05-01-62SpMtg iOi
~Y 1, 1962.
A Special Meeting was held in the Council Chambers aS 3;00 P.M.
with Mayor Waltor Dietz in the Chair, City Manager Louis ~. ~mitzes,
City Attorney John Ross Adams and CounciLmen A1 C. Avery, GeOrge
Talbot, Jr., George V. Warren and Oliver W. Woodard~ Jr., b,~ng
present.
An opening prayer was delivered by Councilman A~ery.
Mayor Dietz a~ounced tha~ the first item of business would be
consideration of proposed E~RG~CY O~INANCE N0. G-~.
AN EI~RGENCY 0RDINA~E 0F THE CI~ OF
DE~Y~ BE~CH, FLORI~, ~NG ~T
FOR A~ PERSON ~I~ IN A~ P~LIC P~CE
~THIN THE CORP0~TE ~2~TS 0F THIS CI~,
INDI~DUALLY 0R IN CONCERT WITH 0T~RS,
T0 D0 A~ ACT 0R C~TE~A~ CONDIT~0N,
~IOH DOES 0R IS C~TED T0 ENC0~GE,
AID~ ABET 0R START A RIOT, ~LIC DISO~ER
OR DIBT~E 0F ~E P~CE; A~O PROVIDING
A ~NAL~ FOR T~ VI0~ION OF THIS O~INANCE.
(Copy of Ordinance No. G-~ is attached to and made a part
of the official copy of these minutes.) See 10lA and 102B
~. Talbot moved that ~ergency Ordinance No. G-~ be passed
and adopted on this first day of May on first reading. The motion
was seconded by ~. Woodard.
~. Avery pointed out ~at th~s Ordinance does not violate the
civil ri~ts~of ~y pe~s~and it could be obJect~0nable only to that
person who desired to create ~ incident.
May~r Dietz co~ented as follo~: "We ~t~say further, too,
that ~e Co~ncil is passing ~his O~l~ance at~ the urgent request of
the Police Chief. The Police chief',~ ~. S~tzes and I had a meet~g
yesterday morning, and the .Chief felt that he could better cope with
~the situation. I thi~ the Police Department ha~led a very difficult
situation very well. The Police Chief has i~o~mation on i~orts who
will be coming In Sunday, and i~ is very i~ortant that we be so situ-
ated that he has what he believes.he needs to e~orce and keep the
pe~ce ~d order of Delray Beach."
Upon call of roll, the motion carried unan~ously.
City Clerk Wort~ng read E~J~G~CY ORDINANCE N0. G-~5.
~N E~G~Y ORDINANCE OF THE CI~ 0F
DE~Y B~CH, F~RIDA, LI~TING T~ ~E
0F THE DE~Y B~CH ~ICIPAL B~CH TO
CITIZENS A~ R~IDE~S OF THIS CIE A~
T~IR O~NIGHT HO~E G~TS; T0 ~L
A~ P~ONAL ~OP~· ~A~$ OF ~HIS
CITY ~ND T~IR: 'I~,TE FA~LIES; AND
TO ~E R~IST~ED ~S~ 0F APAR~S,,~
MOTE~,, HOTE~ A~ OTHER ~PES 0F
~I'TS ,'~A~ IN ~IS CI~; REQ~RING
USE~ 0F ,B~ T0 PROD~E IDENTIFICA~ION~
A~ PR0~IDING A PENAL~ FOR THE VI0~TI0~
0F THIS ORDINANCE.
(Copy of 0rdinanee NO. O~5 is ~ttaohed to ~d ~a~
of tke~ efficial e~y 0~ these minUteS s) See Pages 10~ a 102D
~. ~very moved fo~ t~ :sdoption of ~ergency Ordinance No.
G-~5 on t~s first ~d ,f~al reading. ~e motion was seconded by
~. WaPPen and carried
May 1, 1962
Following corm~ents, Mr. Warren moved that Emergency Ordinances
No. G-4~ and G-~45 be published in their entirety in the proper
newspapers in a display ad. The motion was seconded by M~. Avery
and carried-.unanimously..
Mayor Di. etz explained that~this is a non-discriminatory step
for the protection of thepeaOe and quiet of the City of Delray
Beach.
Mayor Dietz e~plained that two property owners on South Ocean
Boulevard who had favored ~annexation of their property to Delray
Beach have now Changed their minds and do not desire to be annexed,
and that Delray Beach is interested in friendly~ gnnexatio~.
Mr. Talbot.moved that the motion of April 9, 1962, which placed
Ordinance No. 9-438; on first reading, be rescinded. The motion
was seconded by Mr. Avery and carriedlunan~m0usly~ .
MayOr Dietz commented as follows: "This .statement I make on my
own behalf. It has nothing to do with the-thoughts of the other
Council members. It'is purelymy own thought. This morning I read
in the paper that 0. F. Youngblood says it was not a wade-in or a
swim-in, I was out there Saturday and I was out there Sunday, and
I certainly amree that it was neither a wade-in nor a swim-in. But
he says~'we are here exercising our.rights as taxpaying citizens'.
Well, if a group of white people had exercised their rights like that.
they would have landed in the 'hoosegow'. Exercising your right 'as
taxpaying citizens does not give you the right to step on the rights
of other taxpaying citizens. To live in harmony is a very important
thing, but no-one group in a community, either white or negro, has
the right that was taken there, and M~. Youngblood is Chairman of
the Inter-Racial Committee of the City of Delray Beach,'and I think
his conduct is unbecoming to the chairman of a committee of Delray
Beach. When I was electioneering I campaigned on the'~asis that I
had no confidence in the Inter-Racial Committee. I made that state-
ment when I was elected. I brought that to the attention of the
Council earlier in our meetings, and when the Committees were ap-
pointed, it was only to assuage me that the Council appointed the
Inter-Racial Committee on a tempos.ar2 basis. I feelvery strongly
and I hope my fellow Council members will, that the time is here to
dissolve this particular Inter-Racial Committee. I can, t get any..
support at this time but I'll bring it up at'a later time. I Just
wanted to go on record.'"
