07-18-06 Agenda Spec/WS
CITY COMMISSION
CITY OF DELRAY BEACH. FLORIDA
SPECIAL/WORKSHOP - TUESDAY,]ULY 18. 2006
6:00 P.M. FIRST FLOOR CONFERENCE ROOM
DELRAY BEACH
~
All-AnrlcaClly
, IUI!
1993
2001
cl\
ZJ7I1
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with
a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or
activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the program or
activity in order for the City to reasonably accommodate your request. Adaptive listening devices are
available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor Jeff Perlman has instructed
me to announce a Special Meeting of the City Commission to be held for the following purposes:
1. SPECIAL EVENT REOUEST & RESOLUTION NO. 48-06/29TH ANNUAL ROOTS
CULTURAL FESTIVAL/YOUTH AND ADULT BASKETBALL TOURNAMENTS:
Consider approval of a special event request to allow the 29th Annual Roots Cultural Festival
activities to be held July 22, 2006 through August 12,2006, and approve Resolution No. 48-06 in
support of the event; granting temporary use permit per LDR Section 2.4.6(H) for the use of City
facilities, right of way and parking lots; authorize staff support for security; waiver of facility rental
fee for City facilities; contingent upon sponsor providing a liability insurance certificate, rental
agreement from Old School Square (aSS), and a hold harmless agreement.
WORKSHOP AGENDA
1. Old School Square Presentation - Executive Committee of the ass Board of Directors
2. Presentation of Old School Square Park Development Concepts
3. Presentation of Red Light Photo Enforcement - Redflex Traffic Systems
4. Presentation of proposed Boardwalk for the Atlantic Avenue Intracoastal Bridge - Rich McGloin
5. Discussion regarding the request that sexual orientation be added to the City's equal opportunity
policy, and to extend certain benefits to domestic partners.
6. Presentation of Financial Trend Monitoring Report
7. Commission Comments
.................................................................................
Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim record
includes the testimony and evidence upon which the appeal is based. The City neither provides nor
prepares such record.
[ITY DF DELRAY BEA[H
~
DELRAY BEACH
F lOR I [) A
D.e:d
All-America City
, III I!
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444
561/243-7000
MEMORANDUM
1993
2001
TO:
David T. Harden, City Manager
# Robert A. Barcinski, Assistant City Manager
FROM:
DATE:
July 14,2006
SUBJECT:
SPECIAL AGENDA ITEM CITY COMMISSION WORKSHOP JULY 18.
2006 APPROVAL RESOLUTION NO. 48-06 AND SPECIAL EVENT REQUEST
29TH ANNUAL ROOTS CULTURAL FESTIVAL FAMILY DAY IN POMPEY.
FESTIVAL PARADE. ONE DAY GOSPEL FESTIVAL ON THE SQUARE. AND
ADULT BASKETBALL TOURNAMENT
ACTION
City Commission is requested to approve Resolution No. 48-06 supporting and endorsing the 29th Annual
Roots Cultural Festival. Commission is also requested to grant a temporary use permit per LDR's Section
2.4.6(H) for the use of City facilities, rights of way and parking lots, to authorize staff support for
security, traffic control, EMS assistance, barricading, signage, and cleanup and trash removal as needed,
waive LDR's Section 4.6.7(C)(5)(a) and (9) to allow banners and flags and to allow event signs to be put
up more than one week before the event and to waive facility rental fees for City facilities except for Old
School Square.
BACKGROUND
Attached is a letter with additional back up information, required event permits, program schedule and
budget received from Ms. Alberta McCarthy the Chairperson for this years Roots Cultural Festival, Inc.
Ms. McCarthy is requesting City endorsement of the event as well as approval of Resolution 48-06, staff
support as needed, waiver of City facility rental fees, and event signage and banner assistance.
Staff overtime support is required for the Family Day, Adult Basketball Tournament and Parade and
Gospel Festival along with assistance for signage and banner making and hanging. Use of City owned
parking lots at Old School Square, Cason Cottage and City hall is being requested with the ability to
charge for parking if they so choose.
Estimated costs for City services for each of the programs are as follows: Family Day at Pompey Park
$4,200, Adult Basketball Tournament $2,830 and Parade and the Gospel Festival $5,675. Per event
policies and procedures charges for these events are estimated as follows: Family Day at Pompey Park $0
(first time event), Adult Basketball Tournament $750, and Gospel Festival $1,000.
* Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
Sf,1-
SUBJECT:
SPECIAL GENDA ITEM CITY COMMISSION WORKSHOP JULY 18,2006
APPROVAL RESOLUTION NO. 48-06 AND SPECIAL EVENT REOUEST
29TH ANNUAL ROOTS CULTURAL FESTIVAL FAMILY DAY IN POMPEY, FESTIVAL
PARADE. ONE DAY FESTIVAL ON THE SQUARE, AND ADULT BASKETBALL
TOURNAMENT
July 14,2006
Page 2
The event sponsor will be responsible for event management, vendor approval, entertainment, banners
and portable lighting.
RECOMMENDATION
Staff recommends approval of Resolution No. 48-06, the temporary use permit for use of City facilities,
rights of way and parking lots, the sign, banner and flag waiver, to be put up no earlier than July 22nd,
staff support for security, traffic control, EMS assistance, barricading, signage, and clean up and trash
removal for the August 5th and August Ith events as well as security for the Adult Basketball Tournament
and waiver of any required facility rental fees. Approval to be contingent on receipt of a hold harmless
agreement, rental agreement from Old School Square, and liability insurance certificate.
RAB/tas
Attachments
RESOLUTION NO. 48-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, SUPPORTING THE ROOTS
CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF
THE 1WENTY-NINTH ANNUAL "ROOTS CULTURAL
FESTIVAL" IN THE CITY OF DELRA Y BEACH, FLORIDA.
WHEREAS, the Roots Cultural Festival, Inc., is sponsoring the Twenty-Ninth
Annual Roots Cultural Festival in the City of Delray Beach being held from July 11,2006 through
August 12,2006; and
WHEREAS, the Roots Cultural Festival presents to the community, state, and
nation a view of the rich cultural heritage of people of African ancestry in our city; and
WHEREAS, this festival was originally conceived by the Jefferson Manor Homes
Association in an effort to bring people together to develop pride, respect, and appreciation for their
community as well as the particular heritage which they bring to the city; and
WHEREAS, the Roots Cultural Festival provides an opportunity for exclt1ng
experiences for all, reminiscent of the Bahamas, the West Indies, Haiti, and other countries from
which people of African ancestry have come to Delray Beach; and
WHEREAS, the activities of the festival are to promote math, language and
communication development among our youth; to promote physical fitness through sports
tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and
dramatic presentations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That the City Commission of the City of Delray Beach hereby supports
the Roots Cultural Festival, Inc. in their sponsorship of the 29th Annual Roots Cultural Festival in
the City of Delray Beach.
Section 2. That the City Commission hereby recognizes the 29th Anniversary of the
Roots Cultural Festival, and commends its sponsors and supporters for holding this significant
cultural event in the City of Delray Beach.
ATTEST:
PASSED AND ADOPTED in special session on this the 18th day of July, 2006.
MAYOR
City Clerk
2
RES. NO. 48-06
Roots Cultural Festival, Inc.
400 West Atlantic Avenue, Suite 2A
Delray Beach, FL 33444
July 3, 2006
The Honorable Jeff Perlman - Mayor
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mayor Perlman
We are excited to announce the celebration of the 29th Annual Roots Cultural Festival. Over the
years, the Festival has grown in keeping with the needs and desires of the community. "Roots"
has become a household word in South Florida and is synonymous with summer cultural
enrichment.
This multicultural event has received great support and encouragement from the City and we are
tremendously grateful. This year's theme is "Ujima" - Collective work and responsibility
committed to build and maintain our community by working together to shape the future. We
continue in our quest to improve the quality of life in beautiful Delray Beach.
We are again requesting a Resolution from the City" sanctioning the efforts of this cultural
organization through the support of the various municipal departments such as the Police, Parks
and Recreation, Public Works, and EMS Departments. The Roots Festival has become so
ingrained in the cultural fabric of South Florida that it draws visitors from through out the country
and the neighboring islands. Vacations and family reunions are frequently scheduled during the
Roots Festival time.
We invite you, the Commissioners, and the City staff to share in the activities which are planned
from July 21st through August 12th, 2006. We would especially appreciate your participation in
the kick off celebration, heritage parade (followed by a VIP reception), the prayer breakfast and
the Gospel Festival on the Square.
Please contact me at (561) 274-0365 if you have any further questions.
Sincerely,
Alberta McCarthy
Chair
/tas
cc: Robert A. Barcinski
Roots Cultural Festival
FY 2006
Support List
1. Police security, where applicable
2. The City to allow the display of Roots flags
3. The City to' waive fees for the use of facilities and staff for all activities scheduled
at Pompey Park an4 other appropriate City facilities
4. The City to provide Roots signage on Atlantic Avenue and all other appropriate
sites from July 12th - August 12th
5. The City to allow Roots exclusive use of City Hall parking lots (Representative of
Roots will be charging a parking fee with all proceeds going to Roots
Organization)
6. Request the use of County parking garage and parking lot for the August 12, 2006
event at Old School Square (Roots will be charging a parking fee with all
proceeds going to the Roots Organization)
Roots (;tdt...a1 Fel!!i1tiwal
2006
Sehedtde
Coronation
(Christ Missionary Baptist Church)
July 11, 2006
Youth Basketball
Postponed until Year 2007
Academic Olympics
(Pompey Park)
July 22, 2006 at 9:00 a.m. - 5:00 p.m.
Movie "'Last Holiday"
(Old School Square Pavilion)
July 28, 2006 at 8:30 p.m.
Youth Gospel Concert
(Old School Square Theater)
July 29,2006 at 7:00 p.m. - 9:00 p.m.
"A Gathering"
City Hall - City Commission Chambers
July 31, 2006 at 5:00 p.m. -10:00 p.m.
Adult Basketball Tournament
(Pompey Park)
August 4-6, 2006
August 4, 2006 at 6:00 p.m. -11:00 p.m.
August 5, 2006 at 9:00 a.m. -11:00 p.m.
August 6, 2006 at 9:00 a.m. -11:00 p.m.
Family Fun Day
(Pompey Park)
August 5,2006 at 3:00 p.m. -11:00 p.m.
Roots Cultural Festival Parade August 12, 2006 at 5:00 p.m.
(Line up at Pompey Park and proceed to Old School Square)
Gospel on the Square
(Old School Square)
August 12, 2006 at 6:00 p.m. - 10:00 p.m.
Play "Don't Move My Mountain"
(Old School Square Theater)
September 9,2006 at 7:30 p.m. - 9:30 p.m.
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City of Delray Beach
Special Event Permit
Application
DElRAY BEACH
,
1993
2001
PLEASE PRINT
Event Approved/Denied
Approved/Denied by
1. Event NamefTitle: ~OO+..5
2. Ev~ ,D~te(s):
~ 5/ '200(0
Date of Approval/Denial
Title
Cul-lural -fts-hvcd - ~:I'i~ ,tv.a..
if EventTim~{s): - J ~. I
(.)~ - /{ PM
, ,
3.
4.
5.
6.
7.
8.
9.
to
City 0 Non-Profit/Charitable )Q Private 0
10.
Po~ fay-k
./
no V
12.
Site plan attached:
(Site plan required for entire event site)
Event budget attached:
(Required for all events)
Serving or selling alcoholic beverages: yes no
(If yes, copy of license and alcohol liability insurance required two (2) weeks prior
to event)
Event certificate of insurance attached: yes no ......-
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic control/security)
yes
/'
no
yes
13.
/
14.
15.
16.
v
/
no
yes
no
yes
I
\
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
yes
/"
/'
v'"
v-::
v'
v
Will supplement with private security:
(If yes, need plan attached)
Requesting Emergency Medical assistance: yes
Requesting barricade assistance: yes
Requesting trash removaVclean up assistance: yes
Requesting trash boxes and liners: yes
Requesting stage use: yes
(If yes, check type)
Large stage covered 0 Large stage no cover 0 Small stag~ Half small
stage 0 Site-. ;r",fo ~
Requesting signage : /1 yes V no
Type: Event sign (4'X47 Directional signs V'
Banner hanging ~ Indicate dates required Z w!-<s pv-j~
(Waiver required if more than one (1) week prior to eVfY)t)
Food and beverage vendors: yes v no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event
no
no
no ~
no
no
no
Health Department approval: (see attached) yes y-
Other vendors: yes V
Tents: yes
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval? /'
yes no
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
no
no
no
.;
v
29.
30.
31.
/
V
no
32.
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall)
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall)
Will you be providing port-a-Iets for the event? yes no /'
(If yes, locate on-site map. If no, indicate how you will handle restroom
n~~ /
Will there be a charge for the event? yes no
(If yes, indicate ticket prices) /
Is reserved parking requested? yes no V
(If yes, indicate locations)
yes
/'
no
/
no
33.
34.
2
35. Nei hborhood Block Parties Hei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following:1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rig hts-of-way. 5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event.
Event Contractor/Coordinator
Please print:
Date
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only} f
Date Received (p ~8 10<0
.
Application fee received $ ~
Site map
Budget V
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval -'"
501 c(3) or (d) certificate or letter V
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
City of Delray Beach
Special Event Permit
Application
DaRAY BEACH
,
1993
2001
PLEASE PRINT
Event Approved/Denied Date of Approval/Denial
Approved/Denied by Title ~
1. EventNamerritle:~ CLl~ G~ O(/.ojAN{~ ~\(C1\
2. Event Dat,,(s)~ Event Time(s):
~v--A- ,").. \ "J..oO '" - -p~ 1 Pir-sn:1/ A-P ~~ s~~
4 P"1. - l' f)M -r-
, ,
~ax-~e ~ts ~ '-t ~
F'e~sh' ( On -+he.. t:Q. e- ~5 o.-=f lQp~ - \\ ~
3.
4.
5.
6.
7.
8.
9.
10.
I\h>~ ~l~ 4v~
12.
./
Site plan attached: yes v
(Site plan required for entire event site) ./
Event budget attached: yes V no
(Required for all events) ~
Serving or selling alcoholic beverages: yes no .
. (If yes, copy of license and alcohol liability insurance required two (2) weeks prior
~~ /
Event certificate of insurance attached: yes no V
(Required two (2) weeks prior to event naming the City as additional insured, also
required for vendors)
Playing of amplified music:
(Waiver required)
Requesting Police assistance:
(Traffic control/security)
no
13.
14.
15.
16.
v'
no
yes
v"
no
yes
I
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Will supplement with private security: yes V no
(If yes, need plan attached) ./
Requesting Emergency Medical assistance: yes v no ~ _
Requesting barricade assistance: yes v no' ~
Requesting trash removal/clean up assistance: yes v' / no
Requesting trash boxes and liners: yes \,,/"" no
Requesting stage use: yes V" no
(If yes, check type) '}
Large stage covered 0 Large stage no cover 0 Small stage L. tialf small
stage 0 S 1-e.,:1l\fo M-l\-net:S
Requesting signage: // I yes V _/ no
Type: Event sign (4'x4') v / Directional signs V' .
Banner hanging i/' P Indicate dates required z.. U~S ~Ii..
(Waiver required if more than one (1) week prior to even'!1
Food and beverage vendors: yes ~ no
If yes, please provide the approximate number, as well as the name,
address, and contact phone number of each vendor which is due no later
than one week prior to the event Pfpr4.J/)() S- Vf:t1~
Health Department approval: (see attached) yes .........-- __
Other vendors: yes ...........
Tents: yes
(If yes, tent permits and fire inspections maybe needed)
Will the event include amusement rides? requiring state approval? ./'
yes no
(If yes, type and location and copy of liability insurance required)(Also,
please provide the name, address and contact phone number for each
amusement provider along with copies of their liability insurance)
no
no /'
no V
29.
30.
/'
v
Will the event be gated?
(Show on-site map)
Will there be fireworks or other pyrotechnics? yes
(If yes, contact Fire Marshall) /'
Will there be cooking with compressed gas? yes
(If yes, contact Fire Marshall) /'
Will you be providing port-a-Iets for the event? yes V no
(If yes, locate on-site map. If no, indicate how you will handle restroom
needs) /'
Will there be a charge for the event? yes no V
(If yes, indicate ticket prices)
Is reserved parking requested?
(If yes, indicate locations)
no
yes
no /'
31.
no
32.
33.
./
no
34.
yes
2
35. Nei hborhood Block Parties 'Hei hborhood block arties onl
. Is event sponsored by the Homeowner's Association? yes_ no_
(If not, then individual(s) submitting permit application must also submit a
petition signed by 51% of the homeowners who live on the block)
. Please note the following:1) Approvals will only be given for a one (1)
block area 2) Permit applications must be received in writing by the City
Manager's Office at least thirty (30) days prior to the event.3)
Consumption or sale of alcohol on City rights-of-way will not be
permitted.4) Structures other than barricades are not allowed in City
rights-of-way.5) Homeowners Association will be required to pay all
overtime costs that may be incurred as a result of City staff involved in the
event
Please enclose the appropriate non-refundable application fee payable to the City of
Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444.
For Staff Use Only
Date Received
Application fee received $ ~J
Site map ~
Budget () '^ I 0 ~
Certificate of insurance
Hold Harmless agreement
Security plan
Waiver alcoholic beverage
Railroad approval
Coast Guard approval -qJ
501 c(3) or (d) certificate or letter..A.4e
Health Department approval
Fire Inspector approval
Police Department approval
Public Works approval
Parks and Recreation approval
City Commission approval
3
Boot. ~Dltural Fe.tiYaI
a.ilget S..........,.
Progr.....
.10171 A....t 2008
REVENUES:
Grants
Sponsorships/Donations
Ticket/Admission Income
Food and Beverage SalesN endor Income
Other
TOTAL
EXPENSES:
Academic Olympics
Summer Film Flick
Gathering/Adults & Youth Dialogue
Adult Basketball Tournament
Youth Gospel Concert
Family Day at Pompey Park
Heritage Parade, Prayer Breakfast, Health Screening
Gospel on the Square
Insurance
Promotions/Marketing
Banners/Sites
TOTAL
$12,000
$ 8,000
$ 8,000
$ 5,000
$ 1.000
$34,000
$ 2,700
$ 200
$ 100
$ 5,600
$ 500
$ 5,800
$ 300
$ 9,300
$ 4,000
$ 2,000
$ 3.000
$33,500
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Message
Page 1 of 1
Kucmerowski, Carolanne
From: Harden, David
Sent: Wednesday, June 21,20063:21 PM
To: 'Director'
Cc: Kucmerowski, Carolanne
Subject: RE: Old School Square Budget Presentation
Sure. No problem.
-----Original Message-----
From: Director [mailto:Director@oldschool.org]
Sent: Wednesday, June 21, 2006 2:28 PM
To: Harden, David
Cc: drjaydds@bellsouth.net; Barcinski, Robert
Subject: Old School Square Budget Presentation
Mr. Harden:
The Executive Committee of the Board of Directors has respectively requested to be placed on the July
18th city workshop agenda for our annual budget presentation as well as an update on our city partnership.
Please advise if that would be possible. Thank you for your assistance.
Joe Gillie
Executive Director
Old School Square
7/13/2006
\NS.l
MEMORANDUM
TO: Mayor and City Commission
FROM: Douglas E. Smith, Assistant City Manag~
DATE: July 14, 2006
SUBJECT: CITY COMMISSION WORKSHOP MEETING - July 18,2006
Red Light Photo Enforcement - Redflex Traffic Systems
Redflex Traffic Systems requested to make a presentation to the City Commission regarding
their red light photo enforcement program. A Redflex brochure and an email from the company
with a sample ordinance is attached; the sample ordinance would create a red zone infraction that
would not be a traffic citation. A Florida Attorney General's opinion on this issue is also
attached which states that legislative changes are needed before traffic citations and penalties can
be issued using red light cameras. The City Attorney's Office has reviewed this issue (see
attached memorandum). Based on the City Attorney's review, staff does not recommend
implementing a red light enforcement program at this time, unless the Commission desires to just
monitor red light violations and send warnings. The program could be revisited in the future if
changes are made to the Florida Statutes which allow citations and fines.
c: Susan Ruby, City Attorney
Cathy Kozul, Assistant City Attorney
Police Chief Lany Schroeder
\N ~.3
[ITY DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE
2()() NW 1st AVENl1E. DELRAY BEACH. FLORIDA 33444
n'LLI'HO!\E 5hl !.2-U-7()9() . FACSIM ILE: 561/278-4755
DELRAY BEACH
t..eZtI
All-America City
Writer's Direct Line: 561/243-7091
, III I! DATE:
1993 TO:
2001
MEMORANDUM
July 11, 2006
David Harden, City Manager
Doug Smith, Assistant City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Red Liqht Cameras
The recent bill that would have allowed red light cameras died in committee.
