18-95 ORDINANCE NO. 18- 9 5
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA AMENDING CHAPTER 10, "GENERAL PROVISIONS", SECTION 10.99,
"GENERAL PENALTY"; CHAPTER 52, "WATER", SUBSECTION 52.99(A); CHAPTER 54,
"SEWERS", SECTION 54.99; CHAPTER 90, 'ABANDONED PROPERTY; JUNKYARDS",
SECTION 90.99; CHAPTER 91, "ANIMALS", SECTION 91.99; CHAPTER 92, "BOATS AND
BOATING", SECTION 92.99; CHAPTER 95, "EMERGENCY MANAGEMENT", SECTION
95.99; CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", SECTION 96.99;
CHAPTER 97, "HEALTH AND SAFETY", SECTION 97.99; CHAPTER 98, "LITTER",
SECTION 98.99; CHAPTER 99, "NOISE CONTROL", SUBSECTION 99.99(A) ; CHAFI~R
100, "NUISANCES", SECTION 100.99; CHAPTER 101, "PARKS, BEACHES AND
RECREATION", SECTION 101.99; CHAPTER 102, "STREETS AND SIDEWALKS",
SECTION 102.99; CHAPTER 110, "OCCUPATIONAL LICENSE GENERALLY", SECTION
110.99; CHAPTER 111, "ADVERTISING", SECTION 111.99; CHAPTER 112, "ALARM
SYSTEMS", SECTION 112.99; CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION
113.99; CHAPTER 115, "AUCTIONS AND AUCTIONEERS", SECTION 115.99; CI-IAF~R
118, "SOLICITORS AND PEDDLERS", SUBSECTION 118.99(A); CHAPTER 119,
"VEHICLES FOR HIRE", SECTION 119.99; CHAPTER 130, "GENERAL PROVISIONS",
SECTION 130.99; CHAPTER 150, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT
LIFTS", SUBSECTION 150.99(A); LAND DEVELOPMENT REGULATION SUBSECTION
1.4.4(A), KNOWN COLLECTIVELY AS PENALTY PROVISIONS, TO PROVIDE A
PENALTY IN CONFORMANCE WITH FLORIDA LAW; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Chapter 94-255 of the Laws of Florida, effective July 1, 1994 provides that a
City may designate the enforcement methods and penalties to be imposed for violation of
ordinances adopted by a municipality which shall include, but not be limited to, the issuance of a
citation, a summons, or a notice to appear in county court, or arrest for violation of municipal
ordinances as provided for in Chapter 901, Florida Statutes; and
WHEREAS, Chapter 94-255 of the Laws of Florida provides that, unless otherwise
specifically authorized and provided for by law, a person convicted of violating a municipal
ordinance may be sentenced to pay a fine, not to exceed five hundred dollars ($500.00), and may
be sentenced to a definite term of imprisonment not to exceed sixty (60) days; and
WHEREAS, the above referenced Chapters and Sections of the Code of Ordinances of the
City of Delray Beach sets forth a five hundred dollar ($500.00) fine and/or imprisonment for a
term not exceeding ninety (90) days; and
WHEREAS, the City Commission of the City of Delray Beach desires to conform its
ordinances to Chapter 94~255 of the Laws of Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
v Section 1. That Chapter 10, "General Provisions", Section 10.99, "General Penalty", of
the Code of Ordinances of the City of Dekay Beach is hereby amended by amending Section
10.99 as follows:
(A) Whenever in this code or in any ordinance of the city any act is prohibited or is
made or declared to be unlawful or an offense, or wheneve~ in this code or any ordinance 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 therefore, the violation of any provision of this code or any ordinance
shall be punished by a fine not exceeding $500 or imprisonment for a term not exceeding sixty
(60) aiaety-(90) days, or by both a fine and imprisonment. Each day a violation of any provision
of this code or of any ordinance shall continue shall constitute a separate offense.
(B) The City adopts all enforcement methods provided by law which include, but are
not limited to, the issuance of a citation, summons, Notice to Appear in County Court, or arrest
for violation of municipal ordinances, as provided for in Chapter 901, Florida Statutes.
(C) In addition to the penalties hereinabove provided, any condition caused or
permitted to exist in violation of any of the provisions of this code or any ordinance shall be
deemed a public nuisance and may be, by the city, abated as provided by law. Each day that a
condition continues shall be regarded as a new and separate offense.
