Ord G-238(09-56) ORDINANCE NO. G-238.
AN EMERGENCY ORDINANCE OF THE CITY OF DELRAY BEACH, FLO~IDA,
EXERCISING SAID CITY'S POLICE POWER TO PREVENT INTER-RACIAL
RIOTS WITHIN SAID CITY; DEFINING THE TERMS AS USED HEREIN;
FORBIDDING THE USE OF THE MUhTICIPAL BEACH AND ~UNICIPAL
POOL TO THE NEGRO RACE; PRESCRIBING PENALTIES FOR AllY VI0-
LATIONS; SPECIFYING DURATION OF THE EMERGENCY AND REPEALING
ALL ORDINANCES IN C0~TFLICT HERE$~TH.
~HEREAS, a great deal of unfavorable publicity has resulted to the
City of Delray Beach, ~lorida, because said City has no ordinance or
regu etlon preventing the intermingling of the negro and white races
with n this cormmunity, and
~REAS, as a result of such adverse publicity, large numbers of
negr .es from other com~nunities have come upon the Municipal Beach, and
¥~EREAS, as a result of this invasion of the Municipal Beach by
thcs ~ non-resident negroes, near riots have occurred between members of
the ~egro race and members of the white race, and
YgJEREAS, racial tension has increased in this community to the
poin~ that the life oI' one Co~aissioner of the City of Delray Beach,
Flor [da, has been threatened, and
I~EREAS, the Municipal Beach and the I~lunicipal Pool are located
adjacent to the white residential area and removed from the negro resi-
dent al area, and
~HEREAS, an emergency exists in the City of Delray Beach, Florida
due ~o the fact that no adequate ordinance exists prohibiting the ming-
ling of the negro and white races on the Municipal Beach and in the Mu-
nici ~al Pool, and the Commission of said City deems it necessary' for th~
imme ~iate preservation for public peace, property, he..alth, morals and
safe~y, that this ordinance be passed as an emergency ordinance, and
~ YfHEREAS, the State of Florida has hereto~'ore granted unto the Citl
of ~lray Beach, Florida, ~olice ~owers, which grant appears in the Mu-
nicipal Charter at Section~7 [1~)~ and
¥~EREAS, said State of ~lorid.a has the ~ower and author~-ty to
ega~ such police powers to its m~u~mci~alties by reason of th.~ Consti-
tution of the State o~~ Florida and the~ Constitution of t~e Unmted State~
of A~erica, and in order to ~revent strit'e and inter-racial riots and t¢
pro~ ~te and preserve the health, morals, safety and general welfare of
all ~I' the Citizens oI' Delray Beach, Florida, and
~,~HEREAS, the State oI~ Florida has granted unto Municipal Corpora-
tio~ ~, for the preservation of public peace and morals, for the suppres.
sio~ of riots and disorderly assemblies and for the order and Governmen~
of ~e City and Town, the right to impose such pains, penalties and for-
fei ~res as may be needed to carry the same into effect as provided in
the ?lorida Statutes of 1941 at Section 165.19.
NOW, THEREFORE, by virtue of the police powers granted to said
CitZ as aforesaid, BE IT and IT IS ORDAINED by the City Co~mission of
the Dity of Delray Beach, Florida, as follows:
Section 1. Definitions.
For the purpose of this ordinance:
(a) "Negro" is dei'ined to be any person of the negro race as deI'ined
by the Florida Statutes of 1941, in Section 1.01.
(b) "~lunicipa! Beach" is deI'ined to be that parcel cz' land located in
Palm Beach County, Florida, more particularly described as followl~,
to-wi t:
That ~arcel of land in Section 16, Twp. ~6 South,
Rge. ~3 East, lying between the sidewalk as now
laid out and in use, ~ich sidewal]~ lies along
the East side of Ocean Boulevard and the high wa-
ter mark of the Atlantic Ocean.