In light of that, I asked Cathy Kozol to present her legal opinion on the Red Light
Camera Ordinance. Her opinion is attached. She cites conflicts with existing law.
Based on the foregoing, I would recommend that if we desire to proceed that we
should urge our local delegation to support a bill which would expressly allow red
light cameras.
I am providing materials from other jurisdictions on the issue for your review.
~
Attachment
cc: Chief Larry Schroeder, Delray Beach Police Department
Cathy Kozol, Police Legal Advisor
Message
Page 1 of2
~
Ruby, Susan
From: Kozol, Catherine
Sent: Monday, July 10, 20064:56 PM
To: Ruby, Susan
Subject: Red Light Ordinance
Hi Susan-
I have reviewed and researched the proposed ordinance for photographing "red
light runners." While I personally like the idea of the ordinance and believe it would
help curtail accidents, until the legislature addresses the issue, I believe that there are
major concerns that hinder it's application.
The first area of concern deals with notice to the violator. Under the ordinance,
notice is to be provided by US mail. According to F.S. 318.14 "... any person cited for
an infraction under this section must sign and accept a citation indicating a promise to
appear." Therefore, personal jurisdiction would not be obtained through the method
prescribed in the ordinance. Although there is no case law in Florida regarding the
issue, Arizona had a similar case regarding notice and held that unless the receipt of
summons and complaint is executed, service would not be complete. SefJ->- Tonner v.
paladis_e VaHe-y_Magi~trat~'~__Court, 831 P.2d 448, 451 (Ariz.Ct.App. 1992). Thus, to
make the ordinance work, we would have to personally serve each recipient. While
this might work for a small community such as Apopka, it would not only be difficult
but cost prohibitive for a city as large as Delray Beach.
The second issue deals with a vehicle owner who was not driving the vehicle.
The ordinance places the burden on the vehicle owner to sign an affidavit of non-
responsibility if he/she was not the one driving the vehicle and inform the City of the
actual driver if known. No where in our justice system whether criminal or civil, is a
burden placed on a defendant to foster a defense to help establish the state's or
plaintiff's case. I do not believe that this would be constitutional.
Third, is the issue dealing with the officer's observation of the violator. F .5.
901.15(5) states that a violation of of chapter 316 must be committed in the presence
of the officer or immediately in fresh pursuit. Even if we avoid these traffic statutes by
using a ordinance as in this case, F .5. 901.15 states that a violation of a municipal
ordinance must be in the presence of the officer or in fresh pursuit. Thus, an issue
arises if an officer reviews the videos and photo's of the DL and makes a comparison,
then later testifies in court. I believe there may be some evidentiary problems in court.
Per your request, I have spoken with Jay Spector who said that the way to
circumvent these issues is to use a City ordinance and call it a public hazard and not
a moving violation. Thus, the City would not be citing under Florida Statute and the
statutes would not prevail. I do not think however, that this idea would
bypass preemption issues as the statutory conflicts would prevail. It should also be
7/11/2006
Message
Page 2 of2
noted that according to Mr.. Spector, no other City in Florida has adopted this
ordinance as of yet.
Susan, I hope that the above sheds some light (excuse the pun) on the issue. If
you have have questions or concerns or need anything further, please let me know.
Cathy
7/11/2006
Page 1 of3
Ruby, Susan
From: Ruby, Susan
Sent: Monday, July 10, 2006 11 :31 AM
To: Smith, Douglas
Subject: FW: Red Light Cameras FYI.
FYI
Susan 5t 'Ruby
City Attorney
200 N. W. 1st Ave.
Delray Beach, FI. 33444
Telephone: 561-243-7091
Facsimile: 561-278-4755
ru by@ci.delray-beach.f1.us
-----Original Message-----
From: Kozol, Catherine
Sent: Wednesday, March 02, 2005 3:57 PM
To: Ruby, Susan
Subject: FW: Red Light Cameras FYI
Here is an added response from George Wysong in Miami.
Catherine M. Kozol
Assistant City Attorney/Police Legal Advisor
300 West Atlantic Avenue
Delray Beach, Florida 33444
(561) 243-7823
-----Original Message-----
From: Wysong, George [mailto:George.Wysong@miami-police.org]
Sent: Wednesday, March 02, 2005 3:52 PM
To: Kozol, Catherine
Subject: RE: Red Light Cameras FYI
My pleasure, incidentally the Mayor of Miami has been interested in the Red Light Cameras too and has made it
one of his legislative priorities for the last couple of years. It seems every year for the last five years there has
been a bill in the legislature to allow the red light cameras and each year the bill dies in committee. Maybe some
day it will pass.
From: Kozol, Catherine [mailto:Kozol@ci.delray-beach.fl.us]
Sent: Wednesday, March 02, 2005 3:37 PM
To: Wysong, George
Subject: RE: Red Light Cameras FYI
Thanks George. Hope all is going well down there in Miami.
Catherine M. Kozol
Assistant City Attorney/Police Legal Advisor
300 West Atlantic Avenue
Delray Beach, Florida 33444
(561) 243-7823
-----Original Message-----
From: Wysong, George [mailto:George.Wysong@miami-police.org]
7/10/2006
Page 2 of3
Sent: Wednesday, March 02, 2005 3:34 PM
To: Kozol, Catherine
Subject: FW: Red Light Cameras FYI
Importance: High
FYI
Speaker: No red-light cameras
House leader blasts measure for its 'government intrusion'
By John Kennedy, Tallahassee Bureau, Orlando Sentinel, 2/25
TALLAHASSEE -- House Speaker Allan Bense said Thursday that he would block any
legislation that would allow automated cameras to catch drivers who run red lights.
"I hate it. It will not go through the Florida House," Bense vowed.
Bense so far has rarely threatened to wield the power of the speaker's office over any
legislation. But Thursday, he declared dead the idea of using cameras to catch red-light
runners even before the two-month session begins March 8.
12
The Panama City Republican said he feared municipalities would use the devices
chiefly to increase dollars collected from traffic fines.
"You put cameras at the intersection of First Street and Second Court, and if you do real
well, then why not put them at the intersection of Third Street and Fifth Avenue, and if
that does well, they become cash cows," Bense said. "Pretty soon, perhaps jaywalking
is getting pretty bad. . . I just think it's government intrusion in our lives."
Rep. Ron Reagan, R-Sarasota, and Sen. Steve Wise, R-Jacksonville, are sponsoring
legislation that would allow local governments to use such cameras. Florida currently
bans their use, although cameras are used in 19 states.
Both lawmakers say their prime concern is saving lives. They say records show 900
people are killed and 200,000 injured nationwide each year in motor-vehicle collisions
caused by drivers violating red-light traffic signals.
Among the supporters of the legislation are the Florida League of Cities, the Florida
Association of Counties, law-enforcement groups, The Florida Insurance Council and
Florida Medical Association.
But with critics saying the cameras invade privacy and prove a boon both for companies
that operate them and municipalities that collect fines, similar proposals have failed to
advance in the Florida Legislature for several years.
Reagan and Wise said this week they sought to soften opposition by steering clear of
how fines are distributed in their bills, leaving that controversial measure for lawmakers
to decide later.
"It's all about profits under the guise of public safety," said Senate President Tom Lee,
R-Brandon. "When you take the profit motive out . . . nobody wants to do cameras at
red lights anymore."
Robert Trammell, a former legislator and now lobbyist for SmartCop Inc., a Pensacola
company whose software is used in red-light enforcement, conceded the legislation
faces an uphill fight.
SmartCop's board of directors includes former federal Housing and Urban Development
Secretary Jack Kemp, former federal Drug Czar William Bennett, Robert F. Kennedy Jr.
and Pensacola trial lawyer Fred Levin.
"That is a strong statement by Speaker Bense and disappointing," Trammell said. "But I
7/10/2006
Page 3 of3
knew he didn't like the issue going in. We're going to work with him. He's not a person
that's so hard-headed that he would ignore overwhelming logic."
7/10/2006
tTAL RE[tLlGHT PHOTO ENFORCEMENT CAMERA SYSTE
The facts
Around the world some
400,000 people die in road
accidents every year.
Red-light running causes around
260,000 crashes each year, of
which approximately 750 are fatal.
Fatal red-light crashes are on the
increase, far out pacing all other fatal
crashes. In the USA, the economic
impact of crashes overall is estimated
at USS 7 billion each year in medical
costs, time off work, insurance hikes
and property damage.
Behavioral changes
The ultimate goal of red-light cameras
is to reduce the number of accidents
at signalized intersections where there
is a history of red-light violations.
Large-scale automated photo
enforcement technologies provide
powerful tools to modify unsafe
driving behavior.
The results
Redflex digital camera enforcement
programs deliver impressive results:
. The City of Chicago, Illinois, has
reduced red-light running by the
magnitude of 40% at some of the
busiest intersections in the US.
. The City of Fremont, California, has
reported reductions of intersection
collisions in excess of 40% since
program inception.
. The City of Dayton, Ohio, has
reported a drop in red-light
running, city wide, in excess of
28% and collision in excess of 60%
at enforced intersections.
. The City of Savannah, Georgia, has
achieved a reduction in red-light
running by a magnitude of 45%.
. The Toledo Police Department's
Traffic Section report a 26% overall
drop in traffic accidents at moni-
tored approaches. A number of
intersections showed a reduction in
accidents by up to 65%.
As one of the inaugural programs
in the State of California, Culver
City has achieved collfsion
reduction in excess of 60% at
enforced intersections.
. According to the County Sheriff's
Department of San Juan
Capistrano, CA, there was a 40%
drop in injury collisions at targeted
intersections in 2001.
The results are undeniable: camera
enforcement systems change driver
behavior by modifying the driving
environment. In the short-term,
motorists develop the perception
that if you run a red-light you will be
caught; in the long-term, attitudes
and behaviors change.
"The camera technology proposed
by Redflex was determined to be
significantly superior to that of the
competition. "
Virginia Beach VA Police, Selection
Committee
M;
Redflex program benefits
Proven outcomes of using digital
solutions for public safety include
dramatic reductions in road trauma,
substantial infrastructure savings and
the powerful, intangible benefits of
saved lives and averted injuries.
Public acceptance
Communities want safer roads. An
Arizona survey conducted by Behavior
Research Inc. found that almost
80% of Scottsdale drivers supported
the Focus on Safety program using
Redflex speed and red-light camera
systems.
Non-intrusive &
autonomous
The Redflex system works
autonomously to the City's existing
traffic control system. Redflex provides
tailored solutions to meet City specific
operational requirements, including
full non-intrusive options that require
no roadbed cuts, lane closures and
minimal disruption to the City's
streetscape.
Redflex SMARTscene ™
SMART scene ™ combines the
dynamics of full motion video with
the prosecutability of high-resolution
digital images. SMART scene ™
provides a 12 second motion
video clip showing a view of the
intersection 6 seconds before and 6
seconds after the red-light violation.
SMARTscene ™ combines the
dynamics of full motion video
with the prosecutability of
high-resolution digital images.
A scell~e'image
B scene image
Web access
No matter what state or city
the customer is in, access to
all contract information is via
Redflex WEBops ™ - simply
by using the Internet and
a standard web browser.
WEBops ™ provides secure access
to the Police Authorization
facility, reports, program
management, statistics and
performance information.
Security
For security over wired and
wireless telecommunications
networks and the Internet,
RedfJex uses the VeriSign Trust
Network™. Customers who
access information from the
Redflex Traffic Systems Web
site can be confident that
information really comes from
Redflex and has not been altered
or corrupted since it was created
and signed.
Equipment verification
All RedfJex Traffic Systems digital
cameras are accessible on-line
to maintain and verify camera
operation 24 hours a day, 7 days
a week.
Notice printing
Notices are printed with color
images showing the scene,
plate and driver's face. Clear
identifiable pictures of the
offending vehicle, driver and
showing the status of the traffic
lights reduces the need for public
viewing facilities and the number
of disputed tickets.
Reclflex Traffic Systems Ine.
15020 North 74th Street
Scottsdale, Arizona
85260,USA
TeJ:+1 (480) 607 0705
Fa>e1 (480) 607 0752
E-Mail: sales@redflex.com
VIOLATION NOTICE
Citation Issue Date:
03I02I04
Bail Amount:
$271.00
Slale / license Plate Number:
_BA
Location of Otiense:
Eastern and Markel _s.ille.
Dale f Time of Violation:
03102104 15:32:13
NOTICE TO APPEAR
Case No.
6016EF
Date 01 Violation
03I02I04
Name (First. Middle. Lasl)
John SmiU1
Addn~ss
:w.s Raemur sa
C;ly
Brownsvill.
Race
1997
Registered Owner Of lessee
John Smith
Address
2045 Raemur St
Cily
Brownavllle
ZIP Code
85265
Violation
Red light offense
Location of Violation
Victoria and Telegraph
Code and Section
TIRL-234
Description
City a! Occurence
Ventura
. Violation was cornmited in my presence_ I he abO'o/e is dedared on information and
~S('d on phOlogj'aphiC~
Dale Issued ~
YOU MUST RESPOND TO THE COURT ON OR BEFORE'
WHEN: Da1e: D4ID4I04 lime: 4 00
WHAT TO DO- Follow the instructions on the reverse
WHERE: Brownsville Court
Infringement Division, Room 13
315 North Street
Brownsville
California 85264
Sampl~NoIict!
seE REVERSE
Proof of Service
1. JAVlERAlVARAOO of Traffic Salety Sysie.,.Inc.. Culver City, Califomia, do
certify lhat I am over 18 years olct and not a party to !he above entitled caSll, 00
Thursday. March 4, 2004, I plated thiS Notice to Appe-af in an erweIope
addressed to the registered owner or lesSee as shown above. sealed it, and
deposited the 8n\lelope in. Uniled Stales Postal SeNd receptacle located a1 \he!
Uniled States Postal Service ofIice in Culver Cit}I, California. In the ordinary course
of bus.iness.llleen~i5 sealed. arrixedwlttl properposlape, and mailed. I
declare under peflBly or perjury thai the foregoing is true and correct
~
Daled 'OJxxfu.x:J.
JAVIER ALVARADO
Code 01 Cjv~ Procedure 1013a13}
.
REDFLEX
TRAFFIC SYSTEMS
Citalion Number:
190124
For inlormaiton on SMARTCAM automated enforcement contact:
16020 NorlII74th Street
Sco_1s AZ. USA 85260
Tel: +ll_l 607 0705 Fax: +1 (480) 607 0752
Typical red-light violation notice
I
==
Reclflex Traffic Systems
Arundel House, 23 Hickory Gardens
Southampton, Hampshire
S030 3RN, United Kingdom
Tel:+44 2380462165
Fax:+44 2380 470 882
E-Mail: sales@redflex.com.au
~
"0
'"
~
'"
<=
"0
'"
0::
o
>
Rectflex Traffic Systems Inc.
6047 Bristol Parkway
Suite 100, Culver City, California
90230,USA
Tel:+1 (310) 642 0470
Fax:+1 (310) 642 0142
E-Mail: sales@redflex.com
Reclflex Traffic Systems Pty Ltd
31 Market Street
South Melbourne, Victoria
3205, Australia
Tel:+61 (3) 96741800
Fa>e61 (3) 9690 0705
Web: wwvv.redflex.com
E-Mail: sales@redflex.com.au
N
o
o
o
Page 1 of2
Smith, Douglas
From: Jay Specter (JSpecter@sc.rr.com]
Sent: Tuesday, June 20,20061 :13 PM
To: Smith, Douglas
Cc: 'Paige Carter-Smith'
Subject: Photo Enforcement
Dear Doug,
Paige Carter-Smith had asked that I send you some information on photo enforcement. I have attached
several files for your review. The first file is a Redflex Brochure and the second file is a sample ordinance for a
city in Florida. Photo enforcement has produced a reduction in violations across the country. Normal
reductions in accidents and violations range from 40% to 70% when compared to the first month of system
operations. Photo enforcement systems do generate revenue for the municipality. The revenue is generated
from those citizens that choose to break the law and run red lights. On average each camera system will
generate between 1,000 and 600 violations monthly and then will taper off over time (normally 3 years) by
70%. Should you have any questions or need some additional information, please let me know.
Redflex Traffic Systems provides innovative public safety solutions to local governments in the United States
of America and worldwide. Headquartered in Scottsdale, Arizona and with local offices coast-to-coast, Redflex
partners with public safety officials in law enforcement, transportation and engineering to reduce traffic
accidents and eliminate the resulting injuries, fatalities and property damage.
As industry pioneers and supporting programs since 1986, Redflex is the most recognized name in the photo
enforcement industry. Redflex supports programs in over 16 States and 87 cities in the United States and in
10 Countries worldwide.
Our mission is to deliver the most innovative and comprehensive turnkey public safety programs that provide
substantial benefits for our customers year after year. This mission is based on our proven abilities to deliver
the most innovative and effective technologies coupled with sterling customer service. Redflex provides a vast
array of Public Safety Solutions lines of business, each of which includes industry leading hardware, software
and support services that are required for a world-class public safety program.
Each of our solutions are built upon the Redflex Smart Platform™, which enables Cities to effectively and
efficiently implement a stand alone or integrated solution, featuring one or several of our Core Solution Lines of
Business and advanced public safety features. Each of our Lines of Business combines the most advanced
image capturing and sensor technologies that result in:
. The highest number of violations identified and captured
. The highest Prosecutable Image Rate in the industry (90% +)
. The industries highest level of convictions
. The greatest reduction in violations and accidents
. The greatest ongoing public support
Redflex is truly the industry leader in Photo Enforcement.
Regards,
f~~
7/12/2006
Page 20f2
Jay Specter
B Briarberry Road
Columbia, South Carolina 29223
T (803) 429-8085
F (803) 699-0378
JSpecter@sc.rr.com
JSpecter@redflex.com
www.redflex.com
*** eSafe scanned this email for malicious content ***
*** IMPORTANT: Do not open attachments from unrecognized senders ***
7/12/2006
PROPOSED ORDINANCE 2006-
REVISION NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
, FLORIDA, CREATING CHAPTER _ OF THE
CODE OF ORDINANCES OF THE CITY OF TO
BE CALLED "THE City OF
DANGEROUS INTERSECTION SAFETY ACT"; AND NEW
SECTIONS XX.01 THROUGH XX.15 PROVIDING FOR INTENT
AND DEFINITIONS; ESTABLISHING AN ENFORCEMENT
PROGRAM WITHIN THE CITY; AUTHORIZING THE CITY TO
PERMIT AND IMPLEMENT THE USE OF UNMANNED
CAMERAS/MONITORING DEVICES FOR RED ZONE
INFRACTIONS; PROVIDING ENFORCEMENT PROCEDURES,
INCLUDING NOTICE, APPEAL HEARINGS, PENALTIES,
IMPOSITION OF ADMINISTRATIVE CHARGES AND
COLLECTION; PROVIDING FOR EXCEPTIONS; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of
("City") is located in a high
density traffic area and regularly experiences traffic incidents related to the failure
of motorists to obey duly erected traffic control devices, which exposes its
citizens to the dangers of personal injury and property damage; and
WHEREAS, the City Commission is concerned with the inability to
sufficiently enforce the state statute prohibiting running of red lights, and,
WHEREAS, the use of unmanned cameras to enforce toll violations on the
state's toll roads has been determined to be fair, reasonable and sufficient by the
State of Florida in order to effectively enforce laws regulating the payment of tolls
without the need to commit the extreme amount of personnel that would be
necessary without the use of unmanned cameras; and,
WHEREAS, similarly, the use of unmanned cameras will be effective in
enforcing ordinances requiring vehicles not to proceed into an intersection and to
Page 1 of 13
PROPOSED ORDINANCE 2006-_
ORDINANCE NO.