('80 Code, Sec. 1-6)
'~Section 2. That Chapter 52, "Water", Section 52.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by amending Subsection 52.99(A) as
follows:
(A) Any person, firm, or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a fine not
exceeding $500 or imprisonment for a term not exceeding sixty (60) aiaev/-(90) days, or both.
Each day any violation shall continue to exist shall constitute a separate offense.
, .S..ection 3. That Chapter 54, "Sewers", Section 54.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 54.99, and by
enacting a new Section 54.99 to read as follows:
Section 54.99 Penalty.
See Section 10.99, "General Penalty".
Section4. That Chapter 90, "Abandoned Property; Junkyards", Section 90.99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 90.99, and by enacting a new Section 90.99 to read as follows:
Section 90.99 Penalty.
2 Ord. No. 18-95
See Section 10.99, "General Penalty"
Section 5. That Chapter 91, "Animals", Section 91.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 91.99, and by
enacting a new Section 91.99 to read as follows:
Section 91.99 Penalty.
See Section 10.99, "General Penalty"
~ Section 6. That Chapter 92, "Boats and Boating", Section 92.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 92.99,
and by enacting a new Section 92.99 to read as follows:
Section 92.99 Penalty.
See Section 10.99, "General Penalty"
~/Section 7. That Chapter 95, "Emergency Management", Section 95.99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
95.99, and by enacting a new Section 95.99 to read as follows:
Section 95.99 Penalty.
See Section 10.99, "General Penalty"
vi Section 8. That Chapter 96, "Fire Safety and Emergency Services", Section 96.99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 96.99, and be enacting a new Section 96.99 to read as follows:
Section 96.99 Penalty.
See Section 10.99, "General Penalty"
~ Section 9. That Chapter 97, "Health and Safety", Section 97.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 97.99,
and by enacting a new Section 97.99 to read as follows:
Section 97.99 Penalty.
See Section 10.99, "General ?enalty"
3 Ord. No. 18-95
,. Section 10. That Chapter 98, "Litter", Section 98.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 98.99, and by
enacting a new Section 98.99 to read as follows:
Section 98.99 Penalty.
See Section 10.99, "General Penalty".
J Section 11. That Chapter 99, "Noise Comrol", Section 99.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by amending Subsection 99.99(A) as
follows:
(A) Any person, firm or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a fine not
exceeding $500 or imprisonment for a term not exceeding sixty. (60)..,:..~,...~,,~,~,j ~--,-,"°m days, or both.
Each day any violation shall continue to exist shall constitute a separate offense.
~ Section 12. That Chapter 100, "Nuisances", Section 100.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 100.99, and by
enacting a new Section 100.99 to read as follows:
Section 100.99 Penalty.
See Section 10.99, "General Penalty".
/Section 13. That Chapter 101, "Parks, Beaches and Recreation", Section 101.99,
"Penalty", of the Code of Ordinances of the City ofDelray Beach is hereby amended by repealing
Section 101.99, and by enacting a new Section 101.99 to read as follows:
Section 101.99 Penalty.
See Section 10.99, "General Penalty".
,/Section 14. That Chapter 102, "Streets and Sidewalks", Section 102.99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
102.99, and by enacting a new Section 102.99 to read as follows:
Section 102.99 Penalty.
See Section 10.99, "General Penalty".
Section 15. That Chapter 110, "Occupational Licenses Generally", Section 110.99,
"Penalty", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing
Section 110.99, and by enacting a new Section 110.99 to read as follows:
4 Ord. No. 18-95
/ Section 110.99 Penalty.
See Section 10.99, "General Penalty".
Section 16. That Chapter 111, "Advertising", Section 111.99, "Penalty", of the Code of
Ordinances of the City of Delray Beach is hereby amended by repealing Section 111:99, and by
enacting a new Section 111.99 to read as follows:
,/Section 111.99 Penalty.
See Section 10.99, "General Penalty".
,/Section 17. That Chapter 112, "Alarm Systems", Section 112.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 112.99,
and by enacting a new Section 112.99 to read as follows:
Section 112.99 Penalty.
See Section 10.99, "General Penalty".
