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48-74 ORDINANCE NO. 48-74 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 17-28 "STATE FELONIES AND MISDEMEANORS" OF CHAPTER 17 "OFFENSES" OF THE CITY'S CODE OF ORDINANCES TO INCLUDE ALL STATE LAWS ENACTED BY THE 1974 FLORIDA LEGISLATURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAV- ING CLAUSE; PROVIDING A PENALTY CLAUSE. WHEREAS, the City Administration has recommended that Subsection 17-28 be updated to include the laws of 1974 of the State of Florida; and, WHEREAS, the City Council of the City of Delray Beach, Florida has determined that such changes should be made; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the Code of the City of Delray Beach, Florida, as amended, be further amended by amending Section 17-28 "State felonies and misdemeanors" to read as follows: "Sec. 17-28 State felonies and misdemeanors a. It shall be unlawful to commit, within the city, any act which is or shall be recognized by the laws of the state as a misdemeanor, including all legislative acts adopted through and in- cluding the ~ 1974 session of the Florida Legislature, and the com- mission of such acts is hereby forbidden. b. It shall be unlawful to commit, within the city, any act which is or shall be recognized by the laws of the state as a felony, including all legislative acts adopted through and including the ~9~ 1974 session of the Florida Legislature, and the commission of such acts is hereby forbidden. c. Whosoever shall violate the provisions of this section, upon conviction thereof, shall be punished by the same penalty as is therefor provided by the laws of the state, but in no case shall such penalty exceed a fine of five hundred dollars, nor an imprisonment for more than ninety days in the municipal jail, or both such fine and im- prisonment, in the discretion of the municipal judge." SECTION 2. That all ordinances or parts of ordinances in conflict herewith be and the same. are hereby ~repealed. SECTION 3. That should any section or provision of this ordi- nance or any portion thereof, any paragraph, sentence or word be de- clared 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. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of ~eptember , 1974. V I C E-M A Y 0 R ATTEST: First Reading August. 26,. 1974 Second Reading jSeptember 23,_ 1974 -2- Ord. No. 48-74