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41-71 ORDINANCE NO. 41-71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25, SEC- TION 25-1, CODE OF ORDINANCES OF THIS CITY PER- TAINING TO TRAFFIC. WHEREAS, it is necessary to update the Traffic Code of the City of Delray Beach, and WHEREAS, the City Council deems it in the best interest of the City to update the Traffic Code by using the new Florida Statutes. NOW, TPIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 25-1, Chapter 25 of the Code of Ordin- ances of the City be amended to read as follows: "Sec. 25-1. FLORIDA UNIFORM TRAFFIC CONTROL LAW ADOPTED--ADDI- TIONAL TRAFFIC REGULATIONS; PENALTY. (a) All of the provisions and requirements of Chapter 316, Florida Statutes 1971, known and cited as the "Florida Uniform Traffic Control Law" in regard to reg- ulation of traffic on highways, are hereby adopted by reference in accordance with the authority granted in Section 186.02, Florida Statutes. (b) The City of Delray Beach, Florida, recognizes every motor vehicle as a dangerous instrumentality. All of the provisions and requirements of Chapters 316, 322 and 860, Florida Statutes, 1971, in regard to the regulation of traffic, whether such provisions apply to the driver of a vehicle within or without a municipality, are hereby adopted as provisions and requirements of the ordinances of the city and shall be applicable to the entire munici- pal territory of this community and shall not be limited in their application to the public streets, roads and high- ways within the corporate limits. (c) Any person, firm or corporation who violates subsection (a) or (b) shall, upon conviction thereof, be punished by the s~m~e penalty as is provided by the laws of the state, but in no case shall such penalty exceed a fine of five hun- dred dollars ($500.00), or an imprisonment for more than ninety (90) days, or both such fine and imprisonment in the discretion of the municipal judge." SECTION 2. This Ordinance is to become effective at 12:01 A.M. on January 1, 1972. PASSED AND ADOPTED in regular session on this second and final reading on this 22nd day of November , 1971. V I C E-M A Y 0 R ATTEST: City Ci~ FIRST READING November 8, 1971. SECOND READING November 22, 1971 DELRAY BEACH NEWS JOURNAL PubJJshed Weekly Delray Beach, P~lm Beach County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared ....~...~...r....~......L..'.......~..O.....°~...?...~. ................. who on oath says that heJlil~e is ...P...~.~,.~,~.~I~I: ..................................... of The Delray Beach News-3ournal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor- ida; that the attached copy of advertisement, being a Il.. 0r. in the matter of in the ...................................................................... Court, was published in said newspaper in the issues of .................. ~..O.X....~!I....b...e...1;......x....]:....~....~..8..,.......]:...9...7.. ~ ................................................................. 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 post 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, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and sub~ribed before me this ...]:...8...~....h ........ day of .N~....v...~.~..r_.~,~.. A.I~ 19.7.1 BONDED THRU FRE~ W. DJ~IEL~;OSST Chapter 25 Sec. 25-1. Flor/da M0del~Traffic--Ordinance adopted--Addi- tional traffic regulations; penalty. (a) Allof the proVisions and requirements of Chapter i86, Florida Statutes 1961, known and cited as the "Florida Model ~Trafflc Ordinances" m regard to regulation of traffic on high- ways, insofar~assuch--provisions are applicable-to the driver 0~-s-~ehicle-in.thecity, except those which by their wording cbuld have no application, are hereby adopted by reference in accordance with the authority granted in Section 186.02, Flor- .ida Statutes. _~/~ (b) The City of Delray Beach, Florida, .recognizes every motor vehicle as a dangerous instrumentality. All of the pro- visions and requirements of Chapters 186,:-31%, 322 and 860, Florida Statutes~ q965~-in regard to the regulation of traffic, whether such provisions apply to the driver of a vehicle with- in or without a municipality, are hereby adopted as provisions and requirements of the ordinances of the city and shall be ap- plicable to the entire municipal territory of this community 'and shall not be limited in their application to the public streets, roads and highways within the corporate limits. (c) Any person, firm or corporation who violates subsec- tion (a) or (b) shall, upon conviction thereof, be punished by the same penalty as is provided by the laws of the state, but in no case shall such penalty exceed a fine of five hundred dollars ($500.00), or an imprisonment for more than ninety (90) days, or both such fine and imprisonment in the discre- tion of the municipal judge. (Ord. No. 0-408, § 1, 8-14-61; Ord, No. 38-66, § 1, 6-13-66) Amendment note--Ord. No. G-408, § 1, which did not zpec/fieally amend the Code, was codified as § 25-1 by the editors. Section 2 of said ordinance, repealing all ordinances in conflict therewith, has been omitted. Ord. No. G-427, enacted February 26, 1962, repealed all sec- tions of Ch. 25 not repealed by Ord. No. G-408 and has also been omitted. Ord. No. 38-66, § 1, adopted June 13, 1966, amended this Code to add §§ 25-3, 25-4, which the editors, in their discretion, have codified as § 25.1(b) and (c) to relate the appl. icability .of the penalty therein Sec. 25-1.1. Reserved.* *Charter reference--General authority of city to regulate traffic, § 7(19). Cross references--Provisions as to traffic violations by persons under 17 years of age, Ch. lgA. Arrest author/fy of police in accident inves- tigations, § 22-14. $ul~p. No. 36 ·, 261 , , ,SECTION CODE o i-' - NANCES OF THIS CITY PERTAINING TO ~ .~ ~ ~mv OF-B~_-LP2~i- 'Df. ALii. WHEREAS, it is necessary to update the.4fi~FCode of the City of Delray Beach, and WI4_~REAS, the City Council dee.ms/it in the best. in- terest of the City to ~pdate the~ Code by using the new ~irc P~v~tl~ Co.ae. ~~-~ _~ .~T -~_ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: .:t5-t oz/ SECTION lo That Section ...I,4--~, Chapter--of the Code of Ordinances of the City be amended to read as follows: "Sec. ~. i. _~_~OPTIOR OP PIRE PREVEI~ ~ is hereby adopted by the the of prescribing regulati( gov- erning .ditions hazardous to li and prop- erty from or explosion, certain code known as the 70 Edition of Prevention Co de the In su ran ce Association, revisions thereof made from time to and except such portions as are deleted, modified, or amended, of code less than three copies have ~ and now are d in the office of the cle: of the city and the are hereby adopted incorporated as fully set out at herein, and from the date on th ~le shall take effect, the provisions shall be controlling within the limits of the city.~' PASSED AND ADOPTED in regular session on this second and final reading on this ~ day of ~ , 1971. ~/' MAYOR ATTE S T: City Clerk First Reading April 12, 1971 Second Reading April 26, 1971