Ord G-01(01-46) ORDIKANCE NO. ~
AL~ 0t{DINAI~CE OF TifE CITY COUI',~CIL OF THE CITY OF DELRAY
BEACH, FL0i{iDA, ADOPTI~.~G A CODE 0F CIVIL Ai'~D CRLiIhAL 0!iDillAI%CES,
~ROViDI~GFOR THE ~k~Ti~G TtI~EO~~ Ai~D FOR ~ REPEL OF CEi~TAIN
0RDIi.~A>iCES.
~¥!{ET~L~S, Section &l of the Charter of the City of Delray
~each, Floriga, provides that the city council shall have the power
to have the City Ordinance revised and codified and whereas a
rs~ision and codification has been prepared by the oity Attorney
of this city.
)]0W, ~[EPgF0i~, JE IT ORDAINED by the City Council of the
City of Delray Beech, Florida, as follows:
SECTION 1: That the following twenty (g0) Chapters ar~
hereby ~dopted as the revised code of civil and criminal ordinance~o
of the City of Delray Beech, Florida. This revised code shall be
known as the City Code of ~elray Beach and shall completely sub, er-
sade all general ordinances passed by the City Council prior to
i[erch 11, 19~6, except such as by reference thereto are expressly
sa~ed from repeal or continued in force and effect for any purpose.
S~'~P~ ~: That ~ copies o%~ suca code duly authenti-
cated and approved under the facsimile signature of the l[ayor,
l~i. il. DeWitt, and attested by the Oity Oler,~, Catherine E.
Strong, shall be printed. The authsntic~tmon of such printed
copies of the code shall 0e in the follo~,~ing fo~:
"STATE 0F FLORIDA,
o00~TY OF PA~i B~GH:
This City Gods of Pelray ~each has been
duly adopted by the City ~ounczl or the City
of Delray Beach, Florida, in the manner rs-
quoted by leu.' and is hereby authenticated as
~ne ~y Code of De!ray Beach ~-~d becomes
effectiv% qs provide~n ~e adopting ordinance
l[ayor of the City of
Delray Beach, Florida
Attest:
Catherine E. Strong,
City Clerk of the City of
Delray Beach, Florida"
SECTI0~ $: Any additions or amendments to this code, when
passed, in such form as to indicate the intention of the City Coun-
cil to make the same a part hereof, shall be deemed to be
incorporated in this Code.
SECTION 4: The City Clerk shall keep this Code in the City
Clerk's office. This Code shall be typed, printed, pasted, or
otherwise mounted on paper sufficiently thick smd tough to
withstand heavy usage, and preserved by the City Clerk in a
book or binder in loose-leaf form, or in such other form as
the City Clerk may consider most expedient, so ths~t all amend-
ments thereto and all general ordinances hereafter passed may
be inserted in {heir appropriate places in such volume, and
all sections of this Code or Ordinances repealed from time to
time may be extracted therefrom for the purpose of maintaining
said copy in such condition that it will show all general
Ordinances passed up to date at any time in such manner that
ready reference, may be hsd thereto.
In dete~aining whether or not any Ordinance hereafter
passed, or any part thereof, shall be inserted in such volume,
and in determinin~ the fo~, chapter, or section in which it
shall be inserted, and in dete~mining whet shall be taken out~
if any doubt arises, the City Clerk shall be guided by the
advice of the City Attorney.
SECTION 5: That said code shall be admitted in evidence
without further proof and shall be prima fa¢ie evidence in all
courts of the existence and regularity of the enactments of the
particular ordinance and of said code.
SECTION 6: (s) Ail civil ordinances of a general and
permanent nature and all criminal ordinances in force when this
revised code takes effect, which are inconsisten~ herewith or
in conflict with this code, are hereby repealed except as herein
provided.
(b) That all ordinances in effect upon the effective date
of this code not inconsistent with any of the provisions of this
revised code v~hich are omitted from such revision or codification
shall not be deemed to have been repealed, but shall be continued
in full force and effect unimpaired by this revised code.
(c) That the repeal of any ordinance or any portion thereof
by the preceding sections shslt not affect or impair any act
done or right vested or accrued or any proceeding, suit or
prosecution hsd or co~aenced in any cause before such repeal
shall take effect; but every such act done, or right vested or
accrued, or proceeding, suit or prosecution had or cormnenced
sh~ll remain in full force and effect to all intents ~nd purposes
as if such ordinance or part thereof so repe~led had remained
in force. No offense co~'~itted and no liability, penalty or
forfeiture either civilly or criminally incurred prior to the
ti~e when any such ordinance or part thereof shall be repealed
or ~ltered by the revised code shall be dischar~'~ed or affected
by such repeal or alter~tion; but prosecutions ~nd suits for
such offenses, liabilities, penalties or forfeitures shall be
instituted and proceeded with in all respects as if such prior
ordinance or cart thereof hsd not been re~ealed or altered.
(d) That no ordinance relatin~ to the public debt or the
public credit or any annex~tion of territory shall be affected
by the repealing clause of this ordinance.
(e) That no ordinance relating to a contract to v~hich the
city is a party or any contract made for its benefit shall be
affected by the repealing clause of this ordinance.
(f) That all ordinances making specific a?propriation of
public funds are continued in force.
(g) That nothing in the repealing clause of this ordinance
shall be construed as releasi~g any person, firm or corporation
from any duty enjoined in the limita~tion or condition imposed
by any ordinance-that may be repealed by said repealing clause.
(h) That nothing herein shall be construed as a repeal or
modification of any ordinance levying a special benefit assessment
or creating a lien and debt against the owner of any property
in the City of Delray Beach, Florida.
(i) That nothing herein shall be construed as a repeal of
any franchise, license or right granted by the City of Delray
Beach to any person, firm or corporetion which license, ~rant,
power or franchise was legally in force smd effect at the date of
the effective date of this revised code. Every such license,
~rant, power or franchise shall expire as originally provided
by ordinance.
SECTION 7: That "Zoning Ordinance Number 365" which was
approved by the majority vote of the registered voters of the
City of Delray Be~ch, Floride, on the 6th day of August, 1940
is not affected by this revision or codification, but is placed
in this code for convenience only.
SECTION 8: All general provisions, terms, phrases, and
expressions contained in this Code shall be liberally construed
in order that the true intent and meaning of the City Council
nay be fully carried out.
SECTION 9: If any part, section, sentence, or clause of
this Code shall be adjudged void and of no effect, such decision
shall not affect the validity' of the remaining portion of this
Code.
SECTION 10: The City Code of Delray Beach shall take
effect 30 days after the passage of this ordinance on second
and final reading.
Passed on second end final reading on this the ~d~y
of ~, 19~6.
Presid~-~t of City coun'c{1