Loading...
Ord G-109(16-50) ORDINANCE NO. G-lO9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELHAY BEACH, PALM BEACH COUNTY, FLOHIDA, MAKING IT UNLAWFUL FOR ANY PEHSON WHO IS A MEMBER OF THE COMMUNIST PAHTY, OR ANY OTHER PERSON, GROUP, OR ORGANIZATION AS HEREIN* AFTEH DEFINED IN SECTION 4 OF THIS ORDINANCE, TO ~IN WITHIN THE CORPORATE LIMITS OF THE CITY OF DELRAY BEACH LONGER THAN 48 HOURS WITHOUT HEGISTERING WITH THE POLICE DEPARTMENT; TO HEQUIHE ALL SUCH PERSONS, GROUPS AND ORGANIZATIONS CIRCULATING OH DISTRIBUTING PHINTED OR WRITTEN ~£ATTER TO FULLY ADVERTISE SUCH MAT- TER IN A NEWSPAPER TEN DAYS PRIOR TO SUCH DISTRIBUTION; TO REQUIRE ALL SUCH PERSONS, GROUPS AND ORGANIZATIONS HOLDING MEETINGS TO NOTIFY THE CHIEF OF POLICE OF SAME AT LEAST TEN DAYS PRIOR TO SUCH MEETING; MAKING IT UNLAWFUL FOR ANY PERSON, GHOUP OH OHGANIZXTION TO AD- VANCE AND PROMOTE IDEAS OF FORCE, VIOLENCE, THEACHERY, DECEIT, ESPIONAGE, SABOTAGE, TERRORISM, CREATION OF FEAR, DESTRUCTION OF MORALE AND BY ANY OTHER ACTS DOINGS WHATSOEVER; PROVIDING PENALTIES FOR THE VIOLA- TION OF THIS ORDINANCE; PROVIDING FOR THE SEPAHABILITY OF THE PROVISIONS HEREOF. WH~EAS, it has come to the attention of the City Council of the City of Delray Beach, ~iorida, that the Communist Party, its officers and members, are actively engaged in secret meetings, distribution of literature and other activities that ad- vance and promote ideas and objectives contrary to the best inter- ests of the United States, its people and the citizens of the City °f Delray Bea;~,~;;;idj;RE, BE iT OHi)AiNED By THE CiTY COUNCIL O~ THE CITY OF DELHAY BEACH, PALM BEACH COUNTY, FLOHIDA: Section 1: That it shall be unlawful for any person who is a member of the Communist Party, or any person who is a member of any group or organization as hereinafter defined in Section 4 of this Ordinance, to remain within the corporate limits of the City of Delray Beach without first registering with the Identification Bureau, Police Department of the City of Delray Beach, within forty-eight (48) hours of the effective date of this Ordinance or taking up residence in the City, giving his name, address and occupation, and permitting a photograph to be taken by said Department. Section 2: It shall be unlawful for any person who is a member of the Communist Party, or any person, group, or organization as hereinafter defined in Section 4of this Ordinance, to engage in the circulation or distribution of any printed or written matter of any Communist organization, or of any person, group or organization as hereinafter defined in Section 4of this Ordinance, without first advertising the £ull printed or written matter in a newspaper of this City at least ten (10) days prior to such circulation or distribution. Section 3: It shall be unlawful for any member of the Communist Party, organization, group, af£iliate, or any per- son, group or organization as hereinafter defined in Section 4 of this Ordinance, to hold any meeting within the corporate limits of the City of Delray Beach, Florida without having first notified the Chief of Police of said City of the time and place of such meeting at least ten (10) days prior to such meeting. Section 4: It shall be unlawful for any person, group, or organization to advance or promote ideas or objections contrary to the United States of America by means of force, vio- lence, treachery, deceit, espionage, sabotage, terrorism, creation of fear, destruction or morale and by any other acts or doings what so ever o Section 5: Any person violating the provisions of any section of this Ordinance shall, upon conviction thereof, be fined not more than Five Hundred Dollars (~500), or by imprison- ment at hard labor on the streets or other works of the City of Delray Beach for a term not exceeding sixty (60) days, or by both such fine and imprisonment, in the discretion of the municipal judge. Every violation of, or non-compliance with, any of the provisions of any section of this Ordinance shall be and consti- tute a separate offonse, and shall subject every person guilty thereof to all of the penalties hereinabove prescribed. Each day that such violation shall continued shall also constitute a separate offense. Section 6: If any