REVISION NO.
stop for red lights; therefore freeing City police personnel to respond to other,
and sometimes more, significant incidents as well as serious crime; and,
WHEREAS, local governments in different parts of the state and country
have demonstrated the enhancement of vehicular and pedestrian traffic safety
attributable to the integration of automated image capture technologies with
traditional traffic law enforcement methodology; and
WHEREAS, 9 316.008, Florida Statutes, grants municipalities, with
respect to streets and highways under their jurisdiction and within the reasonable
exercise of police power, authority to regulate and monitor traffic by means of
police officers and security devices; and
WHEREAS, the City of has home rule
authority pursuant to Article VIII, Section 2 of the Florida Constitution and
Chapter 166, Florida Statutes, and enables the City to enact an ordinance
making it a violation of the City's Code of Ordinances when a vehicle
proceeds into an intersection when the traffic control signal for that vehicle's
direction of travel is emitting a steady red signal damages the public by
endangering vehicle operators and pedestrians alike, by decreasing the
efficiency of traffic control and traffic flow efforts, and by increasing the
number of serious accidents to which public safety agencies must respond at
the expense of the taxpayers and to provide for enforcement of such
violations of the City's Code of Ordinances through the use of the City's Code
Enforcement Special Masters; and,
Page 2 of 13
PROPOSED ORDINANCE 2006-
ORDINANCE NO.
REVISION NO.
WHEREAS, Attorney General Opinion 05-41, dated July 12, 2005,
confirms the authority of the City to enact an ordinance when a vehicle proceeds
into an intersection when the traffic control signal for that vehicle's direction of
travel is emitting a steady red signal a violation of the City's Code of Ordinances,
to use unmanned cameras to monitor intersections in the City for such violations
of the City's Code, and to record the license tag numbers of vehicles involved in
such violations; and,
WHEREAS, the Attorney General has opined that the City may not issue
traffic citations under the State Statutes to drivers for violations observed by the
use of unmanned cameras and not otherwise observed by police officers; and,
WHEREAS, in order to be consistent with state law and the Attorney
General's Opinion, the City will issue City Notices of Violations to registered
owners of vehicles, will not utilize the uniform traffic citation prescribed by
Chapter 316, and will not prosecute offenses of its City ordinance through county
court, thus the City's enforcement program; and,
WHEREAS, the City Commission finds it to be fair and reasonable to use
the same procedure used by the state to enforce toll violations through
unmanned cameras, to provide alleged violators with the opportunity to have a
hearing within the City using the City's Code Enforcement Special Magistrates
and the City's code enforcement procedures adopted pursuant to Chapter 162,
Florida Statutes, and set forth in Chapter _ of the City's Code of Ordinances;
and,
Page 3 of 13
PROPOSED ORDINANCE 2006-
REVISION NO.
ORDINANCE NO.
WHEREAS, the City Commission of the City of
finds
that implementation of the enforcement program as set forth herein will promote,
protect and improve the health, safety and welfare of its citizens, consistent with
the authority of and limitations on the City pursuant to the Florida Constitution
and Florida statutes; now, therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
, FLORI DA:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
Section 2. Chapter
of the Code of Ordinances of the City of
entitled
Dangerous
Intersection Safety Act, shall be created to read as follows:
Chapter XX: CITY OF
& XX.01 Intent.
DanQerous Intersection Safety Act.
The purpose of this Act is to authorize the use of a unmanned
cameras/monitorinq system to promote compliance with red liqht siqnal directives
as proscribed bv this Act. and to adopt a civil enforcement system for vehicles
that proceed in to an intersection when the traffic control siqnal for that vehicle's
direction of travel is emitlino a steady red siqnal. This Act will also supplement
law enforcement personnel in the enforcement of red liqht siqnal violations and
shall not prohibit law enforcement officers from issuinq a citation for a red Iiqht
siqnal violation in accordance with normal statutory traffic enforcement
techniques.
&XX.02 Use of Imaqe Capture Technoloqies.
The City shall utilize imaqe capture technolooies as a supplemental
means of monitorinq compliance with laws related to traffic control siqnals, while
Page 4 of 13
PROPOSED ORDINANCE 2006-_
ORDINANCE NO.
REVISION NO.
assistinq law enforcement personnel in the enforcement of such laws. which are
desiqned to protect and improve public health. safety and welfare. This Section
shall not supersede. infrinqe. curtail or impinqe upon state laws related to red
liqht siqnal violations or conflict with such laws. The City shall utilize imaqe
capture technoloqies as an ancillary deterrent to traffic control siqnal violations
and to thereby reduce accidents and iniuries associated with such violations.
Notices of Infractions issued pursuant to this Act shall be addressed usinq the
City's own Special Maqistrates and not uniform traffic citations or county courts.
&XX.03 Definitions.
The followinq definitions shall apply to this Act:
191 Intersection shall mean the area embraced within the prolonqation
or connection of the lateral curb line; or. if none. then the lateral
boundary lines. of the roadways of two roads which ioin or intersect
one another at. or approximatelv at. riqht anqles: orthe area within
which vehicles travelinq upon different roads ioininq at any other
anqle may come in conflict.
(b) Motor vehicle shall mean any self-propelled vehicle not operated
upon rails or quidewav. but not includinq any bicvcle. motorized
scooter. electric personal assisted mobilitv device. or moped.
{g} Notice of Infraction shall mean a citation issued for a red zone
infraction.
{Q} OwnerNehicle Ownershall mean the person or entity identified bv
the Florida Department of Motor Vehicles. or other state vehicle
reqistration office. as the reqistered owner of a vehicle. Such term
shall also mean a lessee of a motor vehicle pursuant to a lease of
six months or more.
@l Recorded Imaaes shall mean imaqes recorded bva traffic control
siqnal monitorinq system/device:
1:. On:
Three or more photoqraphs
Three or more electronic imaqes;
Three or more diqital imaqes
Video: or
Anv other medium; and
Page 5 of 13
PROPOSED ORDINANCE 2006-
REVISION NO.
ORDINANCE NO.
2. Showinq the rear of a motor vehicle and on at least one imaqe,
clearlv identifyinq the reqistration plate number of the vehicle.
ill Red Zone Infraction shall mean a traffic offense whereby a traffic
control siqnal monitorinq system established that a vehicle
proceeded into an intersection controlled bv a dulv erected traffic
control device when the traffic control siqnal for that vehicle's
direction of travel was emittinq a steady red siqnal.
fg) Special Maaistrate shall mean the City's Code Enforcement Special
Maqistrate.
!b.1 Traffic Control Siqnal shall mean a device exhibitinq different
colored liqhts or colored liqhted arrows, successivelv one at a time
or in combination, usinq onlv the colors qreen, vellow. and red
which indicate and applv to drivers of motor vehicles as provided in
Florida Statutes & 316.075.
ill Traffic Control Sianal Monitorinq System/Device shall mean an
electronic system consistinq of one or more vehicle sensors,
workinq in coniunction with a traffic control siqnal. still camera and
video recordinq device, to capture and produce recorded imaqes of
motor vehicles proceedinq into an intersection aqainst a steady red
liqht siqnal indication.
&XX.04
Adherence to Red Liqht Traffic Control Siqnals.
Motor vehicle traffic facinq a traffic control siqnal's steady red liqht
indication shall not proceed into an intersection at a system location when the
traffic control siqnal for that vehicle's direction of travel is emittinq a steady red
siqnal.: however, the driver of a vehicle which is stopped at a clearlv marked
stop line, but if none. before enterinq the crosswalk on the near side of the
intersection or, if none, then at the point nearest the intersectinq roadway
where the driver has a view of approachinq traffic on the intersectinq roadway
before enterinq the intersection in obedience of a steady red traffic control
siqnal. may make a riqht turn (unless such turn is otherwise prohibited bv
posted siqn or other traffic control device) but shall vield riqht-of-wav to
pedestrians and other traffic proceedinq as directed bv the traffic control
siqnal at the intersection.
Page 6 of 13
PROPOSED ORDINANCE 2006-
REVISION NO.
ORDINANCE NO.
&XX.05 Violation.
A violation of this Act. known as a Red Zone I nfraction. shall occur when
a vehicle does not comply with the requirements of paraqraph (4). Violations
shall be enforced pursuant to paraqraph (7) herein.
&XX.06 Thirty Day notice; introductory period.
For the first thirty (30) days of this Ordinance or the first thirty (30) days
after the traffic control siqnal monitorinq system/device is installed and
operational (which ever is later), unless the driver of a vehicle received a citation
from a police officer at the time of a Red Zone Infraction in accordance with
normal traffic enforcement techniques, the vehicle owner shall receive a courtesy
notice of the violation. Commencinq thirty-one after the effective date ofthe Act
or installation of the traffic control siqnal monitorinq system/device (which ever
comes later). the vehicle owner is subiect to the enforcement provision as
provided herein.
&XX.07 Review of Recorded Imaqes.
.@l The owner of the vehicle which is observed by Recorded Imaqes
committinq a Red Zone Infraction. shall be issued a Notice of
Infraction. The Recorded Imaqe shall be sufficient qrounds to
issue a City Notice of Infraction.
fQ} The City shall desiqnate an Officer(s). who shall meet the
qualifications set forth in &943.13. Florida Statutes. The Officer
shall receive a minimum of 16 hours of classroom traininq and
receive a certificate of completion from the vendor providinq the
Traffic Control Siqnal Monitorinq System/Device. The Officer shall
review Recorded I maqes prior to the issuance of a Notice of
Infraction to ensure accuracy and the inteqrity of the Recorded
Imaqes. Once the Officer has verified the accuracy of the
Recorded Imaqes he or she shall have the Notice of Infraction
prepared and mailed via first class U.S. mail to the Vehicle Owner
at the address on record with the Florida Department of Hiqhway
Safety and Motor Vehicles or if the vehicle is reqistered in another
state or country. the owner's address as shown on the motor
vehicle reqistration records of the department or aqency of the
other state or country analoqous to the Florida Department of
Hiqhway Safety and Motor Vehicles
&XX.08 Notice of Infraction.
Page 7 of 13
PROPOSED ORDINANCE 2006-
REVISION NO.
ORDINANCE NO.
The City Notice of Infraction shall include:
@l The name and address of the vehicle owner:
fQ1 The license plate number and reQistration number of the vehicle:
M The make. model. year and color of the vehicle;
(Q} Notice that the violation charQed is pursuant to this Act:
.liD. The location of the intersection where the violation occurred;
ill The date and time of the red zone infraction:
{gj Notice that the Recorded ImaQes relatinQ to the vehicle and a
statement that the recorded imaQes are evidence of a red zone
infraction;
fb.} Copies of at least three of the recorded color imaQes:
fb.} The civil penalty imposed:
.ill The procedures for payment of the civil penalty and contestinQ the
notice of infraction:
ill A siQned statement by the Traffic Control Infraction Officer that,
based on inspection of recorded imaQes, the vehicle was involved
in a Red Zone Infraction;
!.Is} Information advisinQ the person alleQed to be liable under this
Section. the manner and time in which liability as alleQed in the
Notice of Infraction may be appealed and warninq that failure to
pay the civil penalty or to contest liability in a timely manner is an
admission of liability.
&XX.09 Vehicle Owner Responsibilities.
A Vehicle Owner receivinQ a Notice of Infraction may. within twenty one
(21) days of the date of the Notice of Infraction:
@l Pay the assessed civil penalty pursuant to instructions on the
notice of infraction; or
fQ1 Request an appeal pursuant with procedures as outlined in this
Act:
Page 8 of 13
PROPOSED ORDINANCE 2006-
REVISION NO.
ORDINANCE NO.
The failure to comply with the provisions of this Section within twenty one
(21) days from the date of the Notice of Infraction shall constitute a waiver of the
riqht to contest the Notice of Infraction and will be considered an admission.
&XX.10 Appeal to Special Maqistrate.
The City's Code Enforcement Special Maqistrates are authorized to
consider appeals under this Chapter within twenty one (21) days of the
date of the Notice of Infraction, the Vehicle Owner may file an appeal with
the City pursuant to the directions in the Notice of Infraction. A hearinq on
the appeal shall be scheduled for all appeals except those in which the
Vehicle Owner submits an affidavit pursuant to &XX.11 in which the
Vehicle Owner affirms under penalty of periury that the vehicle was not
under his or her care, custody or control, or that of someone with Vehicle
Owner's consent.
.@} Upon receipt of the appeal. the City shall schedule a hearinq
before the Special Maqistrate to occur not later than sixty (60) days
after City's receipt of the appeal. Notice of Hearinq shall be
provided to the Vehicle Owner no less than ten (10) days prior to
the hearino, and shall be provided by certified and U.S. mail to the
same address to which the Notice of Infraction was sent.
{Q} The followinq shall be permissible qrounds for an appeal:
ill At the time of the infraction, the vehicle was not under the
care, custody, or control of the Vehicle Owner or an
individual with Vehicle Owner's consent. established
pursuant to affidavit as provided in &XX.11 :
ill The motor vehicle driver was issued a citation by a law
enforcement officer. which was separate and distinct from
the citation issued under this Section, for violatino the
steady red traffic control sional:
illll The motor vehicle driver was reouired to violate the steady
red traffic control sional in order to comply with other
qovernino laws;
(iv) The motor vehicle driver was reouired to violate the steady
red traffic control sional in order to reasonably protect the
property or person of another;
M The steady red traffic control siqnal was inoperable or
malfunctionino: or
Page 9 of 13
PROPOSED ORDINANCE 2006-
REVISION NO.
ORDINANCE NO.
(vi) Anv other reason the Special MaQistrate deems
appropriate.
i9 The Imaqe Review Officer shall testify at the appeal. Then. the
Vehicle Owner may present testimony and evidence.
@ Recorded ImaQes indicatinq a Red Zone Infraction. verified bv the
Traffic Control Infraction Review Officer. are admissible in any
proceedinq before the City's Special Maqistrate to enforce the
provisions of this Chapter. and shall constitute prima facie
evidence of the violation.
~ Unless an affidavit is provided pursuant to &XX.11. it is presumed
the person reoistered as the vehicle owner with the Florida
Department of Motor Vehicles or any other state vehicle
reqistration office. or an individual havinq the owner's consent, was
operatinq the vehicle at the time of a Red Zone Infraction.
&XX.11 Vehicle Owner Affidavit of Non-responsibilitv.
I n order to for the Vehicle Owner to establish that the motor vehicle was at
the time of the Red Zone Infraction. in the care. custody, or control of another
person without the consent of the reoistered owner. the Vehicle Owner is
required. within twenty one (21) days from the date listed on the Notice of
Infraction, to furnish to the City, an affidavit settino forth the circumstances
demonstratinq that the motor vehicle was not in the Vehicle Owner's care
custody or control. or that of a person with Vehicle Owner's consent. The
affidavit must be executed in the presence of a notary. and include:
fill If known to the Vehicle Owner. the name. address. and the driver
license numberofthe person who leased. rented or otherwise had
care. custody. or control of the motor vehicle at the time of the
alleqed Red Zone Infraction; or
fQ.) If the vehicle was stolen. the police report indicatinq the vehicle
was stolen at the time of the alleqed Red Zone Infraction.
i9 The followino lanquaqe immediatelv above the siqnature line:
"Under penalties of periury. I declare that I have read the foreooinq
affidavit and that the facts stated in it are true."
Upon receipt of an affidavit pursuant to this section. any prosecution ofthe Notice
of Infraction issued to the vehicle owner shall be terminated.
Page 10 of 13
PROPOSED ORDINANCE 2006-
REVISION NO.
ORDINANCE NO.
&XX.12 Penalties.
A violation of this Act shall be deemed a non-criminal. non-movinq
violation for which a civil penaltv in the amount of $1 00.00 shall be assessed. As
the violation relates to this Act and not the State Statutes. no points as provided
in & 322.27. Florida Statutes. shall be recorded on the drivinq record of the
vehicle owner or responsible party.
&XX.13 Administrative Charqes.
In addition to the assessment pursuant to &XX.12 herein. administrative
charqes may be assessed in the event of an appeal or the necessity to institute
collection procedures.
&XX.14 Collection of Fines.
The City may establish procedures for the collection of a penaltv imposed
herein. and may enforce such penaltv bv civil action in the nature of debt.
~XX.15
Exceptions.
This Act shall not applv to Red Zone Infractions involvinq vehicle
collisions or to any authorized emerqencv vehicle respondinq to a bona
fide emerqencv: nor shall a Notice of Infraction be issued in any case
where the operator of the vehicle was issued a citation for violatinq the
state statute reqardinq the failure to stop at a red liqht indication.
Section 3. Severability. If any section, sentence, clause, or phrase of
this Ordinance is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the remaining
portions of this Ordinance.
Section 4. Inclusion in Code. It is the intention of the City Commission
of the City of
, Florida, that the provisions of this
Ordinance shall become and be made a part of the City of
Code of Ordinances; and that the sections of this
ordinance may be renumbered or relettered and the word "ordinance" may be
Page 11 of 13
PROPOSED ORDINANCE 2006-_
ORDINANCE NO.
REVISION NO.
changed to "section," "article," or such other appropriate word or phrase in order
to accomplish such intentions.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
Page 12 of 13
PROPOSED ORDINANCE 2006-
REVISION NO.
ORDINANCE NO.
Section 5. Effective Date. This Ordinance shall become effective upon
adoption by the City Commission.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
, FLORIDA ON FIRST READING THIS
DAY OF , 2006.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
, FLORIDA ON SECOND READING THIS
DAY OF , 2005.
CITY OF
, FLORIDA
ATTEST:
BY:
MAYOR
, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Page 1 3 of 13
Advisory Legal Opinion - Traffic, use of unmanned cameras
Page 1 of4
Florida Attorney General
Advisory Legal Opinion
Number: AGO 2005-41
Date: July 12, 2005
Subject: Traffic, use of unmanned cameras
Mr. Samuel S. Goren
City of Pembroke Pines Attorney
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
RE: MUNICIPALITIES - UNIFORM TRAFFIC CONTROL LAW - ORDINANCES - CAMERAS -
use of unmanned cameras to monitor traffic violations. Ch. 166, Fla.
Stat., and s. 316.075, Fla. Stat.
Dear Mr. Goren:
On behalf of the Pembroke Pines City Commission you have asked for my
opinion on essentially the following questions:
1. May the City of Pembroke Pines enact an ordinance authorizing the city
to monitor violations of traffic signals within the city?
2. If the answer to Question One is "yes," may the city use unmanned
cameras to monitor intersections and document traffic violations?
3. If the answers to Questions One and Two are both "yes," may the city
use the photographic evidence from the unmanned cameras to advise a car
owner of a violation?
4. If the answers to Questions One and Two are "yes," may the city use its
code enforcement special magistrate, and enforcement procedures provided
in Chapter 162, Florida Statutes, to enforce violations of traffic
signals?
5. If the answers to Questions One and Two are "yes," is the city
authorized to install the unmanned cameras at intersections for state
and/or county roads as long as all authorities with jurisdiction over such
roads consent and use the photographic evidence in the same manner as the
city for violations documented at intersections involving only city
streets?
According to your letter, the City of Pembroke Pines seeks to enhance
public safety within the city by attempting to reduce dangerous driving
behavior relating to the failure to obey red light indications on traffic
signal devices, a laudable goal. The city commission desires to enact an
ordinance authorizing the city to monitor traffic signals within the city.
The city would install unmanned cameras at intersections within the city
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Advisory Legal Opinion - Traffic, use of unmanned cameras Page 2 of 4
to record vehicles that fail to stop for red lights. The photographic
evidence from the unmanned cameras would be used to advise the vehicle's
owner of the violation.
Questions One and Two
Chapter 316, Florida Statutes, is the "Florida Unif9r.m Traffic Control
Law." Section 316.002, Florida Statutes, expresses the legislative intent
for adopting this law, stating:
"It is the legislative intent in the adoption of this chapter to make
unifor.m traffic laws to apply throughout the state and its several
counties and unifor.m traffic ordinances to apply in all municipalities.
The Legislature recognizes that there are conditions which require
municipalities to pass certain other traffic ordinances in regulation of
municipal traffic that are not required to regulate the movement of
traffic outside of such municipalities. Section 316.008 enumerates the
area within which municipalities may control certain traffic movement or
parking in their respective jurisdictions. This section shall be
supplemental to the other laws or ordinances of this chapter and not in
conflict therewith. It is unlawful for any local authority to pass or to
attempt to enforce any ordinance in conflict with the provisions of this
chapter." (e. s . )
The Legislature clearly recognized the authority of municipalities to
adopt certain local legislation to control traffic and parking within
municipalities.
In section 316.008, Florida Statutes, the traffic control law enumerates
several areas that local authorities are authorized to address, including,
" [r]egulating, restricting, or monitoring traffic by security devices or
personnel on public streets and highways, whether by public or private
parties. . . ."[1] As this office concluded in Attorney General's Opinion
97-06, the use of an unmanned camera to record vehicles that do not remain
stopped and standing at a steady red light as required by section 316.075
(3) (a), Florida Statutes, would appear to fall within the scope of this
authority.
