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40-91 ORDINANCE NO. 40-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", SECTION 51.99, "PENALTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.99, "PENALTY", BY REPEALING SUBSECTION (A) AND ENACTING A NEW SUBSECTION (A) TO PROVIDE THAT THE PENALTY FOR VIOLATING CHAPTER 51 SHALL BE TO PERFORM CERTAIN HOURS OF COMMUNITY SERVICE OR LABOR WORK; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1o That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.99 "Penalty", Subsection (A) of the Code of Ordinances of the City of Delray Beach, Florida be and the same is hereby repealed, and a new Subsection (A) is hereby enacted to read as follows: (A) Any person who is convicted of violating this Chapter in an amount not exceeding 15 pounds or 27 cubic feet in volume, shall be required to perform not less than five (5) hours of community service work picking up litter or performing other labor commensurate with the offense committed for the first conviction, not less than ten (10) hours of community service work for a second conviction for violating the same provision within one year of the first conviction, and not less than twenty-five (25) hours o~ community service work picking up litter for a third and subsequent conviction for violating the same provision within two (2) years of the first conviction. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of April 1991. ATTEST: CftY clerk- First Reading April 9, 1991 Second Reading April 23, 1991 BOCA RATON NEWS DEL~,AY BEACH NEWS ' BOYNTON BEACH NEWS O N.W~ Published Daily . Monday thru Sunday Boca Rain. Palm Beach County, Florida ~:~ Delray Beach, Palm Beach County, Florida STATE OF FLORIDA CiTy COUNTY OF PALM BRACH y~. Before the undersigned authority personally appeared NANCY WA~ who on oath says that she ~.~ is the Classified Advertising Manager of the Boca Raton News and the Delray Beach News, daily newspapers published at Boca Raton in Palm ~ ~ Beach County, Florida; that the attached copy of 'u~., ~.E ~.o ~. advertisement was published in said newspapers c~E~ ~DI~ES ~ T~ NG RE~ NEST ~ THE ~E CI~ BY ~FEGU~ THE ~TCHLI~S FRM ~RCES A~T~ICJAL LIGHT; PROVIDI~ A GEN~ REPEAL~ ~)D;~ AN EFF~CTIVE DAT~. Affiant further says that the said Boca Raton AN~DI~NCE~T~CI~C~ ~1~ ~ THE CiTY OF DEL~AY lished at Boca Raton, in said Palm Beach County, ~;~..~GE ~N. T.~, Florida. Monday th:ough Sunday. and have been :o~ OF O.D,~S O~ entered as second class matter at the post office in "~, ~ ~"~"~ S~CT~. Boca ~a~on, Palm Beach County, Florida, fo~ ape- SE~,~. (~) ~.o ~.~,.G A riod of one year next preceding the f~st publica- ~.~ ~ ~w ~ ~,o~. tion of the attached copy of advertisement; and ,~R~ 'Ce.U,..0U.~ 0F affiant further says that she has neither paid nor c~usE; ~o~,~ ~ promised any person, firm or corporation any dis- .~s. c~u~; count, rebate, commission or refund for the p~- ~. ~ ~. pose of securing this advertisement for publication ~ ~ ~ ~ Sworn to and subscribed before me this ~ , , ~c~ (Seal, Notary Publ~[~l~~l~ co.,,,,. 5-3-94