,/Section 18. That Chapter 113, "Alcoholic Beverages", Section 113.99, "Penalty", of
the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
113.99, and by enacting a new Section 113.99 to read as follows:
Section 113.99 Penalty.
See Section 10.99, "General Penalty".
Section 19. That Chapter 115, "Auctions and Auctioneers", Section 115.99, "Penalty",
of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section
115.99, and by enacting a new Section 115.99 to read as follows:
Section 115.99 Penalty.
See Section 10.99, "General Penalty".
f Section 20. That Chapter 118, "Solicitors and Pexldlers", Section 118.99, "Penalty", of
the Code of Ordinances of the City of Dekay Beach is hereby amended by amending Subsection
118.99(A) as follows:
(A) Any person, firm or corporation who violates any provision of Sections 118.01
through 118.08 shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment
for a term not exceeding sixty (60) ~ days, or both. Each day any violation shall
continue to exist shall constitute a separate offense.
5 Ord. No. 18-95
v/Section 21. That Chapter 119, "Vehicles for Hire", Section 119.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 119.99,
and by enacting a new Section 119.99 to read as follows:
Section 119.99 Penalty.
See Section 10.99, "General Penalty".
,/Section 22. That Chapter 130, "General Provisions", Section 130.99, "Penalty", of the
Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 130.99,
and be enacting a new Section 130.99 to read as follows:
Section 130.99 Penalty.
See Section 10.99, "General Penalty".
v/Section23. That Chapter 150, "Docks, Dolphins, Finger Piers, and Boat Lites",
Section 150.99, "Penalty", of the Code of Ordinances of the City of Delray Beach is hereby
amended by amending Subsection 150.99(A) as follows:
(A) Any person, firm, or corporation who violates any provision of this chapter for
which another penalty is not specifically provided shall, upon conviction, be subject to a fine not
exceeding $500 or imprisonment for a term not exceeding sixty (60) 90 days, or both. Each day
any violation shall continue to exist shall constitute a separate offense.
,.~ Section 24. That Section 1.4.4, "Penalty:", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Subsection
1.4.4(A) as follows:
(A) Violation of the provisions of these Regulations, or failure to comply with any of
its requirements, including violations of conditions and safeguards established in connection with
grants or variances or conditional uses shall constitute a punishable violation. Any person who
violates these Regulations, or fails to comply with any of its requirements, shall upon conviction
thereof, be fined not more than $500 or imprisoned for not more than sixty {60) 90 days, or both,
and shall pay .all costs and expenses involved in the case. Each day such violation continues shall
be considered a separate offense.
Section 25. 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 pan declared to be invalid.
Section 26. That all ordinances or pans of ordinances in conflict herewith by and the
same are hereby repealed.
6 Ord. No. 18-95
Section 27. 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
4th dayof Apr±l ,1995.
ATTEST:
City Clerk ~- ..... P'
First Reading. March 21, 1995
Second Reading April 4, 1995
I~nalty3.ord
7 Ord. No. 18-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /0.~'- MEETING OF APRIL 4, 1995
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 18-95
(PENALTY REVISIONS)
DATE: MARCH 30, 1995
This is the second reading and public hearing for Ordinance No.
18-95 which amends all penalties in the City Code to bring them
into compliance with F.S. Section 162.22 which authorizes fines of
up to $500.00 and/or imprisonment for a term not to exceed sixty
(60) days.
At first reading on March 21, 1995, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 18-95 on second and final
reading.
ref:agmemol8
RECEIVE(..z/'
~AR 1 4 !~5
CITY ATTORNEY'S OFFICE ~00 ~w ,~, ^v~.~. ~.^~ .~^c.. ~.o.,~ ~.~
FACSZ~JL~ 407/2?8-4?$$ ~t~'s Dir~.-t Lh~e: (40?) 243-?09]
DELRAY BEACH
AII.Amedca City MEMORANDUM
1993 TO: David T. H~den, City M~ager
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Penalty Ordinances
Attached is a proposed ordinance amending all of the City's Ordinances concerning
penalties to comply with State law.
Please schedule this for the City Commission Agenda.
Do not hesitate to call if you have any questions.
cc: Susan A. Ruby, City Attorney
Printed on Recycled Paper /~ ' ~ '