Loading...
01-80 ORDINANCE NO. 1-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING A PENALTY; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; 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 this ordinance, consisting of Chapters 1 to 30, each inclusive, is hereby adopted and enacted as the "City of Delray Beach Code of Ordinances", and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council, prior to September 10, 1979, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose. Section 2. That all Provisions of such Code shall be in full force and effect from and after the first day of April, 1980, and all ordinances of a general and permanent nature of the City of Delray Beach enacted on final passage on or before September 10, 1979, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. It is expressly intended hereby to repeal all those provisions of the former legislative charter of the City, being Special Acts 1949, Chapter 25786, as amended, which were converted to ordinance status by the Home Rule Charter of the City, and which are not continued in force as ordinances by inclusion in such Code. No resolution of the City, not specifically mentioned, is hereby repealed. Section 3. That the repeal provided for in Section 2 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance, or any of the following: (a) Such repeal shall not affect any ordinance or reso- lution promising or guaranteeing the payment of money for the City, or authorizing the issue of any bonds of the City or any evidence of the City's indebtedness~ or any contract or obligations assumed by the City; (b) Such repeal shall not affect the administrative ordi- nances or resolutions of the City Council not in conflict or inconsistent with the provisions of such Code. (c) Such repeal shall not affect any right or franchise or any ordinance dedicating, naming, establishing, locat- ing, relocating, opening, paving, widening, vacating, any specific street or public way in the City; (d) Such repeal shall not affect any budget or appropri- ation ordinance; (e) Such repeal shall not affect any ordinance levying or imposing taxes; (f) Such repeal shall not affect ordinances regulating, restricting or otherwise relating to traffic or park- ing on specific streets or in specific places; (g) Such repeal shall not affect any ordinance estab- lishing and prescribing the street grades of any street in the City; (h) Such repeal shall not affect any ordinance providing for local improvements or making assessments therefor; (i) Such repeal shall not affect any ordinance dedicating or accepting any plat or subdivision in the City; (j) Such repeal shall not affect any ordinance relating to the boundaries of the City; (k) Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordi- nance. Section 4. That any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incor- porated in such Code so that reference to the City of Delray Beach Code of Ordinances shall be understoOd to include such additions and amendments. Section 5. That whenever in such Code any act is prohibited or · is made or declared to be UnlawfUl or an offense, or whenever in such Code the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the viola- tion of such provision of this Code shall be punished by a fine not ex- ceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment in the discretion of the Court. Each day any violation of such Code shall con- tinue shall constitute a separate offense. Section 6. That a copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by her, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may from time to time be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinances of Delray Beach. Section 7. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 5 of this ordinance and Section 1-6 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is pro- vided in another section, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically made inapplicable. Section 8. That it shall be unlawful for any person, firm or corporation in the City to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Delray Beach to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 5 of this ordinance and Section 1-6 of such Code of Ordinances. - 2 - Ord. No. 1-80 Section 9. That all ordinances or parts of ordinances in con- flict herewith are, to the extent of such conflict, hereby repealed. Section 10. That this ordinance shall become effective on the first day of April, 1980. PASSED AND ~OPTED in regular session on second and final reading on this the 28th day of January , 1980. M A Y O~R LEON M. WEEKES ATTEST: City Clerk First Reading January ~4, ~980 Second Reading January 28, 1980 Ord. No. 1-80