Thus, it is my opinion that the City of Pembroke Pines is authorized by
the ter.ms of section 316.002 and 316.008, Florida Statutes, to enact an
ordinance authorizing the city to monitor violations of traffic signals
within the city and to use unmanned cameras to monitor intersections and
record traffic violations.
Question Three
As discussed above, it is my opinion that the City of Pembroke Pines is
authorized to monitor violations of traffic signals within the city and to
use unmanned cameras to record the license tag numbers of cars involved in
such violations.
It is a rule of statutory construction that an express power duly
conferred may include the implied authority to use the means necessary to
make the express power effective, although such implied authority may not
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Advisory Legal Opinion - Traffic, use of unmanned cameras
Page 3 of 4
warrant the exercise of a substantive power not conferred. [2] The City of
Pembroke Pines is granted the authority to regulate and monitor traffic on
municipal streets. The express power to regulate and monitor would appear
to encompass the authority to advise those in violation of local
ordinances that their actions had been recorded by traffic cameras
installed to detect such violations. I see no impediment to the city
taking such steps in a public safety effort to reduce dangerous driving
behavior relating to the failure to obey red light indications on traffic
signal devices.
Therefore, it is my opinion that the City of Pembroke Pines may use the
photographic evidence from unmanned cameras to advise a car owner that his
or her license tag number has been recorded in a violation of the traffic
laws.
Question Four and Five
In a 1997 Attorney General Opinion requested by Palm Beach County, this
office considered whether a county could enact an ordinance authorizing
the use of unmanned cameras at traffic intersections for the purpose of
issuing citations for violations of section 316.075, Florida Statutes.
Attorney General Opinion 97-06 concluded that the use of unmanned cameras
to detect vehicles that do not remain stopped and standing at a steady red
light as required by section 316.075(3) (a), Florida Statutes, would appear
to come within the scope of statutory provisions authorizing local
governments to monitor traffic by security devices on public streets and
highways.
The problem identified in the opinion was whether unmanned "electronic
traffic infraction detectors" may independently be used as the basis for
issuing citations for violations of these traffic laws. The provisions of
the Unifor.m Traffic Code require that citations be issued when an officer
"observes the commission of a traffic infraction[.]" [3] (e.s.) Thus, in
order for citations for violations of traffic control laws to be issued,
the statutes appear to require that an officer enforcing the traffic law
personally observe or have personal knowledge of the particular infraction
that serves as the basis for issuing the citation. The opinion concluded
that nothing precludes the use of unmanned cameras to record violations of
section 316.075, Florida Statutes, but a photographic record of a vehicle
violating traffic control laws may not be used as the basis for issuing a
citation for such violations. This office has suggested that legislative
amendments would be necessary to allow the photographic record from
unmanned cameras monitoring intersections to be used as the sole basis for
issuing citations.
Chapter 316, Florida Statutes, contains provisions regulating traffic
control signal devices and mandating a vehicular stop at a red light.
Section 316.075, Florida Statutes, designates the colors to be used for
traffic control signal lights used to control traffic, including municipal
traffic, and requires that "the lights shall indicate and apply to drivers
of vehicles and pedestrians" as described therein. [4] Pursuant to section
316.075(1) (c)l., Florida Statutes:
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Advisory Legal Opinion - Traffic, use of unmanned cameras Page 4 of 4
IIJ:Jehieu1ar traffic facing a steady red signal shall stop before entering
the crosswalk on the near side of the intersection or, if none, then
before entering the intersection and shall remain standing until a green
indication is shown. . . .11
The statute recognizes that municipal and county authorities may take
certain actions to regulate traffic turning on a steady red signal. [5] The
statute makes a violation of section 316.075, Florida Statutes, a
noncriminal traffic infraction, punishable pursuant to Chapter 318 as a
moving violation. [6] Thus, Chapter 316, Florida Statutes, contains
enforcement and penalty provisions for violations of traffic control
signal lights.
In light of the proscription contained in section 316.007, Florida
Statutes, that "no local authority shall enact or enforce any ordinance on
a matter covered by this chapter unless expressly authorized," this office
continues to be of the opinion expressed in Attorney General Opinion 97-06
that legislative changes are necessary before local governments may issue
traffic citations and penalize drivers who fail to obey red light
indications on traffic signal devices.
Sincerely,
Charlie Crist
Attorney General
CC/tgh
------------------------------------------------------------------------
[1] Section 316.008(1) (w), Fla. Stat.
[2] See, e.g., Molwin Investment Company v. Turner, 167 So. 33 (Fla.
1936); Gessner v. Del-Air Corp., 17 So. 2d 522 (Fla. 1944); cr. Thayer v.
State, 335 So. 2d 815, 817 (Fla. 1976); Dobbs v. Sea Isle Hotel, 56 So. 2d
341 (Fla. 1952); Ideal Farms Drainage District v. Certain Lands, 19 So. 2d
234 (Fla. 1944).
[3] Section 316.640 (5) (a), Fla. Stat.
[4] See s. 316.075(1) (a), indicating the actions to be taken when a green
indication is given; s. 316.075(1) (b), Fla. Stat., providing direction
when a steady yellow indication is presented; and s. 316.075(1) (c), Fla.
Stat., relating to a steady red indication.
[5] See 316.075(1) (c)l.a. and b., Fla. Stat., allowing counties and
municipalities to prohibit right turns against a steady red signal at any
intersection and to prohibit a left turn onto a one-way street
intersecting another one-way street at a steady red signal.
[6] See 316.075(4), Fla. Stat.
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0/\
~l
MEMORANDUM
TO: Mayor and City Commission
FROM: Douglas E. Smith, Assistant City MamJ.g~
DATE: July 14,2006
SUBJECT: CITY COMMISSION WORKSHOP MEETING - July 18, 2006
Presentation on Proposed Boardwalk - Atlantic Avenue Bridge
Rich McGloin has requested an additional presentation to the Commission on the proposed
boardwalk for the Atlantic Avenue Bridge. Mr. McGloin previously made a presentation on a
boardwalk concept for the southeast comer of the bridge at the May 10, 2005 Commission
Workshop meeting (a concept drawing from the May 2005 meeting is attached). Mr. McGloin
now has a concept drawing for the northeast comer of the bridge (also attached) which will be
presented at the July 18,2006 workshop meeting.
\!\\ S,lf
...
FEASiBILITY BUDGET STUDY
WATERWAY EAST SHOPPING CENTER
LOCATION: NORTHEAST CORNER OF BRIDGE
I ESTIMATED COST I
I DESCRIPTION
SITE AMENITIES
BOARDWALK CONNECTION THROUGH GARDEN AREA
$18,000- $22,000
LANDSCAPE
SHRUBS! PALMS! TREES INCLUDING: CLEARING,
GRUBBING, AND SITE PREPARATION
$30,000- $35,000
MISCELLANEOUS
PERMITTING FEES FOR BOARDWALK AND LANDSCAPE
LANDSCAPE ARCHITECTURAL DESIGN FEES
SUB-TOTAL FOR NORTHEAST CORNERI
$800- $1,000
$7,500
$56,300-$65,500 I
Cotleur
Hearing
OCT-Zl-05 02:15PM
FROM-
T-583 P 02
HZd
FEASIBILITY BUDGET STUDY! k. LINEAR FEET
,!!~T-ERWA YEAST SHOPPING CENTER .' ---~=;,!==~--------ll"" .__._____J~~_ isauARE F~iT" .-- --~-
b.9.g~T.I.Q~~...;1Ql!T!:I.~!'-S! cO~N.~!<_ Qrl.l~!Q.~.E -j I - -" -.--. -.1'=-5_. !WMP SUM .
DESCRIPTiON !QUANTITY UNIT PRICE 'TOTAL CDS!
~ITE..!'MENIT.!.ES __ .... . ..1..... ----.-~ .............-_.-_t--~~.,600 I
~~~~:~~::~~~SAND -.~_._:::-.h:.:. I" .....2;~6.r- $2~:~~~~ ,1._.S;'120.oof!.
ElIKERACK .-----... j '1 i $1.200.00 !1L.S 1_ $1.200.00
ENTRY-SIGNAGE ---.-.----..- 1 i $1.200.00 -r/LS J" ----S1,200.00 "
INTERPRETIVE S!GNAGE AROUND _~~.BD\f~~ AREA- ..d' .-...- 1: $4.000,00 IlLS '--r- $4,000.00
SEATfNG I BENCH' . . i 41 $750,QO i---"!' ._mn S3,000.00
LIGHTING __'n -...-- - "''--'-r--'-' 1 i $5;ooo,uoTii:s:---....._-- 5:000'.00
--.-----.. .--r----..---~ SUIl.TOTAL S87,120.DO
LANDS~~PE __~~~~~~~:.: I . :':=:-L ! I
~1!~-!:!.~-?~eAlMS/TREES _______.___..1..,... .!.!...___~~QO.OOI/LS L___.. $50,000.00
CLEARING. GRUBBING. AND SITE PREPARATION i 11 $4,000.00 illS i . "$".(505]1)
MI~CEL~AN'EG~~~~~~~'''''' .~. .:u~: ~_.~ _.~~~~-=~= --"}==--'-.- _.~~~~~~_.r~D:i~TA~_~ SS4,naO.nD
PERMITTING FEES ______n_ . j .___. I! . $2.000..001/1.5 .___._....1....._. -,&2.000.00
CONSTFtLiCT!ON PLANS ) 11$10,000 - $15,000 II 510.QOO. $15,000
------...-~ !. "-'-1--'-- iilUi>.TOTAl. $12.000-$17,000 .
.----.---........- -. I "'-'--J-- I
-----.---<. .-
._.. .___._.__.__ SUB.TOTAL FOR SOUTHEAST CORNERj $133,120-135120,00
_.. _'_"__ .____.-.... i ._. i I
LO~ I.I9..N.:._N!?~JHEA8T CORNER.Of aR~2L-________i..... .. . . J:~--' --r-=-~-"u----
SlTl. AMENITIES I I I
PAiH7siDEWALK CONNECTION THROUGH GARDeN AREAT .-- . '1T $1.000-$2.000 illS 1'--- . _J1 ,QQ?.:1.?1'OO
LANDs"CAPE.....- -..-- - 1--.----1'... - -- f i
rsHf3.UElSl~~jZi:BEif.s__ _ _' . -J_~=})I.=:_=.=.:)Iq,~QQ~oo illS
ICLEARING, GRUSSING, AND SLTf: f'R?~_~~~~19~-=~J---l~-~~~.OO'O,?Qi~l~_--
I I 9UI!-TOTAL FOR NORTHEAST CORNER!
. :$10;000:001
si.5ob~s3.:6oo,ool. .
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landscape ArcMecture
Ptanning
Environmental ConsuUing
GraphIC Design
1934 Commerce Lane
Suite 1
JupU.... Florida 33458
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Uf ATLANTIO BOULEVARD fj
City of Delray Beach
Memo
To: City Commission
From: City Manager ~
cc:
Date: July 14, 2006
Re: Request from Palm Beach County Human Rights Council
Under Public Comments on Nonagenda Items on June 6, 2006, Mr. Rand Hoch, on behalf of
the Palm Beach County Human Rights Council, presented the City with two requests. (1) He
requested that the City amend its equal opportunity policies to add the following protected
classes: familial status, marital status and sexual orientation. (2) He also requested that City
policies be amended to provide family benefits; such as health insurance, dental insurance,
vision insurance, life insurance, long term disability insurance, sick leave, family medical
leave, bereavement leave and employee assistance program benefits; to domestic partners
in the same manner and at the same cost as the City provides to employees who are married
(1) The City's existing administrative policies concerning harassment and affinnative action
include marital status and family status, therefore the only additional protected class being
requested is sexual orientation. The City already has in place various rules to protect
employees from discrimination on any basis unrelated to their ability to perfonn their job. Our
rules of behavior list various offenses as the basis for discipline including, 'Threatening,
intimidating, coercing or interfering with fellow employees or supervision at any time, on or off
duty, including abusive language." Our employee handbook states that, "The City of Delray
Beach prohibits discrimination in any fonn in all aspects of its personnel policies, programs,
practices and operations." The Civil Service Act for the City requires that "appointment,
employment and discharge of persons in all positions in the municipality (shall be) based on
merit, efficiency, character and industry." Our Personnel Policies provide that 'When an
employee . . . believes that he/she has been treated unfairly or otherwise discriminated
against in any non-disciplinary matter, the employee may initiate fonnal action to secure a
review of the grievance. . . ." The ICMA Code of Ethics for City Managers provides that
managers shall, "Handle all matters of personnel on the basis of merit so that faimess and
impartiality govem a member's decisions, pertaining to appointments, pay adjustments,
promotions, and discipline."
In short, I believe the City has ample protection in place for any employee or applicant who
might feel they have suffered discrimination on account of their sexual orientation. If you add
sexual orientation, it could be challenging to determine where to stop. For example, I
understand it is well documented that both obese and short people suffer discrimination at
times.
Adding additional protected classes also makes management more difficult and expensive. It
gives members of the protected class a basis for filing a lawsuit against the City. Most of our
discrimination complaints (not that we have that many) arise when an employee is
\N S,5
disciplined, and they claim the discipline is discriminatory based on their membership in a
protected class. Then management is placed in the position of proving a negative - that the
discipline was not based on the employee's membership in the protected class. The result is
that managers are frequently very reluctant to take needed steps to deal with performance
issues with protected class members. Public sector management of employee performance
is challenging enough without adding additional protected classes.
(2) Extending family benefits to domestic partners and their children on the same basis as
we currently provide for spouses and their children devalues marriage by saying that families
constructed on some other legal basis, other than marriage, are of equal social value. The
following documents show that, despite the well publicized problems of marriages, they are
far more stable and have much lower rates of domestic violence than other living
arrangements. In addition, it is well documented that families with a mother and father in the
home provide the best environment for raising children. Therefore, it is appropriate for
governments to follow policies which reward and encourage marriage as opposed to
domestic partner arrangements.
With regard to the specific issue of providing health insurance benefits to domestic partners, I
am concerned about the potential increased costs from adding this group to our coverage.
We are self insured for our health insurance. It is only administered by CIGNA. Furthermore,
the costs for dependent coverage are paid, .in most instances, by the employee. Thus, any
increase in costs resulting from extending health insurance coverage would not be borne by
an insurance company or even the City, but directly by our employees. The health risks
faced by some potential members of the domestic partner group are discussed in the
attached documentation. While those entities which have added this coverage report little
increase in their claims cost, I suspect it is because so few people have taken advantage of
the coverage. Even if the cost is small, I do not believe it would be right or fair for the City to
force its employees to pay more for their dependant coverage by mandating extension of
coverage to domestic partners.
Going beyond these considerations, I do not see this as a Delray Beach issue. This request
is from an outside agency. Since the newspaper stories on the request we have received
two letters of support form local residents that I am aware of. I don't doubt that more support
letters could be generated. The fact remains, however, that we have not received any
complaints or requests for policy changes from our employees on these issues. I also want
to point out that the Human Rights Council supplied a list of Florida public employers offering
health insurance for domestic partners as of February 15, 2006. This list includes 22
employers. There are over 400 cities in Florida. By the time you add in counties, school
districts, constitutional officers, colleges and special districts, there are probably close to
1,000 public employers in the state. These benefits have only been granted by a small
fraction of public employers in the state.
Palm Beach County has adopted an ordinance setting up a domestic partner registry and
granting certain rights to registered domestic partners. A copy of that ordinance is included in
your backup. I believe that ordinance takes care of the humanitarian issues related to
domestic partner living arrangements.
Recommendation: The City should not make any change in its equal opportunity or family
benefits policies at this time.
. Page 2
charge of any type. Ms. Johnson stated there is no non-residential charge for the teen
center and noted that other cities have these charges. She asked why the citizens' of
Delray Beach can't expect the same type of treatment and protection by our public
officials.
1l.B.4. Rand Hoch. 400 North Flal!ler Drive #1402. West Palm Beach (serves
on the Board of Directors of the Palm Beach County Human Ril!hts Council), stated
the Palm Beach County Human Rights Council has two requests for consideration. He
stated since Palm Beach County's equal employment ordinance prohibits discrimination
on the basis of several protected classes including marital status, familial status, and
sexual orientation, the Palm Beach County Human Rights Council is asking to confirm
the City's non-discrimination policy covering City employees with the County ordinance
by adding sexual orientation, marital status, and familial status. He stated this change
will only cover employees of the City of Delray Beach and will not cover any private
employers. Mr. Hoch stated once the City of Del ray Beach makes this change then a City
employee would first have to exhaust the City's internal resolution policy. The Council
is also requesting the City of Delray Beach to provide all City employees with the same
family benefits regardless of marital status. Last year, the County Commissioners
adopted a domestic partnership ordinance providing registered domestic partners with
some basic family benefits and changes in their policies so that the County employees
with domestic partners could cover their families with the same health insurance
available to married employees. Mr. Hoch stated other public employers offering this
domestic partnership benefits locally include the Palm Beach County School District, the
Sheriffs Office, the Clerk and Comptroller, the Supervisor of Elections, the Property
Appraiser, the Port of Palm Beach and the cities of Lake Worth and West Palm Beach.
Therefore, Mr. Hoch reiterated that the Council is asking that the City of Delray Beach
provide the same family benefits to City employees with domestic partners as are
provided to employees who have been married (benefits include: health insurance, sick
leave, family medical leave, and bereavement leave).
II.B.S. Alice Finst. 707 Place Tavant. Delrav Beach. speakinl! on behalf of the
Board of Prol!ressive Residents of Delrav (P.R.O.D.). suggested that the City
Commission meetings be video taped or filmed. She stated she spoke to the Assistant
City Clerk in Boca Raton who stated that the City of Boca Raton started videoing their
meetings in the 1980's and doing live feed in the 1990's. The programs are fed live into
the City's Channel 20 and into their radio station. The City of Boca Raton broadcasts
live City Commission meetings, Workshops, Planning and Zoning meetings, and Airport
Commission meetings.
Mayor Perlman stated the City's practice is to take the testimony this
evening and have staff get back to them in a couple of weeks. With regard to Mrs.
King's comments about the sewage pipe, Mayor Perlman recommends that staff ask Bob
Hagel, Executive Director of the South Central Regional Wastewater Treatment and
Disposal Board (SCRWTDB) to respond since he would be the most up-to-date with this
issue. Mayor Perlman suggested that Mr. Hoch's issue be placed on a Workshop Agenda
so that the Commission can discuss and take a look at what other municipalities are
- 17 -
06/06/06
The Benefits of Marriage
by: Bridget E. Maher
How Marriage Benefits Children
. Children living with married parents are much safer
than children living with single parents, because they
are less likely to.cbe aborted and less likely to' be abused
or neglected. [1]
. Compared to children in single-parent families, children raised in married-parent
homes have better emotional and physical health[2] and engage in fewer risky
behaviors, such as prem?lrital sex, substance abuse, delinquency, and suicide:[3]
. Children with married parents do better academically and fare better economically.
[4]
. Children raised in intact homes are less likely to cohabit and more likely to view
marriage positively and maintain life-long marriages. [5]
How Marriage Benefits Adults
. Married people have better emotional and physical health and live longer than do
unmarried people.[6]
. Married couples have greater incomes than do single adults, and the longer they
stay married, the more wealth they accumulate.[7]
Married couples enjoy greater sexual satisfaction than do unmarried people.[8]
. Married women are safer than unmarried women. Never-married, cohabiting,
separated, and divorced women experience higher rates of domestic violence than do
married women.[9]
How Marriage Benefits Society
helps ensure that human life is protected and cherished,
since married women are less likely to abort their children than are
unmarried women.[iO]
. Marriage makes homes safer places to live, because it curbs social
problems such as domestic violence and child abuse.[il]
!. Communities with more married-parent families are safer and more
I attractive places to live, because they are less likely to have
i substance abuse and crime among young people. [12]
L......_.............................._......... ............--....--.......-.-.....-........--...--..--..-...-c-.-.................................................................._...................
Marriage is the best antidote to poverty and welfare dependency.
[13]
!
I' Married p~ople are m?~e likel~ to be healthy, productive, and
I engaged citizens, benefiting businesses and, ultimately, the economy.
[14]
END NOTES
~~~~~w.~.'_^,_,~,"_"_~W'~'q"=~~"'.~",_,'^' "."-'W~~'~"'''W^,~~~",,_^~....,,,__._~
1. The Alan Guttmacher Institute, "Trends in Abortion in the United States, 1973-2000," January
2003 and Andrea J. Sedlak and Dinae D. Broadhurst, The Third National Incidence Study of Child
Abuse and Neglect, U.S. Department of Health and Human Services, 1996, xviii, 5-19.
