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Ord G-122(07-51) ORDINANCE NO. G- 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DE~RAY BEACH, FDORIDA, PROVIDING THAT ANY STRUCTURE, OBSTRUCTION OF ANY NATURE, OR ANY GROWING BUSH, HEDGE, PLANT 0R TREE WITHIN THE FRONT SET-BACK AREA OF ANY LOT LOCATED IN ANY BUSINESS DISTRICT FRONTING ON ATLANTIC AVENUE OR SIXTH AVENUE IN THE CITY OF DELRAY BEACH, FLORIDA, WHICH CREATES A TRAFFIC HAZARD TO THE PUBLIC, OR TO THE OW~tERS OF IMMEDIATELY ADJACENT PROPERTY THERETO, IS DECLARED TO BE A NUISANCE; PROVIDING A PENALTY AND FURTHER PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION l: That, after the effective ~ate of this Ordinance, any structure, obstruction of any nature, or any growing bush, hedge, plant or tree within the front set-back area af .an~.~ lo~t in any business district on Atlantic Avenue, or Sixth Avenue (U. S. Federal Highway No. 1), in the City of Delray Beach, Florida, ~hich creates a traffic hazard to the public, or to the owner or owners of the property immediately adjacent to the property on which such structure, obstruction of any nature, or any growing bush, hedge, plant or tree is placed, is hereby declared to be a nuisance. SECTION 2: That the above and foregoing provisions are de- clared to be the ~zinimum requirements to minimize traffic hazards in any business district on Atlantic Avenue, or Sixth Avenue (U. S. Federal Highway-No. 1), in the City of Delray Beach. SECTION _3: Any person, firm or corporation violating the pro- visions of this Ordinance by creating or mainta~ing a nuisance shall, upon conviction thereof, be fined not more than Two Hundred ($200.00) Dollars, or imprisonment for not more than thirty (30) days, or shall, in the discretion of the Municipal Judge, be punished by both such fine~ and imprisonment. S~.ECTION .4: Should any section, or part of section of this Ordinance be declare~ to be invalid by a Court of competent Jurisdiction, then such invalidity shall in no way affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED in regular session on second and final reading this 25th day of June, A. D., 1951. Mayor ATTEST: ~ ~' ~XA~ ~ ,, Cl~y-clerk ' ' First Reading - June llth, 1951. Second Reading- June 25th, 1951 Passed and adopted - JUne 25th, 1951. A fidavit of Pub|icatio ' DELRAY BEACH NEWS Published Weekly Delray Beach, Palm Beach Ceunfy, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared .... .. _~[___e_r. _r__i~.t__..H. __i[_~i~ d_ ....................... who on oath says that.___.h._e____is____~I__~.p=pe~ ...... .................................................... of the Delray Beach News, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a ................. l~8ZL]--iCLr-th e ..C-it-y--9--f---~-e--1-~-a-Y B each in the matter of .... .a___n___..o__r.~_in__a___n_.c_e_ .................. in the ............................................................... Court, was published in said newspaper in the issues of ....................................... _Lu___n__~__!_4A_~_5 __[_ ................ 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 Friday and has been entered 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 adver- tisement; and affiant further says that l%e ......... 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 ,l~}i~c~tion in the said newspaper. Sworn to and subscribed before me this_.~_.[__ _~ June .... 5 1 day o~ ................................................. , ,,~. u..v ...... (SEAL) Notary Public Netery P~bllc, State ~f Flmld~ ~ /V~¥ ccmamissio~ expires April 29, ~ by ~nae~il:~rt Suret~ Ce. ef N.