Mr. Talbot then moved that the Inter-Racial Committee be dis-
banded. Mayor Dietz relinquished the Chair and seconded the motion.
Following comments by the remaining Councilmen that they feel a
little more time and thought should be given this matter before such
action is taken, Mr. Talbot and Mayor Dietz withdrew their motion
and second.
The ~eeting was adjourned at 3:20 P.M. on mO~ion by
R.,D. WORTHING
City Ele~k
APPROVED:
MAYOR
-2- 5-1-62
ORD ~AN~.
shall constitute a dis~a~e of ~e pea~
any condition, ~ich does or is cal. e~.~ re. e~ag~ a~d,
abet or start a riot, public dis~der o~
and it s~ll not be necessary to prove ~ha$ s~ person was solely
responsible for such public disorder, bu~ only t~g his or 'her
appearance,..ma~er, conduct, at,ire, condition, status or general
demeanor was the motivating factor that resulted in ~he disturbance
of the peace. ~y such person ~o refuses, when co~nded by a
police officer of the .city to leave ~e aforesaid public place
i~edia~ely, ~all be guilty of an offense for refusal to obey
the order or co, and of a police officer, ~d deemed ~o be a
rioter or'disturber ~ the peace.
~ection 2. ~y person who shall violate this Ordi~nce,
upon conviction thereof, shall be. fined not more than $500.00 or
~prisoned in t~ city Jail no~ exceeding sixty (60) days, or both
such fine and i~riso~en~.
Section 3. In the event ~y section, paragraph,
sentence, clause, phrase or portion o£ this Ordinance be held un-
constitutional, ~nvalid or ineffective, the same shall not repeal,
nullify or in any manner affect any other section, Paragraph,
sentence, clause or portion of~ this Ordinance.
Passed and adopted on the 1st day of May~ 1962, to
be effective immediately.
/s/ Walter Dietz
M A ¥ 0 R
ATTEST:
/s/ R. D. Worthing
ORDINANCE NO. G-455
AN EMERGENCY ORDINANCE OF THE CITY OF
DELRAY BEACH, FLORIDA, LIMITINO THE USE
OF THE DELRAY BEACH MUNICIPAL BEAOH TO
CITIZENS AND RESIDENTS OF THIS CITY AND
THEIR OVERNIGHT HOUSE GUESTS; TO REAL
AND PERSONAL PROPERTY TAXPAYERS OF THIS
CITY AND THEIR IMMEDIATE FAMILIES; AND
TO THE REGISTERED .GUESTS OF APARTMENTS.
MOTELS, HOTELS AND OTHER TYPES OF RENTAL
UNITS LOCATED ,IN THIS CITY; REQUIRING
USERS OF SAME TO PRODUCE IDENTIFICATION;
AND 'PROVIDING A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE.
_ WHEREAS, the City of Delray Beach, Florida is a
~apidly growing city, and due to recent heavy use 'of the
~icipal Beach by residents of other communities the
Municipal Beach is becoming overcrowded to the detriment of
the citizens, residents, taxpayers of this city and their
guests; and
WHEREAS, bhe City council of the City of Delray
Beach, Florid'a, ~dm~e~s i~ nece'ssa~y 'fOr:the immediate preserva-
tion of the p~li~ peace', and' ip~'p~rt~"o,f this".city to limit
the use of tEe'., said i. MUnicipal Beach;
HER FORE,' B O XIN D TRE CITY COUNCIL
OF THE CITY OF DELR~.Y.~ BEACH; FEORIDA, 'AS FOLLOWS:
Section' '1. The use~of She Delray Beach Municipal
Beach is hereby limited to citizene and residents' of this
city an~ their overnight ~ums* gUests; ~o real and personal
property taxpayers of this city and their immediate families;
and ~o the registered guests of apartments, motels, hotels
and Other types of rental units located in this city.
Section 2. For purposes of this ordinance the
Delray Beach Municipal ~each is that area described as follows:
All of fractional Section 16, Township ~6 South, Range $3 East,
.... ~,, - ~. !-,_,- . . ·
lying east of the east curb of State Road A1A (Ocean Boulevard)
as-now laid io,u~" and~, in .use.
. , ~. · .. ,.,,.,~ ,- . :
S~tion '3. Ail, persons 'using the" Delray Beach
MuniciPal "~ ~ " "'~ '~"' ~' '
Beac'h Shall produce,,, upon,request of a police officer
entitle~ to u~e?,.~.h.e. '~l~ay Beaoh,., M~.~lc,ipal 'Bea~¢h ,under this
~rdi~aDea, ..... · - ~ · ........
.........
Sectio~ ~ Any person who shall violate this
ordinance, upon conviction thereof, shall be'fined not more
than $~00.00 or imprisoned in the city Jail not eYceeding
sixty (60) da~s, or both such fine and ~n~isonment.
S~Ct$on 5o In the event any section, paragraph,
sentence, clause, p,hrase or' portion of this ordinan~e be held
unconstitutional, i~¥alid or ineffecti~e, the same shall not
repeal, nullify or in any manner affect any other section,
paragraph, sentence, clause or.portion of this ordinance.
Passed and adopted on the ,.,lst day of May, '1962,
to be effective immediately.
/s/ ~slter Dietz MAYOR
ATTEST:
'" City' ClePk
-2-