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G-444(19-62) ORDINANCE NO. G-~4~ AN Ei~ERGENCY ORDINANCE OF THE CITY OF DFLRAY BEACH, FLORIDA, MAKING IT UNLAWFUL FOR ANY PERSON WHILE IN ANY PUBLIC PLACE WITHIN THE CORPORATE LIMITS OF THIS CITY, INDIVIDU_ALLY 0~-~ IN CONCERT WITH OTHERS~ TO DO ANY ACT Oil CREATE ANY CONDITION, ~ICH DOES OR IS CALCULATED TO ENCOURAGE, AID, ABET OR START A RIOT, PUBLIC DISORDER OR DISTURBANCE OF THE PEACE; ALSO PROVID- ING A PF. NALTY FOR THE VIOLATION OF THIS ORD INAN CE. WHEREAS, the City Council of the City of Delray Beach, Florida, deems it necessary for the immediate preservation of the public peace to provide further legislation pertaining to what shall constitute a disturbance of the peace in this City; NOW, THEREFORE, BE IT fRDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. It shall be unlawful for any person while in any public place within the corporate limits of this City, individually or in concert with others, to do any act or create any condition, which does or is calculated to encourage, aid, abet or start a riot, public disorder or disturbance of the peace, and it shall not be necessary to prove that such person was solely responsible for such public disorder, but only that his or her appearance, manner, conduct, attire, condition, status or general demeanor was the motivating factor that resulted in the disturbance of the peace. Any such person who refuses, when commanded by a police officer of the city to leave the aforesaid public place immediately, shall be guilty of an offense for refusal to obey the order or command of a police officer, and deemed to be a rioter or disturber of the peace. Section 2. Any person who shall violate this Ordinance, upon conviction thereof, shall be fined not more than $500.00 or imprisoned in the city Jail not exceeding sixty (60) days, or both such fine and imprisonment. Section 3. In the event any section, paragraph, -1- sentence, clause, phrase or portion of this Ordinance be held un- constitutional, invalid or ineffective, the same shall not repeal, nullify or in any manner affect any other section, paragraph, sentence, clause or Dortion of this Ordinance. Passed and adopted on the 1st day of May, 1962, to be effective immediately. ATTEST: City~ -2- Affidavit of Publication THE DELRAY BEACH NEWS-JOURNAL Published Weekly Delray Beach, Palm Beach ~ounty, Florida . STATE OF FLORIDA COUNTY OF PALM BEACH Before t dersigned au~ori~Tpersonally wh, e~ oath says that ..,~%P-_. is ./..~./.../.~.~........'- News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that thef~attached copy of advertisement, being - , in the ~matter ~.~.' ~ in the ................................................................. Court, was. puJll,is~hed in said newspaper in the issue (s) Affiant further says that the said De ay B ac News-Journal is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been con- tinuously publishedThursdayin said Palm Beach CountY,as Florida, each and has been entered second class mail matter at the post office in Delray Beach, in said Palm Beach County, Flor- ida, for a period of one year next preceding the first publication of the attached copy tisement; and affiant further says that ..................... has neither paid nor promised any person, firm or corporation any disc~, re_bate, commission or refund for the purlY6se o~f securing this adver- tisement for publi-c~ the sai~ne~pgper. Sworn to and subscribed before me this of .... , (SEAL) " fNot aWl~ul~ic t~otary Public, Stat~/o~/io.da al Large ~Y Commission Expires Nov. 6, 1964