2. Kelly J. Kelleher, et aI., "Increasing Identification of Psychosocial Problems: 1979-1996,"
Pediatrics 105 (June 2000): 1313-1321 and Deborah A. Dawson, "Family Structure and Children's
Health and Well-Being: Data from the 1988 National Health Interview Survey on Child Health,"
Journal of Marriage and the Family 53 (August 1991): 573-584.
3. John S. Sante!1i et aI., "The Association of Sexual Behaviors with Socioeconomic Status, Family
Structure, and Race/Ethnicity Among U.S. Adolescents," American Journal of Public Health 90
(October 2000): 1582-1588; John P. Hoffman and Robert A. Johnson, "A National Portrait of
Family Structure.and Adolescent Drug Use," Journal of Marriage and the Family 60 (August
1998): 633-645;' Patrick J. Darby et aI., "Analysis of 112 Juveniles Who Committed Homicide:
Characteristics and a Closer Look at Family Abuse," Journal of Family Violence 13 (1998):365-
374; Judith Rubenstein et aI., "Suicidal Behavior in Adolescents: Stress and Protection in
Different Family Contexts," American Journal of Orthopsychiatry 68 (1998): 274-284.
4. Elizabeth Thomson et aI., "Family Structure and Child Well-Being: Economic Resources vs.
Parental Behaviors," Social Forces 73 (September 1994): 221-242.
5. Paul R. Amato and Danelle D. DeBoer, "The Transmission of Marital Instability Across
Generations: Relationship Skills or Commitment to Marriage?" Journal of Marriage and Family 63
(November 2001): 1038-1051; Alfred DeMaris and K, Vanlnadha Rao, "Premarital Cohabitation
and Subsequent Marital Stability in the United States: A Reassessment," Journal of Marriage and
the Family 54 (February 1992): 178-190; Katherine Trent and Scott J. South "Sociodemographic
Status, Parental Background, Childhood Family Structure, and Attitudes Toward Family
Formation," Journal of Marriage and the Family 54 (May 1992): 427-439.
6. Nadine F. Marks and James D. Lambert, "Marital Status Continuity and Change Among Young
and Midlife Adults," Journal of Family Issues 19 (November 1998): 652-686 and Catherine E.
Ross et aI., "The Impact of the Family on Health: The Decade In Review," Journal of Marriage and
the Family 52 (November 1990): 1059-1078.
7. U.S. Census Bureau, Statistical Abstract of the United States: 2001, Table No. 666 and Linda
J. Waite and Maggie Gallagher, The Case for Marriage: Why Married People Are Happier,
Healthier, and Better Off Financially (New York: Doubleday, 2000) 97-123.
8. Edward O. Laumann et aI., The Social Organization of Sexuality: Sexual Practices in the United
States (Chicago:University of Chicago Press, 1994) p.364.
9. Sonia Miner Salarl and Bret M, Baldwin, "Verbal, Physical, and Injurious Aggression Among
Intimate Couples Over Time," Journal of Family Issues 23 (May 2002): 523-550 and Bureau of
Justice Statistics, Intimate Partner Violence, National Crime Victimization Survey, May 2000, 4-5,
11.
10. The Alan Guttmacher Institute, "Trends In Abortion in the United States, 1973-2000."
11. Sonia Miner Salari and Bret M. Baldwin, "Verbal, Physical, and Injurious Aggression Among
Intimate Couples Over Time" and Andrea J. Sedlak and Dinae D. Broadhurst, The Third National
Incidence Study of Child Abuse and Neglect.
12. Terrence P. Thornberry et aI., "Family Disruption and Delinquency," Juvenile Justice Bulletin,
Office of Juvenile Justice and Delinquency Prevention, U.S, Department of Justice, September
1999.
13. U.S. Census Bureau, "Historical Poverty Tables," Table 4 and June O'Neill and M. Anne Hill,
"Gaining Ground? Measuring the Impact of Welfare Reform on Welfare and Work," The Manhattan
Institute, Civic Report 17.
14. Corey L.M. Keyes, "The Mental Health Continuum: From Languishing to Flourishing in Life, 1/
Journal of Health and Social Behavior 43 (2002): 207-222 as cited in The Family in America New
Research, October 2002.
IF03J02
Marriage and the Public Good: Ten Principles
It
III. EVIDENCE FROM THE SOCIAL AND BIOLOGICAL SCIENCES
In the last forty years, society has conducted a vast family experiment, and the
outcomes are increasingly coming to light via scientific investigations. While no single
study is definitive, and there is room at the edges for debate about particular consequences of
marriage, the clear preponderance of the evidence shows that intact, married families are
superior-for adults and especially for children-to alternative family arrangements. A great
deal of research now exists from the anthropological, sociological, psychological, and
economic sciences demonstrating the empirical benefits of marriage.
In virtually every known human society, the institution of marriage has served and
continues to serve three important public purposes. First, marriage is the institution through
which societies seek to organize the bearing and rearing of children; it is particularly
important in ensuring that children have the love and support of their father. Second,
marriage provides direction, order, and stability to adult sexual unions and to their economic,
social, and biological consequences. Third, marriage civilizes men, furnishing them with a
sense of purpose, norms, and social status that orient their lives away from vice and toward
virtue.5 Marriage achieves its myriad purposes through both social and biological means that
are not easily replicated by the various alternatives to marriage. When marriage is strong,
children and adults both tend to flourish; when marriage breaks down, every element of
society suffers.
The Well-being of Children
The evidence linking the health of marriage to the welfare of children is clear. During
the last two decades, a large body of social scientific research has emerged indicating that
children do best when reared by their mothers and fathers in a married, intact family. A
recent report by Child Trends, a nonpartisan research organization, summarized the new
scholarly consensus on marriage this way: "[R]esearch clearly demonstrates that family
structure matters for children, and the family structure that helps children the most is a
family headed by two biological parents in a low.conflict marriage.,,6 Other recent reviews of
the literature on marriage and the well.being of children, conducted by the Brookings
Institution, the Woodrow Wilson School of Public and International Affairs at Princeton
University, the Center for Law and Social Policy, and the Institute for American Values,
have all come to similar conclusions,1
Marriage matters for children in myriad ways. We focus here on the educational,
psychological, sexual, and behavioral consequences for children of family structure,
15
It
Marriage and the Public Good: Ten Principles
beginning with education. Children reared in intact, married homes are significantly more
likely to be involved in literacy activities (such as being read to by adults or learning to
recognize letters) as preschool children, and to score higher in reading comprehension as
fourth graders.8 School.aged children are approximately 30 percent less likely to' cut class, be
tardy, or miss school altogether.9 The cumulative effect of family structure on children's
educational performance is most evident in high school graduation rates. Children reared in
intact, married households are about twice as likely to graduate from high school, compared
to children reared in single-parent or step.families. One study found that 37 percent of
children born outside of marriage and 31 percent of children with divorced parents dropped
out of high school, compared to 13 percent of children from intact families headed by a
married mother and father.lo
Marriage also plays a central role in fostering the emotional health of .children.
Children from stable, married families are significantly less likely to suffer from depression,
anxiety, alcohol and drug abuse, and thoughts of suicide compared to children from divorced
homes.ll One recent study of the entire population of Swedish children found that Swedish
boys and girls in two.parent homes were about 50 percent less likely to suffer from suicide
attempts, alcohol and drug abuse, and serious psychiatric illnesses compared to children
reared in single.parent homes.u A survey of the American literature on child well.being
found that family structure was more consequential than poverty in predicting children's
psychological and behavioral outcomes.I3 In general, children who are reared by their own
married mothers and fathers are much more likely to confront the world with a sense of
hope, self.confidence, and self.control than children raised without an intact, married family.
Marriage is also important in connecting children to their biological fathers and
grounding their familial identities. Research by Yale psychiatrist Kyle Pruett suggests that
children conceived by artificial reproductive technologies (ART) and reared without fathers
have an unmet "hunger for an abiding paternal presence"; his research parallels findings from
the literature on divorce and single.parenthood/4 Pruett's work also suggests that children
conceived by ART without known fathers have deep and disturbing questions about their
biological and familial origins. These children do not know their fathers or their paternal kin,
and they dislike living in a kind of biological and paternal limbo. 15 By contrast, children who
are reared by their married biological parents are more likely to have a secure sense of their
own biological origins and familial identity.
Family structure, particularly the presence of a biological father, also plays a key role
in influencing the sexual development, activity, and welfare of young girls. Teenage girls
who grow up with a single mother or a stepfather are significantly more likely to experience
16
Marriage and the Public Good: Ten Principles
II
early menstruation and sexual development, compared to girls reared in homes headed by a
married mother and father.'6 Partly as a consequence, girls reared in single-parent or step-
families are much more likely to experience a teenage pregnancy and to have a child outside
of wedlock than girls who are reared in an intact, married family.'7 One study found that
only 5 percent of girls who grew up in an intact family got pregnant as teenagers, compared
to 10 percent of girls whose fathers left after they turned six, and 35 percent of girls whose
fathers left when they were preschoolers.'s Research also suggests that girls are significantly
more likely to be sexually abused if they are living outside of an intact, married home-in
large part because girls have more contact with unrelated males if their mothers are
unmarried, cohabiting, or residing in a stepfamily.'9
Boys also benefit in unique ways from being reared within stable, married families.
Research consistently finds that boys raised by their own fathers and mothers in an intact,
married family are less likely to get in trouble than boys raised in other family situations.
Boys raised outside of an intact family are more likely to have problems with aggression,
attention deficit disorder, delinquency, and school suspensions, compared to boys raised in
intact married families.zo Some studies suggest that the negative behavioral consequences of
marital breakdown are even more significant for boys than for girls. One study found that
boys reared in single-parent and step-families were more than twice as likely to end up in
prison, compared to boys reared in an intact family.~I Clearly, stable marriage and paternal
role models are crucial for keeping boys from self-destructive and socially destructive
behavior.
Virtually all of the studies cited here control for socioeconomic, demographic, and
even genetic factors that might otherwise distort the relationship between family structure
and child well-being. So, for instance, the link between family breakdown and crime is not
an artifact of poverty among single parents.2Z Moreover, the newest work on divorce follows
adult twins and their children to separate out the unique effects of divorce itself from the
potential role that genetic (and socioeconomic) factors might play in influencing children's
outcomes. This research indicates that divorce has negative consequences for children's
psychological and social welfare even after controlling for the genetic vulnerabilities of the
parents who divorced.~3
Why, then, does the evidence link marriage to an impressive array of positive
outcomes for children? Both social and biological mechanisms seem to account for the value
of an intact marriage in children's lives. From a sociological perspective, marriage allows
families to benefit from shared labor within the household, income streams from two
parents, and the economic resources of two sets of kin.24 A married mom and dad typically
17
11
Marriage and the Public Good: Ten Principles
invest more time, affection, and oversight into parenting than does a single parent; as
importantly, they tend to monitor and improve the parenting of one another, augmenting
one another's strengths, balancing one another's weaknesses, and reducing the risk that a
child will be abused or neglected by an exhausted or angry parent.~5 The trust and
commitment associated with marriage also give a man and a woman a sense that they have a
future together, as well as a future with their children. This horizon of commitment, in turn,
motivates them to invest practically, emotionally, and financially at higher levels in their
children than cohabiting or single parents.z6
Marriage is particularly important in binding fathers to their ch~ldren. For men,
marriage and fatherhood are a package deal. Because the father's role is more discretionary in
our society (and every known human society) than the mother's role, it depends more on the
normative expectations of and social supports provided to fathers by marriage. Marriage
positions men to receive the regular encouragement, direction, and advice of the mother of
his children, and encourages them to pay attention to that input.~7 Not surprisingly,
cohabiting fathers are less practically and emotionally invested in their children than are
married fathers.z8 Nonresidential fathers see their children much less often than do married,
residential fathers, and their involvement is not consistently related to positive outcomes for
children.~9 By contrast, married fathers can exercise an abiding, important, and positive
influence on their children, and are especially likely to do so in a happy marriage.30
Biology also matters. Studies suggest that men and women bring different strengths
to the parenting enterprise, and that the biological relatedness of parents to their children has
important consequences for the young, especially girls. Although there is a good deal of
overlap in the talents that mothers and fathers bring to parenting, the evidence also suggests
that there are crucial sex differences in parenting. Mothers are more sensitive to the cries,
words, and gestures of infants, toddlers, and adolescents, and, partly as a consequence, they
are better at providing physical and emotional nurture to their children.31 These special
capacities of mothers seem to have deep biological underpinnings: during pregnancy and
breastfeeding women experience high levels of the hormone peptide oxytocin, which fosters
affiliative behaviors.3~
Fathers excel when it comes to providing discipline, ensuring safety, and challenging
their children to embrace life's opportunities and confront life's difficulties. The greater
physical size and strength of most fathers, along with the pitch and inflection of their voice
and the directive character of their speaking, give them an advantage when it comes to
discipline, an advantage that is particularly evident with boys, who are more likely to comply
with their fathers' than their mothers' discipline.33 Likewise, fathers are more likely than
18
Marriage and the Public Good: Ten Principles
II
mothers to encourage their children to tackle difficult tasks, endure hardship without
yielding, and seek out novel experiences.34 These paternal strengths also have deep biological
underpinnings: Fathers typically have higher levels of testosterone-a hormone associated
with dominance and assertiveness-than do mothers.35 Although the link between nature,
nurture, and sex-specific parenting talents is undoubtedly complex, one cannot ignore the
overwhelming evidence of sex differences in parenting-differences that marriage builds on
to the advantage of children.
The biological relationship between parents and children also matters to the young.
Studies suggest that biological parents invest more money and time in their offspring than do
stepparents.36 New research by University of Arizona psychologist Bruce Ellis also suggests
that the physical presence of a biological father is important for the sexual development of
girls. Specifically, he thinks that one reason that girls who live apart from their biological
father develop sexually at an earlier age than girls who live with their biological father is that
they are more likely to be exposed to the pheromones-biological chemicals that convey
sexual information between persons-of unrelated males. He also finds that girls who are
exposed to the presence of a mother's boyfriend or a stepfather reach puberty at an earlier age
than girls who are raised by unpartnered single mothers.37 There is clearly more research to
be done in this area, but the data clearly suggest that one reason marriage is so valuable is
that it helps to bind a child's biological parents to the child over the course of her life.
Sara McLanahan and Gary Sandefur, sociologists at Princeton and Wisconsin
respectively, sum up the reasons that marriage matters for children in this way: "If we were
asked to design a system for making sure that children's basic needs were met, we would
probably come up with something quite similar to the two-parent ideal. Such a design, in
theory, would not only ensure that children had access to the time and money of two adults,
it also would provide a system of checks and balances that promoted quality parenting. The
fact that both parents have a biological connection to the child would increase the likelihood
that the parents would identify with the child and be willing to sacrifice for that child, and it
would reduce the likelihood that either parent would abuse the child."38 Over the past few
decades, we have experimented with various alternatives to marriage, and the evidence is
now clear: children raised in married, intact families generally do better in every area of life
than those raised in various alternative family structures. Those who care about the well-
being of children-as every citizen should- should care about the health of modern
marriage.
19
It
Marriage ana the Public Good: Ten Principles
The Well-being of Adults
While the most important benefits of marriage redound to children, marriage also has
significant benefits for the adult men and women who enter into it. Both married men and
women benefit financially, emotionally, physically, and socially from marriage. However,
we must also note that there are often gender differences in the benefits of marriage, and that
the benefits of marriage for women are more sensitive to the quality of marriage than are the
benefits of marriage for men.
The financial advantages of marriage are clear. Married men and women are more
likely to accumulate wealth and to own a home than unmarried adults, even compared to
similarly situated cohabiting or single adults.39 Married men earn between 10 and 40 percent
more money than single men with similar professional and educational backgrounds.40
Married women generally do not experience a marriage premium in their earnings, but this is
because most women combine marriage with motherhood, which tends to depress women's
earnings.41 The material benefits of marriage also extend to women from disadvantaged
backgrounds, who are much less likely to fall into poverty if they get and stay married.~ In
general, marriage allows couples to pool resources and share labor within the household. The
commitment associated with marriage provides couples with a long-term outlook that allows
them to invest together in housing and other long-term assets.43 The norms of adult maturity
associated with marriage encourage adults to spend and save in a more responsible fashion.44
Marriage also promotes the physical and emotional health of men and women.
Married adults have longer lives, less illness, greater happiness, and lower levels of
depression and substance abuse than cohabiting and single adults. Spouses are more likely to
encourage their partners to monitor their health and seek medical help if they are
experiencing an illness.45 The norms of adult maturity and fidelity associated with marriage
encourage men and women to avoid unhealthy or risky behaviors-from promiscuous sex to
heavy alcohol use.46 The increased wealth and economic stability that come from being
married enable married men and women to seek better medical care.47 The emotional support
furnished by most marriages reduces stress, and the stress hormones, that often cause ill
health and mental illness.48 Men are particularly apt to experience marriage-related gains in
their life expectancy and overall health. Women also gain, but their marriage-related health
benefits depend more on the quality of their marriages: women in low-quality marriages are
more likely to experience health problems and psychological distress than single women,
while good marriages give women an important psychological and physical boost.49
Marriage also plays a crucial role in civilizing men. Married men are less likely to
commit a crime, to be sexually promiscuous or unfaithful to a longtime partner, or to drink
20
Marriage and the Public Good: Ten Principles
i1
to excess.5o They also attend church more often, spend more time with kin (and less time
with friends), and work longer hours. 5' One study, for instance, showed that only four
percent of married men had been unfaithful in the past year-compared to 16 percent of
cohabiting men and 37 percent of men in an ongoing sexual relationship with a woman.5z
Longitudinal research by University of Virginia sociologist Steven Nock suggests that these
effects are not an artifact of selection but rather a direct consequence of marriage. Nock
tracked men over time as they transitioned from singlehood to marriage and found that
men's behaviors actually changed in the wake of a marriage: after tying the knot, men
worked harder, attended fewer bars, increased their church attendance, and spent more time
with family members.53 For many men, marriage is a rite of passage that introduces them
fully into an adult world of responsibility and self.control.
But why does marriage play such a crucial role in civilizing men-in making them
harder workers, more faithful mates, and more peaceable citizens? Part of the answer is
sociological. The norms of trust, fidelity, sacrifice, and providership associated with marriage
give men clear directions about how they should act toward their wives and children-norms
that are not clearly applicable to non.marital relationships. A married man also gains status
in the eyes of his wife, her family, their friends, and the larger community when they signal
their intentions and their maturity by marrying. 54 Most men seek to maintain their social
status by abiding by society's norms; a society that honors marriage will produce men who
honor their wives and care for their children.
Biology also matters. Research on men, marriage, and testosterone finds that married
men-especially married men with children-have more modest levels of testosterone than
do single men. (Cohabiting men also have lower levels of testosterone than single men.)
Long-term, stable, procreative relationships moderate men's testosterone levels.55 Judging by
the literature on testosterone, this would-in turn-make men less inclined to aggressive,
promiscuous, and otherwise risky behavior.56
Of course, marriage also matters in unique ways for women. When it comes to
physical safety, married women are much less likely to be victims of violent crimes. For
instance, a 1994 Justice Department report found that single and divorced women were more
than four times more likely to be the victims of a violent crime, compared to married
women.57 Married women are also much less likely to be victimized by a partner than women
in a cohabiting or sexually intimate dating relationship. One study found that 13 percent of
cohabiting couples had arguments that got violent in the past year, compared to 4 percent of
married couples. 58 Studies suggest that one reason women in nonmarital relationships are
more likely to be victin:ized is that these relationships have higher rates of infidelity, and
21
L\1
Marriage and the Public Good: Ten Principles
infidelity invites serious conflict between partners.59 For most women, therefore, marriage is
a safe harbor.
It is not just marital status but the very ideal of marriage that matters. Married
persons who value marriage for its own sake-who oppose cohabitation, who think that
marriage is for life, and who believe that it is best for children to be reared by a father and a
mother as husband and wife-are significantly more likely to experience high~quality
marriages, compared to married persons who are less committed to the institution of
marriage.6o Men and women with a normative commitment to the ideal of marriage are also
more likely to spend time with one another and to sacrifice for their relationship.61 Other
research indicates that such a commitment is particularly consequential for men: that is,
men's devotion to their wife depends more on their normative commitment to the marriage
ideal than does women's devotion to their husbands.6z Simply put, men and women who
marry for life are more likely to experience a happy marriage than men and women who
marry "so long as they both shall love."
