Ord G-269(27-57) AN ORDINANCE ASSUMING JURISCiTION
OVER THE APPREHENSION, TRIAL, ME_AR-
lNG AND DISPOSITION OF OFFENSES COM-
MITTED BY PERSONS UNDER SEV]~TEEN
YEARS OF AGE IN VIOLATION OF ORDIN-
ANOES RELATING TO REGULATION OF
TRAFFIC AND THE OPERATI(H~ OF MOTOR
VEHIOLES$ PROVIDING FOR OONDITI(~S
UNDER WHICH SUCH OFFENDERS SHOULD BE
HEARD AND ~OR THE IMPOSITI(~ OF PENAL-
TIES IN CONNECTION THEREWITH, INCLUD-
ING THE SUSPENSION OF DRIVER'S LICENSES;
AND PROVIDING FURTHER THAT WHEN IT IS
D~ PROPER TO PLACE ANY SUCH OFFENDER
IN CONFINEMENT, THE CASE SHALL BE TRANS-
FERRED TO TliE JURISDICTI(]N OF THE JU~1~;-
ILE COURT OF PALM BEACH COUNTY, ~'LORIDA,
AND FOR ALL OTHER PURPOSES REASONABLY
INCIDENTAL; AND REPEALING ALL OTHER LAWS
IN CONFLICT ~
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section. 1. That the City of De/may Beach, Florida,
does hereby assume Jurisdiction over the apprehension, trial,
hearing and disposition of offenses committed in violation of
ordinance s of the City of Delray Beach, Florida relating to the
regulation of traffic and the operation of motor vehicles when
such offenses are committed by persons u~der seventeen years of
age, and over which the Juvenile court in Palm Beach County,
Florida h.~s heretofore been clothed with exclusive Jurisdiction,
as authorized by Ohapter 57-577 (House Bill No. 1139), Laws of
Florida, Acts of 1957.
Section. 2e When used in this ordinance, the following
definitions shall apply:
(1) "Juvenile Court" means the Juvenile court of Palm
Beach County, Floridae
(2) "Municipal Court" means the municipal court of
the City of Delray Beach, Floridae
(3) "Child" means any married or l~,~m_~-rried person under
the age of seventeen years, or any person who is charged with a
violation of law occurring prior to the time that person reached
the age of seventeen years~
(4) "Adult" means a person other than a childe
(5) uParent" means the father or mother of a child or
the natural mother but not the natural father of an illegitimate
childe If a child has been legally adopted, the term "parent"
means the adoptive rather than the natural mother or father~
(6) "Legal custodian" means the legal guardian of a
child, or the person who stands_in loco parentis to and has the
custody of a childe
(7) "Violation of law" means violation of any ordinance
of the City of Delray Beach relating to the regulation of traffic
and the operation of motor vehiclese
-1-
(8) "City" means the City of Delta2 Beach, Florida.
(1) Any child taken into custody for a violation of
law shall be released to a parent or legal custodian of the child
upon agreement of the parent or legal custodian to produce the
child in municipal court at such time as the court may direct.
(2) The person taking and retaining a child in custody
shall notify the parents or legal custodians of the child at
the earliest practicable time thereafter. During the time the
child is in custody, he shall not under amy circumstances be
placed in any police or other vehicle which at the same time
contains an adult under arrest, nor in a Jail, police station, or
other place of detention, except on general or special order of
the Judge; providing, however, where the child is involved in the
same offense or transaction wi~h adults, then such child may be
transported in the same vehicle with the adults so involved.
(3) Whenever the person taking and retaining a child in
custody is unable, for any reason, to obtain agreement of the
parent or legal custodian to produce the chil~ in manicipal court
at such time as the court may direct, then and in that event such
person taking and retaining such child in custody shall, without
delay, deliver the child, by the most direct practicable route,
to the Juvenile court of Palm Beach County, Florida, or, if the
Juvenile Judge has so ordered, to a detention home or licensed
child caring institution or county er city Jail, withda3 the
county or district, designated by the Juvenile Judge, and shall
at the earliest practicable time report in writing to the court
the facts by reason of which the child was taken into custody,
as provided im Sec. 39.03 (3), Florida ttatutese
(4) No child taken into custody shall be fingerprinted
or photographed except by special order of the Juvenile court
Judge, and no original nor any copy of any so taken shall be filed
or recorded in any place other than the Juvenile court of Palm
Beach County, Florida.
Section ..~e The Jurisdiction of the municipal court
shall attach to the child and case ~hen the child is taken into
custody for _~_~y violation of law within the scope of this ordin~ucee
Sec. ion 5.
