05-72 ORDINANCE NO. 5-72.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 17, "OFFENSES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH
BY AMENDING SECTION 17-2, "ASSAULT A/~D
BATTERY", BY INCLUDING THE WORDING "OR
NEAR ANY DWELLING OR OTHER PRIVATE
BUILDING".
WHEREAS, the City Council of the City of Delray Beach, on
advice of its City Prosecutor, deems it to be in the best interest
of the City to redefine the offense of Assault and Battery;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sec. 1~-2, Assault and Battery, of Chapter
17, Offenses, is hereby amended to read as follows:
"Sec. 17-2. Assault and Battery.
No person shall disturb the public peace by
committing any assault or any assault and battery upon
any person or persons in any street, square or other
public place, or place of general resort within the
city limits, or in or near any dwelling or other
private building, when such assault or assault and
battery therein committed shall tend to disturb any
person or persons residing or being in the vicinity of
such private house or building."
Section 2. The provisions of Sec. 17-1 Code of Ordinances
shall apply to Sec. 17-2 as amended above.
PASSED AND ADOPTED in regular session on this second and
final reading on this 13th day of March , 1972.
ATTEST:
City Clerk
First Reading February 28, 1972.
Second Reading March 13, 1972.
HOLLAND & SMITH
w~ PALM aEACN, FLORIDA 33~O1
WI~IAM M~OITH HOL~NO ~C~AI~ ~CY
I. COU~TN[Y ~MI~H ~. O. lOX 1033
~eb~ua~7 10, 1972
Attorney G. Robert Fellows
Attorney at Law --
610 E. Atlantic Avenue
Delray Beach, Florida
Re: Section 17-2.
Assault and battery.
Dear Bob:
In checking the above section of the City Ordinance,
I found that the same is not broad enough to cover certain
situations. I had one case to come up before the City Court
wherein the problem became apparent to me that the ordinance
was too restrictive to cover the factual situation that was
being tried.
Therefore, I am suggesting to you that the ordinance
be amended in the following particulars. Immediately follow-
ing the word "in" in the fourth line of the ordinance, the
following words should be inserted: "or near." By so doing,
the ordinance will be sufficient to cover any assault and
battery that occurs on the outside of any dwelling or other
private building. Presently, if an assault takes place in
the yard of a dwelling or a private building, then the
ordinance does not cover that situation.
Enclosed you will find a copy of the ordinance as
it should be, amended. I would appreciate it if you will
take immediate action to cure this defect. If you would like
to have further discussion on this matter, please feel free
to give me a ring.
Yours truly,
ICS/brd
Enclosure
AMENDED ORDINANCE
Sec. 17-2. Assault and battery.
No person shall disturb the public peace by committing
any assault or any assault and battery upon any person or persons
in any street, square or other public place, or place of
general resort within the city limits or in or nesr any dwelling
or other private building, when such assault or assault and
battery therein committed shall tend to disturb any person or
persons residinE or being in the vicinity of such private house
or building.
A.L. NEWBOULD I
. Corpo 3tion Counsel
Seattle, Washington ,
NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERI
839 - 17th STREET, N.W.
WASHINGTON, D.C. 20006 [202] 347 - 7996
let VICE PRESIDENT
ROBERT T. ANDERSON
City Attorney
Berkeley, California
2nd VICE PRESIDENT February 18,
1972
MARVIN J. GLINK
Corporation Counsel
Naperville, Illinois
3rd VICE PRESIDENT
KEITH M. STIDD G. Robert Fellows, Esq.
City Attorney City Attorney
Minneapolis, Minnesota
610 East Atlantic Avenue
TREASURER
CONAROB. MATTOX Delray Beach, Florida 33444 ~,
City Attorney
Richmond, Virginia
Dear Mr. Fellows:
GENERAL COUNSEL
CHARLES 5. RHYNE
Washington, D.C. This is to acknowledge receipt of your letter
dated February 15, 1972, together with enclosures.
TRUSTEES: The point raised by Attorney I.C. Smith is
J. LEE RANK, IN
Corporation Counsel well taken. Your suggested amending assault and battery
Sew York, NewYork ordinance will cover the situation adequately.
HERBERT C. HOFFMAN
City Attorney If we can be of any further help don't hesitate
Holt, Missouri
to call upon us.
THOMAS M. O'CONNOR
City Attorney
San Francisco, California Very truly yours,
City Attorney
Milwaukee, Wisconsin
ROGER ARNEBERGH /
City Attorney
Los Angeles, California
WILLIAM A. McCLAIN
City Solicitor AJR: ean
Cincinnati, Ohio
JAMES F. RYAN
Corporation Counsel
Jersey City, New Jersey
N. ALEX BICKLEY
City Attorney
Dallas, Texas
EUGENE N. COLLINS
City Attorney
Chattanooga, Tennessee
HERBERT P. GLEASON
Corporation Counsel
Boston, Massachusetts
PAUL DEVENS
Corporation Counsel
Honolulu, Hawaii
JOHN M. BRECKENRIDGE
City Attorney
Birmingham, Alabama
DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA ~
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared ~/~y L. ¢ooder
who on oath says that hef/[~ is ...~Vll]3-~[.S~'I&I~- ................................... of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being a I~......~.X.~......~..~...~..~....Q.D....~..~..'..7.~ .........
in the matter of .... ..~..~..~...C...~.......2......~......?..~......1....9...7...2.. ................................................................................
in the ...................................................................... Court, was published in said newspaper in the
issues of ..........................................................................................................................................................
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class mail matter at the past office in Delray Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commlnsion or refund
for the purpose of securing this advertisement for publication in the sai~ newspaper.
Sworn to and sul~cribed before me this ...9...~....~. .................................... 19.7.2
MY COMMI$$1O[1 EXPIRES MAR. 19, 1973
BONDED THRU FRED W. DIES[ELHORST