What is clear is that marriage improves the lives of those men and women who accept
its obligations, especially those who seek the economic, emotional, and health benefits of
modern life. Perhaps some modern men do not believe they need to be domesticated or do
not wish to be burdened with the duties of child-rearing; and perhaps some modern women
do not believe they need the security that a good marriage uniquely offers or fear that family
life will interfere with their careers. But the data suggest that such desires can sometimes
lead men and women astray, and that those who embrace marriage live happier lives than
those who seek a false freedom in bachelorhood, cohabitation, or divorce.
The Public Consequences of Marital Breakdown
The public consequences of the recent retreat from marriage are substantial. As the
evidence shows, marital breakdown reduces the collective welfare of our children, strains our
justice system, weakens civil society, and increases the size and scope of governmental
power.
The numbers are indeed staggering. Every year in the United States, more than one
million children see their parents divorce and 1.5 million children are born to unmarried
mothers. The collective consequences of this family breakdown have been catastrophic, as
demonstrated by myriad indicators of social well-being. Take child poverty. One recent
Brookings survey indicates that the increase in child poverty in the U.S. since the 1970S is
due almost entirely to declines in the percentage of children reared in married families,
primarily because children in single-parent homes are much less likely to receive much
material support from their fathers.63
22
Marriage and the Public Good: Ten Principles
II
Or take adolescent well~being. Penn State sociologist Paul Amato estimated how
adolescents would fare if our society had the same percentage of two~parent biological
families as it did in 1960. His research indicates that this nation's adolescents would have 1.2
million fewer school suspensions, I million fewer acts of delinquency or violence, 746,587
fewer repeated grades, and 71,413 fewer suicides.64 Similar estimates could be done for the
collective effect of family breakdown on teen pregnancy, depression, and high school dropout
rates. The bottom line is this: children have paid a heavy price for adult failures to get and
stay married.
Public safety and our justice system have also been affected by the retreat from
marriage. Even though crime rates have fallen in recent years, the percentage of the
population in jail has continued to rise-from .9 percent of the population in 1980 to 2.4
percent in 2003, which amounts to more than 2 million men and women.65 Public
expenditures on criminal justice-police, courts, and prisons-rose more than 350 percent in
the last 20 years, from $36 billion in 1982 to $167 billion in 2001.66 Empirical research on family
and crime strongly suggests that crime is driven in part by the breakdown of marriage.
George Akerlof, a Nobel laureate in economics, argues that the crime increase in the 1970S
and 1980s was linked to declines in the marriage rate among young working~class and poor
men.67 Harvard sociologist Robert Sampson concludes from his research on urban crime that
murder and robbery rates are closely linked to family structure. In his words: "Family
structure is one of the strongest, if not the strongest, predictor of variations in urban violence
across cities in the United States.,,68 The close empirical connection between family
breakdown and crime suggests that increased spending on crime~fighting, imprisonment, and
criminal justice in the United States over the last 40 years is largely the direct or indirect
consequence of marital breakdown.
Public spending on social services has also risen dramatically since the 1960s, in large
part because of increases in divorce and illegitimacy. Estimates vary regarding the costs to
the taxpayer of family breakdown, but they clearly run into the many billions of dollars. One
Brookings study found that the retreat from marriage was associated with an increase of $229
billion in welfare expenditures from 1970 to 1996.69 Another study found that local, state, and
federal governments spend $33 billion per year on the direct and indirect costs of divorce-
from family court costs to child support enforcement to T ANF and Medicaid.7O Increases in
divorce also mean that family judges and child support enforcement agencies playa deeply
intrusive role in the lives of adults and children affected by divorce, setting the terms for
custody, child visitation, and child support for more than a million adults and children every
23
at
Marriage and the Public Good: Ten Priru:iples
year. Clearly, when the family fails to govern itself, government steps in to pic,k up the
pieces.
The link between the size and scope of the state and the health of marriage as an
institution is made even more visible by looking at trends outside the United States.
Countries with high rates of illegitimacy and divorce-such as Sweden and Denmark-spend
much more money on welfare expenditures, as a percentage of their GDP, than countries
with relatively low rates of illegitimacy and divorce-such as Spain and ]apan.7I Although
there has been no definitive comparative research on state expenditures and family structure,
and other factors-such as religion and political culture-may confound this relationship, the
correlation between the two is suggestive. Of course, we also suspect that the relationship
between state size and family breakdown runs both ways. For instance, earlier research on
Scandinavian countries by sociologists David Popenoe and Alan Wolfe suggests that
increases in state spending are associated with declines in the strength of marriage and
family.7~ Taken together, the retreat from marriage seems to go hand in hand with more
expensive and more intrusive government; family breakdown goes hand in hand with
growing hardship in disadvantaged communities, making the call for still more government
intervention even more irresistible. It is a pathological spiral, one that only a restoration of
marriage can hope to reverse.
Four Threats to Marriage
Until forty years ago, marriage governed sex, procreation, and childrearing for the
vast majority of adults. In recent years, marriage's hold on these three domains of social life
has weakened, with serious negative consequences for society as a whole. Four
developments-the sad effect of decoupling marriage, sex, procreation, and childbearing-are
especially troubling: divorce, illegitimacy, cohabitation, and same-sex marriage.
Divorce. From 1960 to 2.000, the divorce rate more than doubled in the United States-
from about 2.0 percent to about 45 percent of all first marriages. (Note: the divorce rate has
declined modestly since 1980.) The data suggests that approximately two-thirds of all
divorces involving children break up low-conflict marriages where domestic violence or
emotional abuse is not a factor in the divorce.73 Unfortunately, these children seem to bear
the heaviest burden from the divorce of their parents,14 Children from broken homes are
significantly more likely to divorce as adults, to experience marital problems, to suffer from
mental illness and delinquency, to drop out of high school, to have poor relationships with
one or both parents, and to have difficulty committing themselves to a relationship. 75
Furthermore, in most respects, remarriage is no help to children of divorce. Children who
grow up in stepfamilies experience about the same levels of educational failure, teenage
24
Marriage and the Public Good: Ten Principles
It
pregnancy, and criminal activity as children who remain in a single~parent family after a
divorce.76
Divorce is also associated with poverty, depression, substance abuse, and poor health
among adults.77 More broadly, widespread divorce poisons the larger culture of marriage,
insofar as it sows distrust, insecurity, and a low~commitment mentality among married and
unmarried adults.78 Couples who take a permissive view of divorce are significantly less
likely to invest themselves in their marriages and less likely to be happily married
themselves.79 For all these reasons, divorce threatens marriage, hurts children, and has had
dire consequences for the nation as a whole.
Illegitimacy (non~marital child bearing). From 1960 to 2.003, the percentage of children
born out of wedlock rose from 5 to 35 percent.80 Although growing numbers of children born
out of wedlock are born into cohabiting unions-42. percent according to one recent
estimate-most children born outside of marriage will spend the majority of their childhood
in a single parent home, in part because the vast majority of cohabiting unions-even ones
involving children-end in dissolution.81 The biggest problem with illegitimacy is that it
typically denies children the opportunity to have two parents who are committed daily to
their emotional and material welfare.8:>. As noted above, children raised in single~parent
families without the benefit of a married mother and father are two to three times more
likely to experience serious negative life outcomes such as imprisonment, depression, teenage
pregnancy, and high school failure, compared to children from intact, married families-even
after controlling for socioeconomic factors that might distort the relationship between family
structure and child well~being.83
Nonmarital childbearing also has negative consequences for men and women.
Women who bear children outside of marriage are significantly more likely to experience
poverty, to drop out of high school, and to have difficulty finding a good marriage partner,
even when compared to women from similar socioeconomic backgrounds.84 Men who father
children outside of marriage are significantly more likely to experience educational failure, to
earn less, and to have difficulty finding a good marriage partner, even after controlling for
socioeconomic factors.85 Taken together, the rise of illegitimacy has been disastrous for
children and adults, men and women, individuals and society.
Cohabitation. Since the early 1970s, cohabitation has increased more than nine*fold in
the United States, from 52.3,000 couples in 1970 to five million couples in 2.004.86 Recent
estimates suggest that 40 percent of children will spend some time growing up with one or
both parents in a cohabiting union.87 The growth of cohabitation in the U.S. is an unwelcome
development. Adults in cohabiting unions face higher rates of domestic violence, sexual
2S
It
Marriage and the Public Good: Ten Principles
infidelity, and instability, compared to couples in marital unions.88 Most studies find that
cohabiting couples who go on to marry also face a higher risk of divorce, compared to couples
who marry without cohabiting (although the risk of divorce for couples who only cohabit
after an engagement does not appear to be higher than for married couples who did not
cohabit).89 Cohabiting unions are typically weaker than marriages, and appear more likely to
lead to poor relationship outcomes. Cohabitation does not entail the same level of moral and
legal commitment as marriage; couples often do not agree about the status of their
relationship; and cohabiting couples do not receive as much social support from friends and
family for their relationship as do married couples.90
Cohabiting unions are particularly risky for children. Children reared by cohabiting
couples are more likely to engage in delinquent behavior, to be suspended from school, and to
cheat in school, compared to children reared by a married mother and father.91 Children
cohabiting with an unrelated adult male face dramatically higher risks of sexual or physical
abuse, compared to children in intact, married families. For instance, one Missouri study
found that preschool children living in households with unrelated adults (typically a
mother's boyfriend) were nearly 50 times more likely to be killed than were children living
with both biological parents.92 Children also suffer from the instability associated with
cohabiting unions. Even when children are born into cohabiting households headed by both
their biological parents, they are likely to see one of their parents depart from the
relationship. One recent study found that 50 percent of children born to cohabiting couples
see their parents break up by their fifth year, compared to just 15 percent of children born to a
marital union.93 For all these reasons, cohabiting unions are not a good alternative to
marriage but a threat to marriage, and they surely do not provide a good environment for the
rearing of children.
Same-Sex Marriage. Although the social scientific research on same~sex marriage is
in its infancy, there are a number of reasons to be concerned about the consequences of
redefining marriage to include same-sex relationships. First, no one can definitively say at
this point how children are affected by being reared by same-sex couples. The current
research on children reared by same~sex couples is inconclusive and underdeveloped-we do
not yet have any large, long~term, longitudinal studies that can tell us much about how
children are affected by being raised in a same~sex household.94 Yet the larger empirical
literature on child well-being suggests that the two sexes bring different talents to the
parenting enterprise, and that children benefit from growing up with both their biological
parents. This strongly suggests that children reared by same-sex parents will experience
26
Marriage and the Public Good: Ten Principles
11
greater difficulties with their identity, sexuality, attachments to kin, and marital prospects as
adults, among other things. But until more research is available, the jury is still out.
Yet there remain even deeper concerns about the institutional consequences of same-
sex marriage for marriage itself. Same-sex marriage would further undercut the idea that
procreation is intrinsically connected to marriage. It would undermine the idea that children
need both a mother and a father, further weakening the societal norm that men should take
responsibility for the children they beget. Finally, same-sex marriage would likely corrode
marital norms of sexual fidelity, since gay marriage advocates and gay couples tend to
downplay the importance of sexual fidelity in their definition of marriage. Surveys of men
entering same-sex civil unions in Vermont indicate that 50 percent of them do not value
sexual fidelity, and rates of sexual promiscuity are high among gay men.95 For instance,
Judith Stacey, professor of so~iology at New York University and a leading advocate of gay
marriage, hopes that same-sex marriage will promote a "pluralist expansion of the meaning,
practice, and politics of family life in the United States" where "perhaps some might dare to
question the dyadic limitations of Western marriage and seek some of the benefits of
extended family life through small group marriages...,,96
Our concerns are only reinforced by the legalization of same-sex marriage in Belgium,
Canada, the Netherlands, and Spain-and its legalization in the Commonwealth of
Massachusetts. Same-sex marriage has taken hold in societies or regions with low rates of
marriage and/or fertility.97 For instance, Belgium, Canada, Massachusetts, the Netherlands,
and Spain all have fertility rates well below the replacement level of 2.1 children per
woman.98 These are societies in which child-centered marriage has ceased to be the
organizing principle of adult life. Seen in this light, same-sex marriage is both a consequence
of and further stimulus to the abolition of marriage as the preferred vehicle for ordering sex,
procreation, and childrearing in the West. While there are surely many unknowns, what we
do know suggests that embracing same-sex marriage would further weaken marriage itself at
the very moment when it needs to be most strengthened.
27
Marriage and the Public Good: Ten Principles
it
NOTES
1 Steven L. Node. 2005. "Marriage as a Public Issue." The Future of ChildrenI5: 13~32.
· W. Bradford Wilcox et al. 2005. Why Marriage Matters, Second Edition: Twenty~Six Conclusions from the Social
Sciences. New York: Institute for American Values. Lorraine Blackman, Obie Clayton, Norval Glenn, Linda
Malone-Colon, and Alex Roberts. 2005. The Consequences of Marriage for African Americans: A Comprehensive
Literature Review. New York: Institute for American Values.
3 David Popenoe. 1988. Disturbing the Nest: Family Change and Decline in Modern Societies. Aldine de Gruyter.
Alan Wolfe. 1989. Whose Keeper? Social Science and Moral Oblii!ation. Berkeley: University of California Press.
<I http://www.law2.byu.edu/marria~e family/Charles%20Reid.pdf. W. Bradford Wilcox and Steven L. Nock.
2006. "What's Love Got to Do with It? Ideology, Equity, Gender, and Women's Marital Happiness." Social
Forces 84: 1321-1345. Vaughn R.A. Call and Tim B. Heaton. 1997. "Religious Influence on Marital Stability."
Journal for the Scientific Study of Religion 36: 382-392.
S W. Bradford Wilcox et al. 2005.
6 Kristin Anderson Moore, Susan M.Jekielek, and Carol Emig, 2002. "Marriage from a Child's Perspective:
How Does Family Structure Affect Children, and What Can be Done about It?" Research Brief, June 2002.
Washington, DC: Child Trends. p. 6.
7 For summaries from Brookings and Princeton, see Sara McLanahan, Elisabeth Donahue, and Ron Haskins.
2005. "Introducing the Issue." The Future of Children 15: 3-12. For the Center for Law and Social Policy's
statement, see Mary Parke. 2003. Are Married Parents Really Better for Children? Washington, DC: Center for
Law and Social Policy. For the Institute for American Values' statement, see Wilcox et al. 2005.
8 Elizabeth Marquardt. 2005a. Family Structure and Children's Educational Outcomes. New York: Institute for
American Values.
9 Ibid.
10 Sara McLanahan and Gary Sandefur. 1994. Growing Up with a Single Parent. Cambridge: Harvard University
Press.
n Wilcox et al. 2005. Elizabeth Marquardt. 2005b. Between Two Worlds: The Inner Lives of Children of Divorce. New
York: Crown.
.. Gunilla Ringback Weitoft, Anders Hjern, Bengt Haglund, and Mans Rosen. 2003. "Mortality, Severe
Morbidity, and Injury in Children Living with Single Parents in Sweden: A Population-Based Study." The
Lancet 361: 289-295.
13 Sara McLanahan. 1997. "Parent Absence or Poverty: Which Matters More?" In G. Duncan and J. Brooks-
Gunn, Consequences of Growing Up Poor. New York: Russell Sage.
LI Kyle Pruett. 2000. Fatherneed. New York: Broadway. P. 207. See also Marquardt. 2005b and David Popenoe.
1996. Life Without Father. Cambridge: Harvard University Press.
IS Pruett. 2000. Pp. 204-208.
I6 Bruce Ellis. 2002. "Timing of Pubertal Maturation in Girls: An Integrated Life History Approach." Psychology
Bulletin 130: 920-958.
I7 McLanahan and Sandefur. 1994. Bruce Ellis et al. 2003. "Does Father Absence Place Daughters at Special Risk
for Early Sexual Activity and Teenage Pregnancy?" Child Development 74: 801-821.
I8 Ellis et al. 2003.
19 Wilcox et al. 2005.
ao Marquardt. 2005a. Paul Amato. 2005. "The Impact of Family Formation Change on the Cognitive, Social, and
Emotional Well-Being of the Next Generation." The Future of Children 15: 75-96.
as Cynthia Harper and Sara McLanahan. 2004. "Father Absence and Youth Incarceration." Journal of Research on
Adolescence 14: 369-397.
.. Harper and McLanahan. 2004.
'3 Brian D'Onofrio et al. 2006. "A Genetically Informed Study of the Processes Underlying the Association
between Parental Marital Instability and Offspring Adjustment." Developmental Psychology. Forthcoming.
+3
II
Marriage and the Public Good: Ten Principles
Brian D'Onofrio et al. 1.005. "A Genetically Informed Study of Marital Instability and Its Association With
Offspring Psychopathology." Journal of Abnormal Psychology. II4: 570-586.
24 Wilcox et al. 1.005. McLanahan and Sandefur. 1994.
'5 Wilcox et al. 1.005. Popenoe. 1996.
a6 Sandra Hofferth and Kermyt Anderson. 1.003. "Are All Dads Equal? Biology Versus Marriage as a Basis for
Paternal Involvement." Journal of Marriage and Family 65: 1.13-1.31.. Wilcox et al. 1.005.
'7 Ross Parke. 1996. Fatherhood. Cambridge: Harvard University Press. p.IOI.
as Hofferth and Anderson. 1.003.
'9 Valarie King and Holly Heard. 1999. "Nonresident Father Visitation, Parental Conflict, and Mother's
Satisfaction: What's Best for Child Well-Being?" Journal of Marriage and the Family 61: 385-396. Elaine
Sorenson and Chava Zibman.1.ooo. To What Extent Do Children Benefitfrom Child Support? Washington, DC:
The Urban Institute.
30 Paul Amato. 1998. "More Than Money? Men's Contributions to Their Children's Lives." In Alan Booth and
A.C. Crouter, (Eds.), Men in Families: When Do They Get Involved? What Difference Does It Make? Mahwah,
N]: Lawrence Erlbaum Associates. Belsky,]., Youngblade L., Rovine, M., & Volling, B. 1991. Patterns of
Marital Change and Parent-Child Interaction.Journal of Marriage and the Family 53: 487-498. Wilcox et al.
1.005.
3' Eleanor Maccoby. 1998. The Two Sexes: Growing Up Apart, Coming Together. Cambridge: Harvard University.
3' David Geary. 1998. Male, Female: The Evolution of Human Sex Differences. Washington, DC: American
Psychological Association. P. 104.
33 Wade Horn and Tom Sylvester. 1.001.. Father Facts. Gaithersburg, MD: National Fatherhood Initiative. P. 153.
Popenoe. 1996. P. 145. Thomas G. Powers et al.1994. "Compliance and Self-Assertion: Young Children's
Responses to Mothers Versus Fathers." Developmental Psychology 30: 980-989.
34 Pruett. 2.000. Pp. 30-31. Popenoe. 1996. Pp. 144-145.
35 Geary. 1998. P. 141..
)6 Anne Case et al. 1.000. "How Hungry is the Selfish Gene?" Economic Journal IIO: 781-804. Wilcox et al, 1.005.
37 Bruce Ellis. 1.001.. "Of Fathers and Pheromones: Implications of Cohabitation for Daughters' Pubertal
Timing." In A. Booth and A. Crouter (eds.) Just Living Together: Implications of Cohabitation on Families,
Children, and Social Policy. Mahwah, NY: Lawrence Erlbaum Associates.
38 McLanahan and Sandefur. 1994. p. 38, (emphasis supplied).
39 Wilcox et al. 1.005.
40 Wilcox et al. 2.005.
4' Michelle]. Budig and Paula England. 1.001. "The Wage Penalty for Motherhood." American Sociological Review
66: 1.04-2.1.5.
4' Wilcox et al. 2.005.
43 Waite and Gallagher. 1.000.
44 Ibid.
45 Ibid.
46 Ibid.
47 Ibid.
4B Ibid.
49 Wilcox et al. 1.005. Daniel N. Hawkins and Alan Booth. 2.005. "Unhappily Ever After: Effects of Long-Term
Low-Quality Marriages on Well-Being." Social Forces 84: 451-471..
50 George Akerlof et al. Nock. 1998. Linda Waite and Maggie Gallagher. 1.000. The Case for Marriage. New York:
Doubleday.
51 Nock. 1998.
sa Waite and Gallagher. 1.000.
53 Nock. 1998.
54 Nock. 1998.
55 Wilcox et at 1.005.
56 James Dabbs. 1.000. Heroes, Rogues, and Lovers: Testosterone and Behavior. New York: McGraw-Hill.
57 Waite and Gallagher. 1.000. p. 152..
44
Marriage and the Public Good: Ten Principles
II
58 Waite and Gallagher. P. 155.
59 Ibid.
60 Wilcox and Nock. 2006.
6. Ibid. Paul Amato and Stacy Rogers. 1999. "Do Attitudes Toward Divorce Affect Marital Quality?"Journal of
Family Issues 20: 69-86.