phrase, clause, sentence, para- graph or section of this Ordinance shall be adjudged invalid or unconstitutional by any court of competent jurisdiction, such .any judgment shall not affect, impair or invalidate/of the remaining phrases, clauses, sentences, paragraphs and sections of this Ord- inance, but shall be restricted and limited in its operation and II eFFect to that portion of said Ordinance which was directly in- volwed in the controversy in which such judgment was rendered. PAS3ED on First reading b,n thi~.,29th day oF August ..... , A. D. 1950. PASSED AND ADOPTED on second and Fina! reading this 26th day oF September , A. D. 1950. -3- Affidavit of Pub|icatlon DELRAY BEACH NEWS Published Weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared ...... ._m_. __.~_.r__.r_.i~___~_.:_.._H_ _i_]:.l.i_..~__.z'_.d_ ............... who on oath says that___.h__.e_As ................................ .............. _-~-._e-_~_.e___r...~_]-_._.~_~i___~__n__~g_e__r_ __ of the Delray AN OEDINANCE 01~ THE Beach News, a weekly newspaper published at couNcn, or THE ,CrrY oz~ EAY KI?~CH, PALM"BEACH Delray Beach in Palm Beach County, Florida; T¥, Z~LOEIO~,. ~V~EING IT UNlaW- fUL ~OE ~ PERSON WHO IS that the attached copy of advertisement, being a MEMEER Ol~ · THE C0MMU~IST PAETY, O1~ ANY OTHER PERSON, 0 r d ina nc e GRouP. oR ORGANIZATION AS ........................................................................................ HEREINAFTEE DEFINED IN SEC- TION 4 OF THIS ORDINANCE, TO in the matter of REMAIN WITHIN THE COEPOEATE .......................................................... LIMITS OF THE CITY OF DELEAY BEACH LONGER THAN 48 HOUES Communists WITHOUT REGISTERING W I T H. ........................................................................................ TH~ POLICE DEPARTMENT; TO REQUIRE ALI, SUCH PEESONS, GROUPS A N D ORGANIZATIONS .......................................................................................... CIRCULATING OR DISTBIUTING PEINTED OR WRITTEN MATTEE TO FULLY ADVERTISE S U C H in the Court, MATTER IN A NEWSPAPEE TEN ............................................................. DAYS, PRIOI~ TO SUCH DISTEmU- TION; TO REQUIRE ALL SUCH was published in said newspaper in the issues of PEESONS, GROUPS AND oI~GANI- ZATIONS HOLDING MEETINGS TO Sept 7 and 14, 1950 NOTizY THE CHIEF OF POLICE ......................................................................................... OF SAM~ AT LEAST TEN DAYS PRIOR TO SUCH MEETIi~G; MAK- ING IT UNLAWI~L FOE A_NY ......................................................................................... PERSON, GROUP 0]~ 0EGANIZA- TION TO ADVANCE AND PEOMOTE IDEAS OF FOR4~E, VIOLENCE, Affiant further says that the said Delray TREACHERY. D~C~T, ESPION- AGE. S A E 0 · A ~ ~, ~mEOEISM, Beach News is a newspaper published at Delray CEEA~ION 0r Z~EAE. DES~RUC- Beach, in said Palm Beach County, Florida. and TIOS 0~' ~0~ aSD B~ OT~R ACTS 0~ DOINGS WHAT- that the said newspaper has heretofore been con- so~vrR, r~ovHi~a ro~ ~ wo~io~ or ~ms o~ finuously published in said Palm Beach County, o~zsc~; P~ovmma ro~ Florida, each Friday and has b~en entered as s~rA~mITy or ~ ~O- ~ISIONS HEB~F. second class mail matter at the post office in ~ ~bove Ordinance iz published Delray Beach, in said Palm Beach County, Flor- ~lou only. ~opy of sgme 1~ on file in the City Clerk's Office for ln~p~tlon ida, for a period of one year next preceding the o~ interested persons. ~ls Ordinance was placed on ~irzt re~dtng by the City first publication of the attached copy of adver- co.acu gt ~ s~cl~[ Meeting held tisement; and affiant further says that h~ xugu~t ~h, 1950, ~nd ~aid City CounCil .............. will sit in the Council Chambers in the has neither paid nor promised any person, firm city Halt on th~ 26th ~y of Seotembor, ~950, ~t which t[~e th~ ~bov~ or corporation any discount, rebate, commission ah~ll be re~d In full, ~nd ~tl ~ersonz' or refund for the purpose of securing this adver- inter.ted sh~ll bz given ~n tisement for publiga on. in the said newspao~, to ~ ~rd. ~u~ ~. Sworn to and s~ 'ri~ b~re~ , me this_ .... 5~ ...... ........ .................... ~-~ ~., ~. (SEAL) ~loroe" My Cimmerian ex~ires Oct. 3J, 1953. Jended by Mass. B~ding & Insurance Co.