- 2 -
(c) "~nicip~ Pool" defined is that certain swim~.~ing pool located
upon the following described ~roperty, as well as all improve-
ments located thereon, said property being described as follows,
to-wit:
Commencing at the Northeast corner of Lot 17
of the subdivision of the East half (E~) of
Section 16, Twp. 46 South, Rge. 43 East, in
Palm Beach Co~ty, Florida, said subdivision
plat being made by Geo. W. Potter and executed
by Sarah G. G!eason, W. H. Gleason and others
and duly recorded in the records of the Clerk
of the Circuit Court in and ~or Palm Beach
County, Florida. From said point of beginning
go West on the South bounday line of Atlantic
Avenue 150 feet; thence go South 50 feet; thence
go East to the East boundary line of said Lot 17,
from thence go Northerly ~ong the East boundary
line of Lot 17 to the point of beginning, and
Lot 17 and the East one-half (El-) of Lot 18 in
Block I of Ocean Park, according to a plat of
Ocean Park now on I'ile in the office of the
Clerk of the Circuit Court in and for Palm Beach
County, Florida.
Section 2.
No member of the negro race shall go upon the Delray Beach Mu-
nicipal Beach or the Delray Beach M~uicipal Pool as said terms
are defined and described herein, during the interim of this e-
mergency m~less said person is an employee of the City of Delray
Beach, Florida, and is directed by proper authority to go upon
said Beach or said Pool in pursuit of their employment.
Section 3.
The emergency as herein defined shall be deemed to exist until
this ordinance is reposed by the City Commission of the City of
Delray Beach, Florida.
Section ~, Enforcement.
(a) It shall be unlawful for any person to fail or refuse to comply
with and abide by any of the provisions of this ordinance.
(b) Any person who shall violate this ordinance, upon conviction
thereof, shall be fined not more than Five Hundred (500) dollars
or imprisoned in the City jail or at hard labor upon the streets
or other public works of the City, not exceeding sixty (60) days
or by both such fine and imprisonment.
Section ~.
Any ordinance of the City of Delray °each, Florida, in confli.
herewith is hereby repe~ed.
Section 6.
This is an emergency ordinance and shall become effective im-
mediately upon its passage.
PASSED M~ID ADOPTED in Special Session this the 2~th day of
May, A.D. 1956.
Affidavit of Pub|icatio.
DELRAY BEACH NEWS
Published Weekly
Delray Beach, Palm Beach County, Florida ~'~ cz~ o~" D~T~,~X'*~ ~Cm i
FLORIDA, EXERCiSm~ SAID CITY'S
POLIc~ POWER ~RE~ENT IN-
TER-~IAL RIOT~IT~IN SAID
STATE OF FLORIDA CITY; ~EFINING THE
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared ~/~_~_ _~x~__' ~~ ~
CONFLICT-~. ]
who on oath says that._~:_is__~C_~- ~--~0, o~ o~ai~.~ ~ vub~[
~tlo5 o~.
~' ~e Olt~Clerk's Offl~ f~. ]
................................................................ of the Delray
Beach News, a weekly newspaper published at aim~loa at a: ~pecial meetl~ld at[
Delray Beach in Palm Beach County, Florida;
· a~$ER~;~.
that the attached copy of advertisement, being a _
...............
..................................... ~ ~ ~ .... ~.~:~": '~ ~ :~ '~
in the matter of ....................... : ..................................
in the ................................................................ Court,
was published in said newspaper in the issues of
.................. ...................................
Affiant further says that the said Delray
Beach News is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and
that the said newspaper has heretofore been con-.,. ,,~'
tinuously published in said Palm Beach County,
Florida, each ]i~igll~Jr-~h-H~i-bi~e-h"~n~ed-as
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 of a~dver-
tisement; and affiant further says that __.~_ '
has neither paid nor promised any person, firm
or corporation any discount, rebate, commission
or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me this ~ !
day of .......... ...................... A.
.................
(SEAL) Notary Public
Nofary P.~lJc. ~fafe of Florida at Large
Mb' Corn,,".dssio~ £'xpires Oct. 24, 2959.