Ord 12-06
('"
ORDINANCE NO. 12-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY
BEACH CODE ENFORCEMENT', OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY AMENDING SECTION 37.45,
"SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES", TO
EXPRESSLY INCLUDE ENFORCEMENT BY LAW ENFORCEMENT
OFFICERS OF ALL NON-CRIMINAL CITY ORDINANCES; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Florida Statute 162.21(8) grants authority to municipalities supplemental means
to enforce municipal ordinances,
WHEREAS, Florida Statute 162.21 allows law enforcement officers to be designated as code
enforcement officers,
WHEREAS, the City of Delray Beach wishes to use citations as a supplemental code
enforcement procedure for certain city code violations,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 3, Chapter 37, "Delray Beach Code Enforcement", Section 37.45,
"Supplemental Code Enforcement Procedures" of the Code of Ordinances of the City of Delray
Beach, be, and the same is hereby amended to read as follows:
SEe. 37.45. SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES.
(A) The provisions of this Section are additional and supplemental means of enforcing the City's
ordinances and may be used for the enforcement of any noncriminal ordinance, or for the
enforcement of all noncriminal ordinances. Nothing contained in this Section shall prohibit the City
from enforcing its codes or ordinances by any other means.
(B) A Code Enforcement Officer, and,' 6' Fire Safety Inspector and/or Law Enforcement
Officer for the pw;poses of this Section. is authorized to issue a citation to a person when, based
upon personal investigation, the officer/inspector has reasonable cause to believe that the person
has committed a civil infraction in violation of a duly enacted code or ordinance and that the County
Court will hear the charge.
/
(C) Prior to issuing a citation, a Code Enforcement Officer. lias,' 8' Fire Safety Inspector and/or
Law Enforcement Officer for the pm;poses of this Section. shall provide notice to the person that
the person has committed a violation of a code or ordinance and shall establish a reasonable time
period within which the person must correct the violation. Such time period shall be not more than
thirty (30) days. If, upon personal investigation, a Code Enforcement Officer. lIlld/ e. Fire Safety
Inspector and/or Law Enforcement Officer for the pm;poses of this Section. finds that the person
has not corrected the violation within the time period, a Code Enforcement Officer. llftd! 8' Fire
Safety Inspector and/or Law Enforcement Officer for the pm;poses of this Section. may issue a
citation to the person who has committed the violation. A Code Enforcement Officer. lIad! 8. Fire
Safety Inspector and/or Law Enforcement Officer for the pm;poses of this Section. does not have
to provide the person with a reasonable time period to correct the violation prior to issuing a
citation and may immediately issue a citation if the Code Enforcement Officer. lias,' e. Fire Safety
Inspector and/or Law Enforcement Officer for the pm;poses of this Section. has reason to believe
that the violation presents a serious threat to the public health, safety, or welfare, or if the violation
is irreparable or irreversible.
(D) A citation issued by a Code Enforcement Officer. llftd/ 8f Fire Safety Inspector and/or Law
Enforcement Officer for the pm;poses of this Section. shall contain:
(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or Section of the code or ordinance violated.
(6) The name and authority of the Code Enforcement Officer. lIlld/e. Fire Safety
Inspector and/ or Law Enforcement Officer for the pm;poses of this Section.
(7) The procedure for the person to follow in order to pay any civil penalty or to contest
the citation.
(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
2
ORD. NO. 12.06
)
(10) A conspicuous statement that if the person fails to pay the civil penalty within the time
allowed, or fails to appear in court to contest the citation, he shall be deemed to have
waived his right to contest the citation and that, in such case, judgment may be entered
against the person for an amount up to the maximum civil penalty.
(E) After issuing a citation to an alleged violator, a Code Enforcement Officer. lIad,' 8. Fire
Safety Inspector and/or Law Enforcement Officer for the pm;poses of this Section. shall deposit the
original citation and one copy of the citation with the County Court.
(F) A violation of an ordinance enforced in this manner shall constitute a civil infraction. The
person receiving the citation may within ten (10) days from the date of the citation elect to appeal
the citation to County Court or pay the penalty imposed. ShouId the person fail to pay the penalty or
appeal the citation within the ten days or fail to appear in court to contest the citation, they shall be
deemed to have waived their right to contest the citation and a judgment up to the maximum
penalty may be entered against them.
(G) The classes and scheduIe of fines shall be as follows:
(1) Class 1--$50.00 fine shall be assessed for:
(a) All violations not specifically enumerated in other fine classes; and
(b) Violations of Chapter 91, "Animals", excluding sea turde provisions.
(2) Class 11--$75.00 fine shall be assessed for:
(a) Repeat violations of Class I violations;
(b) Violations of the Land Development ReguIations of the City of Delray Beach;
(c) Violations of Chapter 90, "Abandoned Property";
(d) Violations of Chapter 98, "Litter";
(e) Violations of Chapter 99, "Noise"; and
(f) Violations of Chapter 131, "Offenses Against Property".
