) Any right or franchise conferred by any ordinance or resolution of this Commission to any person or corporation; ORD. NO. 31-88 (6) Any ordinance naming, relocating or vacating any street or public way, or any ordinance identifying stop streets at intersections, one-way streets or any other traffic regulations; (7) Any ordinance levying or imposing taxes, assessments, or charges; (8) Any ordinance fixing salaries, wage rates, fringe benefits or other emoluments or compensation of City officers or employees; (9) Any prosecution, suit or other proceeding pending, or any judgment rendered on or prior to July 1, 1988. (10) Any ordinance which may be adopted by the Commission after July 1, 1988. Section 12. Publication. The Clerk of the City, having caused the titles of the Code of Ordinances with their component chapters and sections to be printed, having assembled all of such titles as the Code of Ordinances of the City of Delray Beach, Florida, for certification as corzect by the Clerk of the City, shall have on file one such complete set of the Code of Ordinances in its initial form with this Adopting Ordinance as provided in Section 7. Section 13. That this ordinance shall take effect and be in full force in the manner provided by law. Section 14. That all ordinances and parts of ordinances in conflict herewith be, and the same are hereby repealed insofar as they are inconsistent or in conflict with the provisions of this ordinance. Section 15. Should any section, paragraph, sentence, phrase, clause or other part of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not effect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. Section 16. This Ordinance shall take effect on the 1st day of July, 1988. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida this 28th day of June , 1988. MAYOR ATTEST: Cit~lerk -- ' First Reading- June 14, 1988 Second Reading June 28, 1988 4 ORD. NO. 31-88