(1) Process and procedure shall be identical as that
followed for violations of law committed by adults, except that
the age of the child shall be alleged therelm. The hearing upon
the charge or charges brought against the chi3d shall be held as
soon as practicable after the same are filed, but reasonable
delay for the purpose of investigation or procuring counsel upon
request of the child or a parent or legal custodian of the child
shall, whenever practicable, be granted.
(2) Hearings shall be conducted in au informal manner
by the municipal Judge, applying the rules of evidence in use in
equity cases in circuit courts, and adjourning the hearing from time
to ttme as necessary. It shall not be necessary to the validity of
any hearing concerning a child that the parents or legal custodians
be present; however, only the child involved in the case, the
parents or legal custodians of the child, their attorneys, and such
other persons as they may request or the m~uicipal Judge may direct,
shall be permitted to be present. Hearings in cases involving more
than one child may be held simultaneously where the several childrem
involved are related to each other or were involved in the same
transaction. The child and the parents or legal custodian of the
child may be examined separately and apart from each other.
-2-
Secti~ 6.
(1) If the m~uicipal Judge shall find that the child
named in the charge or charges filed is not guilty of the viola-
tion of law therein specified, the Judge shall enter au order so
finding and dismissing the case~
(2) If the municipal Judge shall find the child named
in the charge or charges to be guilty of the violation of law
specified therein, then the municipal court shall have the power,
by order, to:
(a) ImDose reasonable fines, costs of court, probation,
and the suspension of any driver's license issued to such child,
and the observance of any other special conditions which the
Judge of such court may legally 1repose u~der the charter and
ordinances of the City. In disposing of any such case, the mu~ici-
pal court may also require any such child to attend the sessions
of any school conducted for the instruction of motor vehicle
drivers ~n Palm Beach County, Floridae
(b) If it should appear necessary or desirable, in the
discretion of the zmmicipal Judge hearing any such case, for any
child to be detained or ordered co. fined for any period of time
in lieu of any other type of penalty or pxumishment, then in that
event such case shall be transferred to the Jurisdiction of the
Juvenile court, which court ~-_y thereafter hear and dispose of
the same ab initio, and such offender shall be forthwith delivered
to the proper officials of such Juvenile court, and a report of the
proceedings had in municipal court be ma_de in writing to the said
Juvenile court. I~ disposing of any such case, the municipal
Judge may exercise the right to suspend the driver's license of
any such child for such ti~e and under such conditions as may be
within the discretion of the Judge hearing and disposing of such
casco
.~e..c.tiom~ ~. Upon adoption of this ordinance, the City
Clerk shall promptly file a trme, correct, amd certified copy
hereof with the Clerk of the Juvenile court of Palm Beach County,
Florida, as evidence that the City has elected to take Jurisdiction
of the specific violations of law herein describede
conflict here~th-~re hereby repealed.
Section .~. This ordinance shall take effect ~ediately
u on becom law',
PASSED AND ADOPTED in Regular Session this ~ day of
August, 1957
· ' ~ Mayor
First Reading,
Second Reading~
PASSED&
/
The ,~ aRamAiC=
Delray Beach Journal jo. c o.
CO~TTED
Pub//s~ed ROLA~N
RELA~G ~ REGULA~N OF
Ph~e 5274 ~ee~}y P.O. Box 532 TRAFFIC ~D ~ OPERATION
OF ~R VEHICLES; PRO~ING
Beach, Palm Beach Count, Florida. FOR ~NDITIONS ~D~ ~ICH
SUCH ~FENDERS ~OULD BE
HE~D ~D FOR THE I~O~
ITION O~ PEN~TI~ ~ CO~
NEC~ON ~ERE~ ~CLU~
lNG ~ SUSP~ON OF
DRIVER'S ~ LICEN~ ~D
PROLOG ~RTH~ ~AT
~r ~S D~Z~V P~OPZ~ To
~ICA~'ON OF ~GAL ~PCA~ ~SUCH O~S~DSR
PUB~CA~'ON m ~ms~T. ~z CASa
FOR ~ O~
Herewith copy of Jegal noHce re: RE~NA~Y ~~;
which f~rsf appeared Jn the JOURNAL ~ ~e Ci~ ~*.
was placed ~ ~t
mee~g bald
Th;s no~ice ;s sche~uJe~ ~o appear ~ ~ Au~st
P. ~ -t ~ch
............ times. ~ be read ~
I{ cny error is nof~ p[~se call us ~OB~T
before file next publication dote. ~ ~
The cosf in this insfance will be.~.~.~
For your information, verificati, on and ',.
correction purposes.
THIS 1S NOT A BILL