05-25-56SpMtg MAY 25TH, 1956
A ~pecial Meeting of the City Commission was held in the
Commission Chambers at the City Hall on Friday, May 25th, 1956,
at 7:30 P. M., with Mayor Mike Yargates in the Chair, City
Manager W. E. Lawson, Jr., City Attorney John H. Adams and the
following Commission Members being present; W. J. Snow, Emory
J. Barrow, and Howard Lee Cromer~ a quorum being present.
City Manager Lawson read Emergency Ordinance No. G-237 -
~Hm~G~.NCY Or, DINg, Cb: G-237
AN EMEitG~.iNCY OI~DiNANCE O~' THP. CITY 0F DELItAY
BI~ACIi, ~LOitlDA, ~ItCISING SAIl)CITY'S POLICE
POW~ TO PItJ~V~NT ~IOTS W1TH1N SAID CITY; FOrbIDDING
T~, CA~iHYING OF ~'ONS ON THL P~SON Oit IN
MOT0~ VEHICLe; AOTFlO~IZING Tile SEARCHING 0F ~L
INDIV1DU~S AND V~ilCLES IN Tli~ PUBLIC PLACES OF
SAID CITY FO~ O~G~i0US ~0NS; AUTH0nlZING T~
CONFISCATION THE~EOF AND P~SCi(I~ING P~N~TIES FOR
Tti~ INT~FE~(~CE WIT~ ~Y POLICE OFFICE~ ~N EN-
FOAC1NG 'fHIS
W~ii~AS~ a great ~ount of tension exists in the City of
Oelray Beach~ Florida, over the use of the Municipal Beach ~nd
Municipal Swiping Pool~ and
Wii~i~AS~ the City Co~ission has been informed that an
unusually large n~ber of residents of this City and nearby
areas have ~eently purchased large quantities of guns and
ammunition, and
WIiE~AS~ persistent r~ors have come to ~he attention of
the City Commission that trouble will soon break out on the
Municipal Beach which may lead to injury and death to the resi-
dents of this City, and
WH~AS, an emergency exists in the City of Delray Beach,
Florida~ due ~o the fact that no ordinance exists authorizing
the stopping of all persons and vehicles within the City of
Delray Beach; the searching of s~e For the purpose of locating
concealed weapons and the confiscatJo~ of ~qc~ weapons~ and the
City Co~ission deems it necessary for the i~ediate preserv-
ation of public peace, property, health, morals and saCety~
that this ordinance be passed as an emergency ordinance, and
WH~it~AM~ the State of Florida has heretofore granted unto
the City of Beach~ Florida~ police powers, which grant
Delray Section 7 (15)~ and
the
appears in Municipal Charter at
Wiik~AS, the State of Florida has the power and authority
to delegate such police powers to its municipalities by reason
of .the Constitution of the State of Florida and the Constitution
of the United State of ~eriea~ in order to prevent'strife and
riots and to promote and preserve health, safety and general
welfare of all of the Citizens of Delray ,~each, Florida~
NOW TH~FO~iE~ BY VlitTdE OF Tile POLICE PO~R GR~TED TO
SAID CITY AS ~'u~SalO~ BE IT iNO I[ IS ~HEBY O~DAINED BY
THE CITY GO~IISSION ~JF THE GIi'Y OF DE~tAY BEAGti, FLOItlDA~ AS
FOLLOWS:
Section 1.
That no person other than a au~y qualified officer of the
law shall, on the streets, alleys, sidewalks, parks, beaches
or other public places within the City of Oelray Beach, ~lorida,
during the interim of this emergency, carry either on his
person, or in any vehicle any danger'ous weapon.
section ~.
MAY 25Tli, 1956
The Chief of Police and the police officers of the City
of Delray Beach, l"lorida, are hereby authorized to search any
and all persons and vehicles who are upon :the public places
of the City of Delray Beach, Florida, as above set forth, and
to confiscate and take from them such dangerous weapons as
may be found thereon or therein.
Section 3.
For the purpose of enforcing this ordinance, the Chief of
Police and the police officers of the City of Delray Beach,
Florida, are authorized to set up such road 'blocks as may be
necessary in the opinion of the Chief of Police of this City
for enforcing this ordinance.
Section 4~
The emergency as herein defined shall be deemed to exist
until this ordinance is repealed by the City Commission of the
City of Delray .Beach, Florida.
Section 5.
Any person who shall violate this ordinapce, ~pon confis-
cation thereof, shall be fined not more than ~ 500.00 or
imprisoned in the City jail or at hard labor upon ~ streets
or other public workd o£ the City not exceeding 60 days, or
both such fine and imprisonment. ~"
Section 6.