(3) Class 111--$125.00 fine shall be assessed for:
(a) Repeat violations of Class II violations;
3
ORD. NO. 12-06
l
(
(b) Violations of Chapter 91 regarding sea turdes;
(c) Violations of Chapter 96, "Fire Prevention and Fireworks".
(Ibe requirements of Florida Statute Section 633.052 shall be followed prior to the
issuance of a citation);
(d) Violations of Chapter 97, "Health and Safety"; and
(e) Violations of Chapter 101, "Parks, Beaches, and Recreation".
(4) Class IV--$250.oo fine shall be assessed for:
(a) Repeat violations of Class III violations;
(b) Violations of Section 51.02, "Dumping on Property Owned by Others
Prohibited";
(c) Violations of Section 51.20, "Industrial and Hazardous Waste Disposal";
(d) Violations of Section 51.57, "Contagious Disease Refuse and Hypodermic
Needlesll;
(e) Violations of Section 51.59, "Offensive Deposits; Burying and Depositing in
Waterways"; and
(f) Violations of Chapter 53, "Sanitary Sewers", pertaining to discharges into
sanitary sewer system.
(H) Any person who willfully refuses to sign and accept a citation issued by a Code Enforcement
Officer. liftS,'''' Fire Safety Inspector and/or Law Enforcement Officer for the pm;poses of this
Section. shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S.
Sections 775.082 or 775.083.
Section 2. That shouId 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.
4
ORD. NO. 12-06
Section 4. That this ordinance shall become effective immediately upon its passage on second
and final reading.
I ~ P ASS~OPTED in re,guIar session on second and final reading on this the
~ day of ,200lo-.
8~!- 4.
ATTEST:
~.~'~'~"~';"J
City Clerk
First Reading ~d.. \ ~\.J
Second Reading ?:, \ ~ \ C)\..t
,
5
ORD. NO. 12-06
MEMORANDUM
FROM:
MAYOR AND CIlY COMMISSIONERS
CIlY MANAGER ttl'-I\"
AGENDA ITEM # \O~ - REGULAR MEETING OF MARCH 6. 2006
ORDINANCE NO. 12-06 (AMENDING CHAPTER 37. "DELRAY BEACH
CODE ENFORCEMENT")
TO:
SUBJECT:
DATE:
MARCH 3, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 37,
"Delray Beach Code Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures", of
the Code of Ordinances, to include enforcement by Law Enforcement Officers of all non-criminal
City ordinances.
At the first reading on February 21, 2006, the Commission passed Ordinance No. 12-06.
Recommend approval of Ordinance No. 12-06 on second and final reading.
S:\City Clerk\agenda memos Drd 12-06 ICode Enforc Proc 030606
[ITY DF DElIAY BEA[H
cm anORNEY'S OFFICE
~ POLICE LEGAL ADVISOR
, III ,!
~
TELEPHONE '::;61/h.3-7~25. fACSli\HLE ')61/243-71-\15
300 \\1. ATLANTIC AVE:\LE. DELRA'{ BEACH, FLORIDA 33444
1993
POLICE LEGAL ADVISOR
MEMORANDUM
To:
City Commission
David Harden, City Manager
Catherine M. Kozol, In.J
Police Legal AdVisor/AVity Attorney
February 3, 2006
From:
Date:
Re:
Ordinance No. 12-06
Amending Supplemental Code Enforcement Procedures
This is an ordinance which amends Code Enforcement Procedures to
include and permit Law Enforcement Officers to enforce certain City Ordinances
through a citation instead of just a Notice to Appear (a form of arrest). For
example, Law Enforcement Officers will be able to deal with a person walking a
dog on the beach with a citation instead of an arrest.
Would you please place this ordinance on the February th Agenda.
Ath/encs.
cc with Encs.
Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
Chief J. Schroeder
\~A
ORDINANCE NO. 12-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE
ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 37.45, "SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES", TO EXPRESSLY INCLUDE
ENFORCEMENT BY LAW ENFORCEMENT OFFICERS OF ALL NON-
CRIMINAL CITY ORDINANCES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Florida Statute 162.21(8) grants authority to municipalities supplemental
means to enforce municipal ordinances,
WHEREAS, Florida Statute 162.21 allows law enforcement officers to be designated
as code enforcement officers,
WHEREAS, the City of Delray Beach wishes to use citations as a supplemental code
enforcement procedure for certain city code violations,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 3, Chapter 37, "Delray Beach Code Enforcement", Section
37.45, "Supplemental Code Enforcement Procedures" of the Code of Ordinances of the City
of Delray Beach, be, and the same is hereby amended to read as follows:
SEC. 37.45. SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES.
(A) The provisions of this Section are additional and supplemental means of enforcing the
City's ordinances and may be used for the enforcement of any noncriminal ordinance, or for
the enforcement of all noncriminal ordinances. Nothing contained in this Section shall prohibit
the City from enforcing its codes or ordinances by any other means.
(B) A Code Enforcement Officer. ane!er Fire Safety Inspector and/or Law Enforcement
Officer for the ourooses of this Section. is authorized to issue a citation to a person when,
based upon personal investigation, the officer/inspector has reasonable cause to believe that
the person has committed a civil infraction in violation of a duly enacted code or ordinance
and that the County Court will hear the charge.