6. Scott Stanley et al. ~004. "Maybe I do: Interpersonal commitment and premarital or nonmarital cohabitation." Journal of
Family Issues ~5: 496-519. Wilcox et al. 2005.
63 Adam Thomas and Isabel Sawhill. 2005. "For Love and Money? The Impact of Family Structure on Family
Income." The Future of Children 15: 57-74.
6~ Amato. 2005. p. 89.
65 Charles Murray. 2005. "The Hallmark of the Underclass." Wall StreetJournal Sept. 29: A18.
66 http://www.oip.usdoi.t):ov/bis/glance/tables/exptyptab.htm
67George A. Akerlof. 1998. "Men Without Children." The EconomicJournal108: 287-309.
68 Robert]. Sampson. 1995. "Unemployment and Imbalanced Sex Ratios: Race Specific Consequences for
Family Structure and Crime." In M.B. Tucker and C. Mitchell-Kernan (eds.). The Decline in Marriage among
African Americans. New York: Russell Sage. P. 249.
69 Isabel V. Sawhill. 1999. "Families at Risk." In H. Aaron and R. Reischauer, Setting National Priopities: the 2000
Election and Beyond. Washington: Brookings Institution.
70 David Schramm. 2003. Preliminary Estimates of the Economic Consequences of Divorce. Utah State Univer~ity.
7' For family trends, see Timothy M. Smeeding, Daniel P. Moynihan, and Lee Rainwater. 2004. "The Challenge
of Family System Changes for Research and Policy." In D.P. Moynihan, T. M. Smeding, and L. Rainwater
(eds.), The Future of the Family. New York: Russell Sage. For information on state spending around the globe,
see http://www .cia.gov / cia/ ~u blica tions/factbook/.
.". Popenoe. 1988. Wolfe. 1989.
73 Paul Amato and Alan Booth. 1997. A Generation at Risk. Cambridge: Harvard University Press.
7~ Ibid.
75 Wilcox et al. 2005. Marquardt. 2005b. Between Two Worlds.
76 Wilcox et al. 2005. Sara McLanahan and Gary ~ndefur. 1994. Erowing Up With a Single Parent: What Hurts,
What Helps. Cambridge: Harvard University Press.
77 Ibid.
78 Norval Glenn. 1996. "Values, Attitudes, and the State of American Marriages." In Promises to Keep, edited by
D. Popenoe,]. Elshtain, and D. Blankenhorn. Lanham, MD: Rowman and Littlefield. Frank Furstenberg.
2001. "The Fading Dream: Prospects for Marriage in the Inner City." In Problem of the Century, edited by E.
Anderson and D. Massey. New York: Russell Sage Foundation.
79 Wilcox et al. 2005.
80 David Popenoe and Barbara Dafoe Whitehead. 2005. The State of Our Unions. New Brunswick, N]: National
Marriage Project.
8. Timothy M. Smeeding, Daniel P. Moynihan, and Lee Rainwater. 2004. "The Challenge of Family System
Changes for Research and Policy." In The Future of the Family, edited by D. Moynihan, T. Smeeding, and L.
Rainwater. New York: Russell Sage Foundation. Popenoe and Whitehead. 2005. Wilcox et al. 2005.
8. Wilcox et al. 2005.
83 Wilcox et al. 2005.
l4 Daniel Lichter. Daniel T. Lichter, Deborah Roempke Graefe, and]. Brian Brown. 2003. "Is Marriage a
Panacea? Union Formation Among Economically Disadvantaged Unwed Mothers," Social Problems 50: 60-86.
Daniel T. Lichter, Christie D. Batson, and]. Brian Brown. 2004. "Welfare Reform and Marriage Promotion:
The Marital Expectations and Desires of Single and Cohabiting Mothers." Social Service Review 38: 2-25.
Lawrence L. Wu and Barbara Wolfe. 2001. Out of Wedlock: Causes and Consequences of Non marital Fertility.
New York: Russell Sage Foundation.
85 Steven L. Nock.1998. "The Consequences of Premarital Fatherhood," American Sociological Review, 63: 250-263.
86 Popenoe and Whitehead. 2005.
87 Larry Bumpass and Hsien-Hen Lu. 2000. "Trends in Cohabitation and Implications for Children's Family
Contexts in the U.S.," Population Studies 54: 29-41.
4-5
11
Marriage and the Public Good: Ten Principles
88 Wilcox et al. zoo5.
89 David Popenoe and Barbara Dafoe Whitehead. zooz. Should We Live Together? What Young Adults Need to
Know About Cohabitation Before Marriage: A Comprehensive Review of Recent Research. New Brunswick, NJ:
National Marriage Project.
9<> Popenoe and Whitehead. :zooz. Wilcox et al. Z005.
91 Wilcox et al. zoo5.
9> Patricia G. Schnitzer and Bernard G. Ewigman. Z005. "Child Deaths Resulting from Inflicted Injuries:
Household Risk Factors and Perpetrator Characteristics." Pediatrics II6: 687-693.
9' Wendy Manning, Pamela Smock, Debarum Majumdar. Z004. "The Relative Stability of Cohabiting and
Marital Unions for Children." Population Research and Policy Review Z3: 135-159.
94 Steven Nock. ZOOI. Affidavit to the Ontario Superior Court of Justice regarding Halpern et al. v. Canada.
Charlottesville, V A: University of Virginia Sociology Department. William Meezan and Jonathan Rauch.
Z005. "Gay Marriage, Same-Sex Parenting, and America's Children." Future of Children 15: 97-II5.
95 Esther Rothblum and Sondra Solomon. Z003. Civil Unions in the State of Vermont: A Report on the First Year.
University of Vermont Department of Psychology. David McWhirter and Andrew Mattison. 1984. The Male
Couple. Prentice Hall. Andrew Sullivan. 1995. Virtually Normal. New York: Knopf, first edition.
96 Judith Stacey. 1998. "Gay and Lesbian Families: Queer Like Us." In All Our Families: New Policies for a New
Century, edited by M.A. Mason, A. Skolnick, and S.D. Sugarman. New York: Oxford University Press. Pp.
II7, lz8-IZ9.
97 Council of Europe. Z004. Recent Demographic Developments in Europe. Strasbourg: Council of Europe Publishing.
Daniel P. Moynihan, Timothy M. Smeeding, and Lee Rainwater. zoo4. The Future of the Family. New York:
Russell Sage Press.
98 Council of Europe. Z004. http://www.statcan.ca/Daily/English/o.i07I2Ido.i07Iza.htm.
http:// www.census.gov/population/projections/MethTahI.xIs.
99 Joseph Raz, The Morality of Freedom (Oxford: Clarendon Press, 1986) 16z.
100 http://www .americanvalues.org/ pdfs/ marriagemovement.pdf
101 Adam Carasso and C. Eugene Steuerle. Z005. "The Hefty Penalty on Marriage Facing Many Households with
Children." Future of Children 15: 157-175.
10' Sara McLanahan, Elisabeth Donahue, and Ron Haskins. Z005. "Introducing the Issue." The Future of Children
15: 3-1Z.
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TEN THINGS GAY MEN SHOULD DISCUSS WITH 1
HEALTH CARE PROVIDERS
About GLMA
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Following are the health issues GLMA's healthcare providers have
identified as most commonly of concern for gay men. While not all
of these items apply to everyone, it's wise to be aware of these
issues.
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1. HIV / AIDS, Safe Sex
That men who have sex with men are at an increased risk of HIV
infection is well known, but the effectiveness of safe sex in
reducing the rate of HIV infection is one of the gay community's
great success stories. However, the last few years have seen the
return of many unsafe sex practices. While effective HIV treatments
may be on the horizon, there is no substitute for preventing
infection. Safe sex is proven to reduce the risk of receiving or
transmitting HIV. All health care professionals should be aware of
how to counsel and support maintenance of safe sex practices.
2. Substance Use
Gay men use substances at a higher rate than the general
population, and not just in larger communities such as New York,
San Francisco, and Los Angeles, These include a number of
substances ranging from amyl nitrate ("poppers"), to marijuana,
Ecstasy, and amphetamines. The long-term effects of many of
these substances are unknown; however current wisdom suggests
potentially serious consequences as we age.
3. Depression/Anxiety
Depression and anxiety appear to affect gay men at a higher rate
than in the general population, The likelihood of depression or
anxiety may be greater, and the problem may be more severe for
those men who remain in the closet or who do not have adequate
social supports. Adolescents and young adults may be at
particularly high risk of suicide because of these concerns.
Culturally sensitive mental health services targeted specifically at
gay men may be more effective in the prevention, early detection,
and treatment of these conditions.
4. Hepatitis Immunization
Men who have sex with men are at an increased risk of sexually
transmitted infection with the viruses that cause the serious
condition of the liver known as hepatitis. These infections can be
potentially fatal, and can lead to very serious long-term issues such
as cirrhosis and liver cancer. Fortunately, immunizations are
available to prevent two of the three most serious viruses.
Universal immunization for Hepatitis A Virus and Hepatitis 6 Virus is
recommended for all men who have sex with men. Safe sex is
effective at reducing the risk of viral hepatitis, and is currently the
only means of prevention for the very serious Hepatitis C Virus.
S.STDs
Sexually transmitted diseases (STDs) occur in sexually active gay
men at a high rate. This includes STD infections for which effective
treatment is available (syphilis, gonorrhea, chlamydia, pubiC lice,
and others), and for which no cure is available (HIV, Hepatitis A, 6,
http://www .glma.org/index.cfm ?fuseacti on= Page. view Page& pageID=690
7/1112006
Gay Lesbian Medical Association - Ten Things For Gay Men
Page 2 of3
or C virus, Human Papilloma Virus, etc.), There is absolutely no
doubt that safe sex reduces the risk of sexually transmitted
diseases, and prevention of these infections through safe sex is
key.
6. Prostate, Testicular, and Colon Cancer
Gay men may be at risk for death by prostate, testicular, or colon
cancer. Screening for these cancers occurs at different times across
the life cycle, and access to screening services may be negatively
impacted because of issues and challenges in receiving culturally
sensitive care for gay men. All gay men should undergo these
screenings routinely as recommended for the general population.
7. Alcohol
Although more recent studies have improved our understanding of
alcohol use in the gay community, it is still thought that gay men
have higher rates of alcohol dependence and abuse than straight
men. One drink daily may not adversely affect health, however
alcohol-related illnesses can occur with low levels of consumption.
Culturally sensitive services targeted to gay men are important in
successful prevention and treatment programs.
8. Tobacco
Recent studies seem to support the notion that gay men use
tobacco at much higher rates than straight men, reaching nearly 50
percent in several studies. Tobacco-related health problems include
lung disease and lung cancer, heart disease, high blood pressure,
and a whole host of other serious problems. All gay men should be
screened for and offered culturally sensitive prevention and
cessation programs for tobacco use.
9. Fitness (Diet and Exercise)
Problems with body image are more common among gay men than
their straight counterparts, and gay men are much more likely to
experience an eating disorder such as bulimia or anorexia nervosa,
While regular exercise is very good for cardiovascular health and in
other areas, too much of a good thing can be harmful. The use of
substances such as anabolic steroids and certain supplements can
adversely affect health. At the opposite end of the spectrum,
overweight and obesity are problems that also affect a large subset
of the gay community. This can cause a number of health
problems, including diabetes, high blood pressure, and heart
disease.
10. Anal Papilloma
Of all the sexually transmitted infections gay men are at risk for,
human papilloma virus -which cause anal and genital warts - is
often thought to be little more than an unsightly inconvenience.
However, these infections may playa role in the increased rates of
anal cancers in gay men. Some health professionals now
recommend routine screening with anal Pap Smears, similar to the
test done for women to detect early cancers. Safe sex should be
emphasized. Treatments for HPV do exist, but recurrences of the
warts are very common, and the rate at which the infection can be
spread between partners is very high.
Author: Vincent M, B. Silenzio, MD, MPH, Former Member Board of
Directors, GLMA and Former Co-Editor, Journal of the Gay and
Lesbian Medical Association
Home About GLMA Membership For Patients Newsroom For Providers & Researchers Advocacy Get Involved
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HEALTH RISKS
Even those ~omosexual relationships that are loosely termed "monogamous" do not
necessarily result in healthier behavior. The evidence indicates that homosexual and lesbian
relationships are at far greater risk for contracting life-threatening disease compared with
married couples:
. The journal AIDS reported that men involved in relationsh!ps engaged in anal
intercourse and oral-anal intercourse with greater frequency than did those without a
steady partner.[39] Anal intercourse has been linked with a host of sexually
transmitted diseases, including AIDS.
. The exclusivity'of the relationship did not diminish the incidence of unhealthy sexual
acts, which are commonplace among homosexuals. An English study published in the
same issue of AIDS concurred, finding that most "unsafe" sex acts among
homosexualsoccur in steady relationships. [40]
. A study of steady and casual male homosexual relationships in Amsterdam found
that "steady partners contribute to (HlV) incidence more than casual partners. This
can mainly be explained by the fact that risky behavior with steady partners is much
greater than that with casual partners (30 versus 1.S UAI [unprotected anal
intercourse] acts annually)."[41]
. These findings confirmed an earlier study by the Dutch Department of Health and
Environment, which found that 67 percent of HIV-positive men aged 30 and younger
had been infected by a steady partner. The study concluded: "In recent years, young
gay men have become more likely to contract HIV from a steady sexual partner than
from a casual one."[42]
"Exclusive" lesbian Relationships Also at Risk
The assumption that lesbians involved in exclusive sexual relationships are at reduced risk
for sexual disease is false:
.
. The journal Sexually Transmitted Infections concludes: "The risk behavior profile of
exclusive WSW (women who have sex with women) was similar to all wsw."[43] One
reason for this is because lesbians "were significantly more likely to report past sexual
contact with a homosexual or bisexual man and sexual contact with an IOU
(intravenous drug user) ."[ 44]
Greater Risk for Suicide
Homosexual and lesbian relationships experience a far greater rate of mental health
problems compared to married couples.
. A twins study that examined the relationship between homosexuality and suicide,
published in the Archives of General Psychiatry~ found that homosexuals with same-
sex partners were at greater risk for overall mental health problems and were 6.5
times more likely than their twins to have attempted suicide. The higher rate was not
attributable to mental health or substance abuse disorders.[45]
INTIMATE PARTNER VIOLENCE Lesbian and Homosexual Relationships
Research indicates very high levels of violence in homosexual and lesbian relationships:
. A study in the Journal of Interpersonal Violence examined conflict and violence in
lesbian relationships. The researchers found that 90 percent of the lesbians surveyed
had been recipients of one or more acts of verbal aggression from their intimate
partners during the year prior to this study, with 31 percent reporting one or more
incidents of physical abuse.[46]
. In a survey of 1,099 lesbians, the Journal of Social Service Research found that
slightly more than half of the lesbians reported that they had been abused by a
female lover/partner. The researchers found that "the most frequently indicated forms
of abuse were verbal/emotional/psychological abuse and combined physical-
psychological abuse."[47]
. A study of lesbian couples reported in the Handbook of Family Development and
Intervention "indicates that 54 percent had experienced 10 or more abusive incidents,
74 percent had experienced six or more incidents, 60 percent reported a pattern to
the abuse, and 71 percent said it grew worse over time."[48]
. In their book Men Who Beat the Men Who Love Them: Battered Gay Men and
Domestic Violence, Island and Letellier postulate that "the incidence of domestic
violence among gay men is nearly double that in the heterosexual population."[49]
Gay and lesbian ys. other opposite-sex intimate partner relationships
Surveys conducted by the U.S. Department of Justice confirm that homosexual and lesbian
relationships had a far greater incidence of domestic partner violence than opposite-sex
relationships including cohabitation or marriage.
. The National Violence against Women Survey, sponsored by the National Institute
of Justice, found that "same-sex cohabitants reported significantly more intimate
partner violence than did opposite-sex cohabitants. Thirty-nine percent of the same-
sex cohabitants reported being raped, physically assaulted, and/or stalked by a
marital/cohabitating partner at some time in their lifetimes, compared to 21.7 percent
of the opposite-sex cohabitants. Among men, the comparable figures are 23.1 percent
and 7.4 percent. "[50]
Comparison of Intimate Partner Violence
Against Various Categories
45
40
35
C 30
I)
u 25
a
Q.
20
15
10
5
0
Rape Physical T mal
assault victimized
. Lesbians
III CohabitatinglMarried
Women
. Homosexual Men
o CohabitatinglMarried
Men
Source: "Extent, Nature, and Consequences of Intimate Partner Violence," U.S. Department
of Justice: Office of Justice Programs, 30.
Marriage ys. Other Types of Intimate Partner Relationships
. A Bureau of Justice Statistics (an agency of the U.S. Department of Justice) report
found that married women in traditional families experience the lowest rate of
violence compared with women in other types of relationships.[51] Women who were
not married to their "intimate partner" (i.e., were cohabiting), experienced a rate of
violence four times higher than that of married women (11.3 per thousand vs. 2.6 per
thousand). [52]
35
30
2$ 25
=
- 20
III
~ 15
al
I 10
5
o
Intimate Partner Violence
by Marital status
. Female
III Male
Diwrcedl Separated
Not Married
Married
Source: "Intimate Partner Violence," Bureau of Justice Statistics Special Report, Bureau of
Justice Statistics, January 31, 2002: 4.
Homosexual and Lesbian Couples ys. Married Couples
When homosexual and lesbian relationships are directly compared with married couples, the
difference in the domestic partner violence is pronounced:
Intimate Partner Violence: Homosexual/Lesbian ys.
Married
18
16
14
i 12
10 .;'
c.l
... 8
Gl
Cl. 6
4
2 0.26 0.05
0
Lesbians
Married women
Homosexual'
men
Married men
Sources: "Extent, Nature, and Consequences of Intimate Partner Violence," U.S.~Department
of Justice: Office of Justice Programs: 30; "Intimate Partner Violence," Bureau of Justice
Statistics Special Report: 11.
END NOTES
39. A.P.M. Coxon et aL, "Sex Role Separation in Diaries of Homosexual Men," AIDS (July
1993):877-882.
40. G. J. Hart et aL, "Risk Behaviour, Antl-HIV and Anti-Hepatitis B Core Prevalence In Clinic and
Non-clinic Samples of Gay Men in England, 1991-1992," AIDS (July 1993): 863-869, cited in
"Homosexual Marriage: The Next Demand," Position Analysis paper by Colorado for Family
Values, May 1994.
41. Xlrldou, et aL, 1033.
42. Jon Garbo, "More Young Gay Men are Contracting HIV from Steady Partners," GayHealth
(July 25, 2001).
43. "Sexually Transmitted Infections," 347.
44. Ibid.
45. R. Herrell, et aL, "A Co-Twin Study in Adult Men," Archives of General Psychiatry 56 (1999):
867-874.
46. Lettie L. Lockhart et aL, "Letting out the Secret:Violence in Lesbian Relationships," Journal of
Interpersonal Violence 9 (1994): 469-492.
47. Gwat Yong Lie and Sabrina Gentlewarrier, "Intimate Violence in Lesbian Relationships:
Discussion of Survey Findings and Practice Implications," Journal of Social Service Research 15
(1991): 46.
48. William C. Nichols, et ai, editors, Handbook of Family Development and Intervention (New
York:John Wiley and Sons, Inc., 2000): 393.
49. D. Island and P. Letellier, Men Who Beat the Men Who Love Th~: B~ered Gay Men and
Domestic Violence (New York: Haworth Press, 1991): 14. ~." .
~,
50. "Extent, Nature, and Consequences of Intimate Partner Violence," U.S. Department of
JustIce: Office of Justice Programs (July, 2000): 30.
51. "Intimate Partner Violence," Bureau of Justice Statistics Special Report (U.S. Department of
Justice, May, 2000): 11.
