37-83 ORDINANCE NO. 37-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE AND
TRASH", ARTICLE II, "LITTER", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW
SECTION 12-54, "DISTRIBUTION OF FREE PUBLICATIONS", TO
PROVIDE FOR THE REGULATION OF DISTRIBUTION OF FREE
PUBLICATIONS THROUGHOUT THE CITY OF DELRAY B~.ACH;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida has .received
numerous and continuous complaints from residents of the City regarding the dis-
tribution of unwanted free publications throughout the Cit.v; and,
WHEREAS, the City Council finds the regulation of the distribution of free
publications within the City as set forth in this ordinance to be necessary and desirable
in promoting the health, safety and welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 12, "Garbage and Trash", Article II, "Litter", of
the Code of Ordinances of the City of Delray Beach, Florida shall be, and the same is,
hereby amended by enacting a new Section 12-54, "Distribution of Free Publications", to
read as follows:
Sec. 12-54. Distribution of Free Publications.
(1) As used in this section:
(a) "Free publication" shall mean any. newspaper, magazine, handbill,
pamphlet, circular or other publication which is made available to the public at no cost,
including but not limited to free copies of newspapers ordinarily delivered to paid
subscribers.
(b) "Distributor" shall mean any person who drops, throws, abandons
or otherwise places copies of any free publication upon privately owned real property,
excluding real property owned by the distributor or the publisher, or upon any public
right-of-way.
(c) "Publisher" shall mean any person who prepares or causes to be
Prepared any newspaper, magazine, handbill, pamphlet, circula, r or other publication for
distribution to the general public.
(d) "Date of request" shall mean either the date upon which a nondis-
tribution request as described in this section is delivered by hand' to the publisher of a
free publication, or if a nondistribution request is delivered by mail, the fifth calendar
day after the nondistribution request is deposited in the mail.
(e) "Adjoining public right-of-way" shall mean that portion of any
public right-of-way lying between the center line of the right-of-way and the front plot
line, and between the side plot lines extended to the center line of the right-of-way,
adjoining any plot of privately owned real property.., the :owner or tenant of which has
delivered a nondistribution request to the publisher of any free publication. For the
purpose of this section, the center line or the center of a median of any improved
street shall be presumed to be the center line of the right-of-way.
(2) Notwithstanding any other provisions of Chapter 12, Article II to the
contrary, copies of any free publication may be placed upon privately owned property
or the adjoining public right-of-way subject to the following conditions:
(a) Any property owner or tenant may file a request, in writing, with
the publisher of the free publication that copies of the free publication not be placed
upon the owner's or tenant's property. The nondistribution request may be for a
specified or an indefinite period Of time, and shall remain valid until revoked. A copy
of the nondistribution request shall be filed with the Chief Code Administrator, together
with proof of the date of delivery of the request to the publisher.
(b) It shall be a violation of this section for a distributor to place a
copy of any free publication on privately owned property or the adjoining public
right-of-way contrary to a nondistribution request at any time after the third calendar
day following the date of request.
(c) It shall be the responsibility of the publisher to give the dis-
tributor or distributors of the free publication notice of any nondistribution request
immediately upon receipt thereof. However, the failure of the publisher to provide
such notice to the distributor(s) shall not relieve said distributor(s) of the requirement
of complying with the nondistribution request after said distributor(s) receive actual
notice of such nondistribution request from the City.
(d) It shall be a violation of this section for a publisher, directly or
through the employment or agency of a distributor, to place a copy of any free publica-
tion on a privately owned 'property or the adjoining public right-of-way contrary to a
nondistribution request at any time after the third calendar day following the date of
request; and it shall be a further violation of this section to fall to timely notify dis-
tributor(s) of nondistribution requests received by that publisher.
(3) This section shall not be construed or applied to be a limitation upon the
right of any person to distribute by hand delivery any free publication upon a public
right-of-way to any person by whom immediate in-hand receipt of the publication is
intended and pursuant to the requirements of Chapter 12, Article II.
Section 2. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 14th day of June , 1983.
ATTEST:
First Reading May 10. 1983
Second Reading. Ju~ie 14~ 1983
2 ORD. NO. 37-83
ORDINANCE NO. 38-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, 'AMENDING' CHAPTER 18, "PENSIONS AND
RETIREMENT" ARTICLE III, "PENSIONS FOR POLICE AND FIRE-
MEN", OF TH~ CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 18-46, "DEFINITIONS",
BY REPEALING SUBSECTION (8), "CONTINUOUS SERVICE", AND
ENACTING A NEW SUBSECTION (8), "CONTINUOUS SERVICE",
CONTAINING PROVISIONS PERMITTING REEMPLOYED MEMBERS TO
BUY BACK PREVIOUS TIME AND SERVICE; PROVIDING FOR CER-
TAIN RETROACTIVE APPLICATION OF SUCH AMENDMENT;
PROVIDING A SAVING CLAUSE; .PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 18-46(8), "CONTINUOUS SERVICE", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby repealed, and a new Section
18-46(8), "CONTINUOUS SERVICE", is hereby enacted to read as follows:
(8) CONTINUOUS SERVICE means uninterrupted service by a
member (expressed as years and completed months) from the
date he last entered employment as an employee until the date
his employment shall be terminated by death, disability, retire-
ment, resignation, or discharge.
Provided, however, the continuous service of any member shall
not be deemed to be interrupted by:
(a) Any authorized leave of absence or vacation, provided
that all members similarly situated in similar circumstances
shall be treated alike pursuant to uniform, nondiscrimina-
tory rules.
(b) Any service, voluntary or involuntary in the armed forces
of the United States, provided the member is legally
entitled to reemployment under the provisions of the
Universal Training and Service Act, and any amendments
thereto, or any law applicable to such reemployment, and
provided further, that said member shall apply for reem-
ployment within three (3) months following termination of
such service. However, provided further, no credit for ~
benefit eligibility or computation purposes under the
system shall be allowed for any such period of leave of
absence or mili~tary service. Nothing of the aforemen-
tioned shall serve to reduce the accrued accredited ser-
vices of the members on the effective date of the plan.
Provided further that continuous service shall also include, for
reemployed members, those years and completed months for
which the reemployed member had withdrawn his contributions
to the fund, where said reemployed member repays into the
fund the contributions he had withdrawn, with interest based
upon the plan's annual total rate of return for the pension
~ funds, as computed by the actuaries and/or the City, for
those years and completed months, within ninety (90) days
after his reemployment date. Such reemployed member may
also repay only a portion of such withdrawn funds with
interest and receive a like credit for continuous service;
however, such repayments, either partial or total shall only be
permitted once within the ninety (90) day limit.
Section 2. That the provisions set forth in this Ordinance regarding permit-
ting reemployed members to buy back previous time and service shall also be made
applicable to and may be exercised by current employees who qualify, for sixty (60)
days subsequent to the effective date of this Ordinance, provided said member repays
into the fund the contributions he had withdrawn, 'with interest computed in accordance
with new Section 18-46(8) to the date such repayment is made.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the vklidity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 14th day of June , 1983.
MAYOR (._) ~
ATTEST:
First Reading May 24, 1983
Second Reading June 14 ~ 1983
2 ORD. NO. 38-83