(C) Prior to issuing a citation, a Code Enforcement Officer, ond/or Fire Safety Inspector
and/or Law Enforcement Officer for the purposes of this Section. shall provide notice to the
person that the person has committed a violation of a code or ordinance and shall establish a
reasonable time period within which the person must correct the violation. Such time period
shall be not more than thirty (30) days. If, upon personal investigation, a Code Enforcement
Officer, and/or Fire Safety Inspector and/or Law Enforcement Officer for the purposes of this
Section. finds that the person has not corrected the violation within the time period, a Code
Enforcement Officer, aRe/er Fire Safety Inspector and/or Law Enforcement Officer for the
purposes of this Section. may issue a citation to the person who has committed the violation.
A Code Enforcement Officer, and/or Fire Safety Inspector and/or Law Enforcement Officer for
the purposes of this Section. does not have to provide the person with a reasonable time
period to correct the violation prior to issuing a citation and may immediately issue a citation if
the Code Enforcement Officer, and/or Fire Safety Inspector and/or Law Enforcement Officer
for the purposes of this Section. has reason to believe that the violation presents a serious
threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.
(0) A citation issued by a Code Enforcement Officer, aReler Fire Safety Inspector and/or
Law Enforcement Officer for the purposes of this Section. shall contain:
(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or Section of the code or ordinance violated.
(6) The name and authority of the Code Enforcement Officer, aRe/or Fire Safety
Inspector and/or Law Enforcement Officer for the pureoses of this Section.
(7) The procedure for the person to follow in order to pay any civil penalty or to
contest the citation.
(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
(10) A conspicuous statement that if the person fails to pay the civil penalty within the
time allowed, or fails to appear in court to contest the citation, he shall be deemed
2
ORO. NO. 12-06
to have waived his right to contest the citation and that, in such case, judgment
may be entered against the person for an amount up to the maximum civil
penalty.
(E) After issuing a citation to an alleged violator, a Code Enforcement Officer. anl~!or Fire
Safety Inspector and/or Law Enforcement Officer for the purposes of this Section. shall
deposit the original citation and one copy of the citation with the County Court.
(F) A violation of an ordinance enforced in this manner shall constitute a civil infraction.
The person receiving the citation may within ten (10) days from the date of the citation elect
to appeal the citation to County Court or pay the penalty imposed. Should the person fail to
pay the penalty or appeal the citation within the ten days or fail to appear in court to contest
the citation, they shall be deemed to have waived their right to contest the citation and a
judgment up to the maximum penalty may be entered against them.
(G) The classes and schedule of fines shall be as follows:
(1) Class 1--$50.00 fine shall be assessed for:
(a) All violations not specifically enumerated in other fine classes; and
(b) Violations of Chapter 91, "Animals", excluding sea turtle provisions.
(2) Class 11--$75.00 fine shall be assessed for:
(a) Repeat violations of Class I violations;
(b) Violations of the Land Development Regulations of the City of Delray
Beach;
(c) Violations of Chapter 90, "Abandoned Property";
(d) Violations of Chapter 98, "Litter";
(e) Violations of Chapter 99, "Noise"; and
(f) Violations of Chapter 131, "Offenses Against Property".
(3) Class 111--$125.00 fine shall be assessed for:
(a) Repeat violations of Class II violations;
3
ORD. NO. 12-06
(b) Violations of Chapter 91 regarding sea turtles;
(c) Violations of Chapter 96, "Fire Prevention and Fireworks".
(The requirements of Florida Statute Section 633.052 shall be followed prior to
the issuance of a citation);
(d) Violations of Chapter 97, "Health and Safety"; and
(e) Violations of Chapter 101, "Parks, Beaches, and Recreation".
(4) Class IV--$250.00 fine shall be assessed for:
(a) Repeat violations of Class III violations;
(b) Violations of Section 51.02, "Dumping on Property Owned by Others
Prohibited";
(c) Violations of Section 51.20, "Industrial and Hazardous Waste Disposal";
(d) Violations of Section 51.57, "Contagious Disease Refuse and Hypodermic
Needles";
(e) Violations of Section 51.59, "Offensive Deposits; Burying and Depositing in
Waterways"; and
(f) Violations of Chapter 53, "Sanitary Sewers", pertaining to discharges into
sanitary sewer system.
(H) Any person who willfully refuses to sign and accept a citation issued by a Code
Enforcement Officer. 8AEller Fire Safety Inspector and/or Law Enforcement Officer for the
purposes of this Section. shall be guilty of a misdemeanor of the second degree, punishable
as provided in F.S. Sections 775.082 or 775.083.
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.
4
ORD. NO. 12-06
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 the
day of , 200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
5
ORD. NO. 12-06
ey;:
C Ii t ct (U~\.-V-
www.bocanews.com . Boca Raton/Delray Beach News - F"day/Saturday. February 24 & 25. 2006 39
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ANNOUNCEMENTS
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