52. Ibid., 4.
Violence in Lesbian and Homosexual Relationships
. A study in the Journal of Interpersonal Violence examined conflict and violence in
lesbian relationships. The researchers found that 90 percent ofthe lesbians surveyed
had been recipients of one or more acts of verbal aggression from their intimate
partners during the year prior to this study, with 31 percent reporting one or more
incidents of physical abuse.[43]
. In a survey of 1,099 lesbians, the Journal of Social Service Research found that
"slightly more than half of the [lesbians] reported that they had been abused by a
female lover/partner. The most frequently indicated forms of abuse were
verbal/emotional/psychological abuse and combined physical-psychological
abuse. "[44]
. In their book _Men Who Beat the Men Who Love Them: Battered Gay Men and
Domestic Violenc.e,D. Island and P~Letelrle-r postulafe-fhaf"tl1e inciden-ce of domestic
violence among gay men is nearly double that in the heterosexual population."[45]
Rate of Intimate Partner Violence within Marriage. A little-reported fact is th~t
homosexual and lesbian relationships are far more violent than are traditional married
households:
. The Bureau of Justice Statistics (U.S. Department of Justice) reports that married
women in traditional families experience the lowest rate of violence compared with
women in other types of relationships.[46]
A report by the Medical Institute for Sexual Health concurred:
It should be noted that most studies of family violence do not
differentiate between married and unmarried partner status. Studies
that do make these distinctions have found that marriage
relationships tend to have the least intimate partner violence when
compared to cohabiting or dating relationships.[47]
High Incidence of Mental Health Problems among Homosexuals and Lesbians. A
national survey of lesbians published in the Journal of Consulting and Clinical Psychology
found that 75 percent of the nearly two-thousand respondents had pursued psychological
counseling of some kind, many for treatment of long-term depression or sadness:
Among the sample as a whole, there was a distressingly high
prevalence of life events and behaviors related to mental health
problems. Thirty-seven percent had been physically abused and 32
percent had been raped or sexually attacked. Nineteen percent had
been involved in incestuous relationships while growing up. Almost
one-third used tobacco on a daily basis and about 30 percent drank
alcohol more than once a week; 6 percent drank daily. One in five
smoked marijuana more than once a month. Twenty-one percent of
the sample had thoughts about suicide sometimes or often and 18
percent had actually tried to kill themselves. . . . More than half had
felt too nervous to accomplish ordinary activities at some time during
the past year and over one-third had been depressed.[48]
Substance Abuse among Lesbians. A study published in Nursing Research found that
lesbians are three times more likely to abuse alcohol and to suffer from other compulsive
behaviors:
Like most problem drinkers, 32 (91 percent) of the participants had abused other drugs as
well as alcohol, and many reported compulsive difficulties with food (34 percent),
codependency (29 percent), sex (11 percent), and money (6 percent). Forty-six percent had
been heavy drinkers with frequent drunkenness. [49]
Greater Risk for Suicide
A study. of twins that examined the relationship between homosexuality and suicide,
published in the Archives of General Psychiatry,found that homosexuals with same-
sex partners were at greater risk for overall mental health problems, and were 6.5
times more likely than their twins to have attempted suicide. The higher rate was not
attributable to mental health or substance abuse disorders.[50]
. Another study published simultaneously in Archives of General Psychiatry followed
1007 individuals from birth. Those classified as gay, lesbian, or bisexual were
significantly more likely to have had mental health problems. Significantly, in his
comments in the same issue of the journal, Df Bailey cautioned against various
speculative explanations of the results, such as the view that "widespread prejudice
against homosexual people causes them to be unhappy or worse, mentally ill."[51]
Reduced Life Span. Another factor contributing to the instability of male homosexual
households, which raises the possibility of major disruption for children raised in such
households, is the s'fgnificantly reduced life expectancy of male homosexuals. A study
published in the International Journal of Epidemiology on the mortality rates of homosexuals
concluded:
In a major Canadian centre, life expectancy at age twentyfor gay and
bisexual men is eight to twenty years less than for all men. If the
same pattern of mortality were to continue, we estimate that nearly
half of gay and bisexual men currently aged twenty years will not
reach their sixty-fifth birthday. Under even the most liberal
assumptions, gay and bisexual men in this urban centre are now
experiencing a life expectancy similar to that experienced by all men
in Canada in the year 1871.[52]
END NOTES
-- . .__._..~.._._._--_._--_._.__._.,--_.__._---_._.-- .----.--..--.-.---.--...-...------
43. Lettie L. Lockhart et aL, "Letting out the Secret: Violence in Lesbian Relationships," Journal
of Interpersonal Violence 9 (1994): 469-492.
44. Gwat Yong Lie and Sabrina Gentlewarrier, "Intimate Violence in Lesbian Relationships:
Discussion of Survey Findings and Practice Implications," Journal of Social Service Research 15
(1991): 41-59.
45. D. Island and P. Letellier, Men Who Beat the Men Who Love Them:Battered Gay Men and
Domestic Violence (New York: Haworth Press, 1991), p. 14.
46. "Violence Between Intimates," Bureau of Justice Statistics Selected Findings, November
1994, p. 2.
47. Health Implications Associated With Homosexuality (Austin: The Medical Institute for Sexual
Health, 1999), p. 79.
48. J. Bradford et aI., "National Lesbian Health Care Survey: Implications for Mental Health
Care," Journal of Consulting and Clinical Psychology 62 (1994): 239, cited in Health Implications
Associated with Homosexuality, p. 81.
49. Joanne Hall, "Lesbians Recovering from Alcoholic Problems: An Ethnographic Study of Health
Care Expectations," Nursing Research 43 (1994): 238-244.
50. R. Herrell et aL, "A Co-twin Study in Adult Men," Archives of General Psychiatry 56 (1999):
867-874.
51. D. Fergusson et aL, "Is Sexual Orientation Related to Mental Health Problems and Suicidality
in Young People?" Archives of General Psychiatry 56 (October 1999).
52. Robert S. Hogg et al., "Modeling the Impact of HIV Disease on Mortality in Gay and Bisexual
Men," International Journal of Epidemiology 26 (1997): 657.
i".~"~'--'
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:' ',' I
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1
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ORDINANCE NO. 2006-002
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA,
PROVIDING FOR FINDINGS AND CONSTRUCTION;
PROVIDING FOR DEFINITIONS; PROVIDING FOR A
DOMESTIC PARTNERSHIP REGISTRY; PROVIDING FOR
REGISTRATION OF DOMESTIC PARTNERSHIP
RELATIONSHIP: PROVIDING FOR TERMINATION OF
DOMESTIC PARTNERSHIP; PROVIDING FOR
ADMINISTRATION OF THE REGISTRY; PROVIDING FOR
RIGHTS OF REGISTERED DOMESTIC PARTNERS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR
RECIPROCITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR REPEAL OF LAWS IN CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCE;
AND PROVIDING FOR AN EFFECnVE DATE.
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WHEREAS, it is the best interest of Palm Beach County to be responsive to the
i: changing needs of society and to treat all persons fairly and equitably; and
.,
WHEREAS, Palm Beach County recOgnizes that long-tenn committed relationships
foster economic stability and emotional and psychological bonds; and
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27
WHEREAS, the Board of County Commissioners of Palm Beach County have
determined that the establishment of a Domestic Partnership Registry will serve the needs
of the many residents of Palm Beach County living in committed Domestic Partnerships.
WHEREAS, the Palm Beach County Fillr Housing/Equal Employment Board and
the Board of County Commissioners wish to memorialize the efforts of Norman Aaron,
formerVice~Chalnnan of the Fair HOUSing/Equal Employment Board and fonner President
ofthe Palm Beach County Human Rights Council, by aCknowledging him in this Ordinance.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY. FLORIDA, that:
SECTION 1:
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(A) The Board of County Commissioners of Palm Beach County, Florida finds that
i there are many individuals who establish and maintain a significant personal, emotional
I
: and economic relationship with another individual. Individuals forming such Domestic
i~ Partnerships often live in a committed relationship. Domestic Partners are often denIed
certain benefits and rights because there is no established system for such relationships
to be registered or recognized.
(8) The provisions of this Ordinance shall be liberally construed to promote the
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public safety, health and general welfare of the residents of Palm Beach County and to
:1 further the general policies and purposes stated herein. However, this Ordinance shan not
I
ORDINANCE NO,
200El
ti1J.~J\~ J;(~' Uf) ~
l ,,~J~.a 'I ...~~
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:, be construed to supercede, alter, affect or contravene any federal, state or County laws
.! or regulations. Nothing in this Ordinance shall be construed as recognizing or treating a
, Registered Domestic Partnership as a marriage.
2
3
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SECTION 2w DEFINITIONS:
'1
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;~ "Domestic relationsh;pn means a familial relationship, intended to be of indefinite
i. duration, between two individuals characterized by mutual caring and the sharing of a
I;
I mutual residence.
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"Competent to contraot"means the two partners are mentally competent to contract.
"Declaration of Domestic Partnershipnmeansa sworn declaration under penalty of
.. perjury, which certifies that said individuals meet the requirements of a Registered
.; Domestic Partnership as provided in Section 4 of this Ordinance..
"Dependent" means a person who resides within the household of a Registered
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Domestic Partnership and is:
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1. a biological, adopted or foster child of a Registered Domestic Partner; or
2. a dependent as defined under IRS regulations; or
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3. a ward of a Registered Domestic Partnership as determined in a guardianship
! or other legal proceeding.
"Domestic Partners" means two adults who are parnes to a valid domestic
I relationship and who meet the requisites for a valid Domestic Partnership relationship as
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established pursuant to Section 4 of this Ordinance.
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"Health Care FacilitY' includes, but Is not limited to, hospitals, convalescent
i facilities, nursing homes, walk-in clinics, doctor's offices, mental health care facilities and
r: other short and long-term facilities located within, or under the jurisdiction of Palm Beach
; County.
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"Jointly Responsiblenmeans each Domestic Partner, mutually agrees to provide for
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j, the other partner's basic food, shelter and common necessities of life while the Domestic
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i Partnership relationship is in effect, but does not require that partners contribute equally
, to said basic food, shelter and common necessities of life.
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"Mutual residence" means that the Domestic Partners share the same residence,
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and oontribute to the cost of maintaining such residence. It is not necessary that the legal
.
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20AblNANCE NO.
900"'~
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,ro.,.,J ; " U
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.i right to possess the place of residence be in both names. Domestic Partners are not
prohibited from owning or renting more than one residence. Temporary relocation of one
!~ Domestic Partner for work, education or military service, does not negate the maintenance
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of a mutual residence provided the Domestic Partner intends to return.
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"Registered Domestic Partnership" means a committed relationship between two
6
persons who consider themselves to be a member of each other's immediate family and
. have registered their partnership in accordance with Section 4 of this Ordinance.
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: SECTION 3. ESTABLISHMENT OF DOMESTIC PARTNeRSHIP REGISTRY:
9
There is hereby created in Palm Beach County, Florida a Domestic Partnership
Registry, which shall be maintained by the Clerk and Comptroller's Office.
" SECTION 4. REGISTRATION OF A DOMESTIC PARTNERSHIP RELATIONSHIP:
:La
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(A) Registration: A valid Domestic. Partnership may be registered by two persons,
" who maintain a residence in Palm Beach County, by recording a Declaration of Domestic
,I Partnership with the Clerk and Comptroller's Office, which declaration shall comply with all
.j requirements for establishing such Domestic Partnership as described herein. Upon
!
:1 payment of any required fees, the Clerk and Comptroller's office shall file the Declaration
': of Domestic Partnership and Issue a certificate reflecting the registration of the Domestic
! Partnership relationship in Palm Beach County.
(B) Declaration: A Declaration of Domestic Partnership shall contain the name and
'. address of each Domestic Partner, the Signature of each partner, and each partner shall
swear or affirm under penalty of perjury that each partner:
(1) Is at least eighteen (18) years old and competent to contract;
(2) Is not married;
(3) Is the sole Domestic Partner of the other person;
(4) Is not related by blood;
(5) Consents to the Domestic Partnership relationship without force, duress
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i' or fraud;
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(6) Agrees to be jointly responsible for each others basic food, shelter,
~ common necessities of life and welfare;
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(7) Has not been a member of another Domestic Partnership for the past
3 ORDINANCE NO.
000.12
A..> . V
rv~ ~n~ 0 ...
VU ~
{-; ::~{.;"r~~l
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, year;
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(8) Shares his or her primary residence with the other;
(9) Considers himself or herself to be a member of the immediate family of
! the other partner.
(C) Documentation: As further evidence of a Domestic Partnership, the following
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;' documents must be presented for review along with the Declaration of Domestic
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I. Partnership:
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(1) To estab~ish mutual residence: At least one (1) of the following: current
; copy of mortgage, lease or deed showing both names or copies of current d river's licenses,
passports, tax returns, or other government Issued photograph identification showing the
: same address for both partners: and
(2) To establish ioint financial resDonsibilitv: At least two (2) of the following:
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" current copy of mortgage document, lease or deed showing both names, copy of statement
from joint bank account, credit cards with the same account number for both partners,
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vehicle title showing common ownership, a beneficiary designation form for a retirement
plan or life insurance policy signed and completed to the effect that one Domestic Partner
is the beneficiary of the other, wills which designate the other as primary beneficiary.
(D) Amendment: Any partner to a Domestic Partnership may file an amendment
to the Domef!!ltic' Partnership certificate Issued by the Clerk and Comptroller to reflect a
: change in his or her legal name.
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SECTION 5. TERMINATION OF DOMESTIC PARTNERSHIP:
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(A) Obliaation to notify clerk and comptrQller: By recording a Declaration of
I Domestic Partnership, each partner agrees to immediately notify the Clerk and
Comptroller's Office, by filing a Declaration of Termination of Domestic Partnership, if t~e
terms of the Registered Domestic Partnership are no longer applicable or one of the
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Domestic Partners wishes to terminate the Domestic Partnership.
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(B) Declaration of Termination. Either Registered Domestic Partner may terminate
a Registered Domestic Partnership by recording a Declaration of Termination with the
Clerk and Comptroller. The person filing the Declaration of Termination shall swear and
affirm, under penalty of perjury, that;
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4 ORDINANCE NO.
~t. e'"":~~ 6r~.~ f>:~
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(1) The Registe,red Domestic Partnership Is to be terminated; and
(2) If the Declaration of Termination is not signed by both Registered
Domestic Partners, then proof of service (copy of declaration and certified or registered
mail receipt) shall be required at the time of recording the termination with the Clerk and
Comptroller's Office.
(C) Effective date of termination. The termination shall become effective on the
date of recording of the Declaration of Termination signed by both Registered Domestic
;,
; Partners, or, if the Declaration of Termination is not signed by both partners, on the date
!' proof of service is filed with the Clerk and Comptroller's Office.
(D) Automatlc termination. A Registered Domestic Partnership shall automatically
terminate in the event that one of the Domestic Partners dies, marries, enters into a civil
I'
!: union or registered Domestic Partnership with someone other than his or her Registered
,
:1 Domestic Partner.
!!
SECTION 6. ADMINISTRA T~ON OF REGISTRY:
(A) The Clerk and Comptroller shall collect a fee for recording and administering the
Declarations of Domestic Partnership in the amount of $50.00. The cost of recording an
amendment or a Declaration of Termination of Domestic Partnership shall be $20.00. The
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'! fees may be adjusted as necessary by resolution of the Soard of County Commissioners.
(8) The Clerk and Comptroller shall collect a fee In the amount the Clerk and
Comptroller has established pursuant to State public records law for certified copies of the
Domestic Partnership documents, other than the original certificate of Domestic
Partnership initially issued by the Clerk and Comptroller to the Domestic Partnership.
(C) The Clerk and Comptroller shall keep a computer record of all Declarations of
Domestic Partnership, amendments and Declarations of Terminations of Domestic
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Partnership.
(D) The Clerk and Comptroller shall identify on the Declaration of Domestic
, Partnership what types of documents were presented for further documentation. It shall
! not be necessary for a copy of such documents to be kept on file.
(E) Upon receipt of a Declaration of Domestic Partnership signed by both Domestic
': Partners and the requisite recording fee, the Clerk and ComptrollershalJ issue a certificate
of Domestic Partnership.
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ORDINANce NOR
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(F) The Clerk and Comptroller shall provide pertinent Domestic Partnership forms
to persons requesting them.
SECTION 7. RIGHTS OF REGISTERED DOMESTIC PARTNERSHIP:
To the extent not superseded by federal, state or County laws or ordinances,
Registered Domestic Partners shall have the following rights:
(A) Health Care Visitation. All Health Care Facilities operating within Palm Beach
County shall allow a Registered Domestic Partner the same visitation rights as a spouse
:i of the patient. If the patient Is a dependent of the Registered Domestic Partnership, all
Health Care Facilities operating within Palm Beach County shall allow a Registered
Domestic Partner the same visitation rights as a parent if the patient is a dependent of a
:: Registered Domestic Partner. A dependent of a Registered Domestic Partner shall have
. the same visitation rights as a patient's child.
(8) Health Care Decisions. If a patient lacks the capacity to make a health care
decision, the patient's Registered Domestic Partner shall have the same authority as a
; spouse to make a health care decision for the incapacitated party to the extent allowed by I
Section 765.401, Florida Statutes. This section pertains to decisions concerning both
physical and mental health.
(C) FunerallBurlal Decisions. ForIdwing the death of a Registered Domestic Partner,
the surviving Domestic Partner shall have the same rights to make decisions and
disposition of the decedent's body as a surviving spouse, unless otherwise provided by
law. The surviving Domestic Partner shan retain these rights notwithstanding the automatic
termination provision of Section Ji.....
(D) Notification of Famllv Members. In any situation providIng for mandatory or
i. permissible notification of family members, including, but not limited to, notification 01 fa m i1y
members In an emergency, or when pennission Is granted to inmates to contact family
members such notification shall include Registerad Domestic Partners.
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(E) Pre-need Guardian Deslanation. Any person who Is registered as a Registered
Domestic Partner pursuant to this Ordinance shall have the same right as any other
individual to be designated as a pre-need guardian pursuant to Section 744.3045, Florida
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Statutes, and to serve in such capacity, unless otherwise provided by law. In the event one
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ORDINANCE NO.
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need guardian designation, the other Registered Domestic Partner shall not be denied
serving as the plenary guardian of his or her Domestic Partner or the partner's property,
under the provisions of Chapter 744, Florida Statutes, based solely upon his or her status
as the Domestic Partner of the Incapacitated partner.
(F) Visitation Riahts at County Correctional and Juvenile Detention Facilities. Any
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:1 shall be entitled to visit his or her Domestic Partner, or other family member of the
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Domestic Partner, who Is an inmate at a County correctional facility or juvenile detention
" facility, upon the same terms and conditions under which visitation Is afforded to spouses,
children or parents of inmates. Visitation rights provided by this Ordinance shall extend to
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" any children ofthe Domestic Partners, and the Domestic Partners of an inmate's parents
or children.
SECTION 8. ENFORCEMENT:
A Registered Domestic Partner may enforce the rights conferred herein by filing a
, private action against a person or entity in any Court of competent jurisdiction for
declaratory relief, injunction relief or both.
seCTION 9. RECIPROCITY:
All rights, privileges and benefits extended to Registered Domestic Partnerships
registered pursuant to this Ordinance shall also be extended to all persons legally
partnered in another jurisdiction.
Sf:CTION 10.. APPLICABILITY:
It is hereby provided that this Ordinance shall constitute a uniform law applicable in
all the unincorporated and in~rporated areas of Palm Beach County, Florida, to the extent
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" permitted by the Florida Constitution, Article VIII, Section I.
SECTION 11. REPEAL OF LAWS IN CONFLICT:
All local laws and ordinances In conflict with any provisions of this Ordinance are
hereby repealed to the extent of such conflict. This provision Is not Intended to repeal or
otherwise effect In any way an ordinance of any municipality In Palm Beach County
creating a Domestic Partnership Registry within the municipality.
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SECTION 12. SEVERABILITY:
If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by the Court to be unconstitutional, inoperative, orvold. such holding shall
not affect the remainder of this Ordinance.
SECTION 13. INCLUSION IJllI THE CODE OF LAWS AND ORDINANCES:
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be renumbered or relettered to accomplish such, and the word "ordinance" may be
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i; changed to "section", "article". or other appropriate word.
I' SECTION 14. EfFECTIVE DATE:
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The provisions of this Ordinance shall become effective upon filing with the
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I Department of State.
APPROVED and ADOPTED by the Board of County Cpmmissioners of Palm Beach
County, Florida, on this the 10th
January
day of
,2006.
Ii SHARON R. BOCK,
'I CLERK & COMPTROLLER
PALM BEACH COU~'''''''''''\''\\\\
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B~. .~~ ;,}i..~~i By: \dV"1~V~
;;Y Deputy C~... L.UAIO~ .....~,j Tony rasJlot I Chairman
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APPROVED AS TO F()R~""AND
LEGAL SUFFICIENCY
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
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EFFECTIVE DATE: Filed with the Department of State on the 17th day of JanuafY
.! 2006.
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OROfNANCE NO.
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