This is an emergency ordinance and shall become effective
immediately upon its passage.
PASSED AND AI~0PTED in Special Session on this the 25th day
of May, A. l)., 1956.
/S/ Mike Yargates MAYO~
ATTEST:
/.S/ lt. D. Worthing City Clerk
Commissioner Snow moved that Emergency Ordinance G-237 be
passed and adopted on first and final reading. Motion was
seconded by Commissioner Barrow. Unanimously carried.
The City Manager then read Emergency Ordinance No. G-238.
~h~IE~tGENCY O~tDINANCE G-238
AN kMEIIGENCY OaDINANCE O1,~ THE CITY OF DEL~tAY BEACH,
FLORIDA, EXE,IC1SING SAiD CITY'S POLICE PO~( ro PRE-
VENT INTER-KACIAL itlOTS WITHIN SAiD C1TY; DEFINING
THE T~itM~ AS USED iiEilEIN; FOItBIDDING THE USE OF TIiE
MUNICIPAL BEACH m~D MUNICIPAL POOL TO TIlE N~GttO
~IACE; PitESC~ilBING P~N~LTiES FOH ANY VIOLATIONS;
SPECIFYING DUiiATION OF l'lir, h~IE~iGENCY ANb r~EPEAL1NG
ALL O~iDINANCES IN CONFLICT HEiiEIN.
~HE~AS, a great deal of unfavorable publicity has resulted
to the City of Del ray Beach, Florida, beaause said City has no
ordinance or regulation preventing the intermingling of the
negro and white races within this community, and
YHk~AS, as a result of such adverse publicity, large
numbers of negroes from other communities have come upon
)ktY 25TH, 1956
the Municipal Beach, and
~.EttEAS, as a result of the invasion of the Municipal Beach
by these non-resident negroes, near riots have occurred between
members of the negro race and members of the white race, and
WH~AS , racial tension has increased in this commnnity to
the point that the life of one Commissioner of the City of Delray
Beach, Florida, has been threatened, and
WHEi~AS, the Municipal Beach and the Municipal Pool are
located adjacent to the white residential area and removed from
the negro residential area, and
WHE~tEAS, an emergency exists in the City of Delray Beach,
Florida, due to the fact that no adequate ordinance exists
prohibiting the mingling of the negro and white races on the
Municipal Beach and in the Municipal Pool, and the Commission
of said City deems it necessary for the immediate preservation
for public peace, property, health, morals and safety, that this
ordinance be passed as an emergency ordinance, and
WHEitEA5, the state of Florida has heretofore granted unto
the City of Delray Beach, Florida, Police Powers, which grant
appears in the Municipal Charter at Section 7 (15)~ and
Wi~.E~EAS, said State of Florida has the power and authority
to delegate such police powers to its Municipalities by reason
of the Constitution of the State of A'lorida and the Constitution
of the United States of America~ and in order to prevent strife
and inter-racial riots and to promote and preserve the health,
morals, safety and general welfare of all of the Citizens o£
Oelray Oeach, Florida, and
~HEREAS~ the State of Florida has granted unto Municipal
Corporations, for the preservation of public peace and morals,
for the suppression of riots and disorderly assemblies and for
the order and Government of the City and Town, the right to
impose such pains, penalties and forfeitures as may be needed
to carry the same into effect as provided in the Florida Statutes
of 1941 at Section 165.19.
NOW, THE~EF0!tE, by virute of the police powers granted to
said City as aforesaid, BE IT and IT IS ORDAINED by the City
Commission of the City of Delray Beach, Florida, as follows:
Section 1. Definitions.
For the purpose of this ordinance:
(a) "Nezro" is defined to be any person of the negro race
as defined by the Florida Statutes of 1941, in Section
1.01.
(b) "Municipal Beach~ is defined to be that parcel of land
located in Palm Beach County, Florida, more particularly
described as follows, to-wit:
That parcel of land in
Section 16, T~p. 46 South,
Hge. 43 East, lying between
the Sidewalk as now laid
out and in use, which side-
walk lies along the East
side of Ocean Boulevard and
the high water mark of the
Atlantic Ocean.
(c) "Municipal Pool" defined is that certain swimming pool
located upon the following described property~ as well
as all improvements located thereon, said property
being described as follows, to-wit:
l~Y 25'£~, 1956
Commencing at the Northeast corner of Lot
17 of the subdivision of the East half (E-~)
of Section 16, T~p. 46 South, Hge. 43 East,
in Palm Beach County, l"lorida, said sub-
division plat being made by Geo. W. Potter
and executed by Sarah 6. ~leason, W. H.
Gleason and others and duly recorded in
the records of the Clerk of the ~ircult
Court in and for Palm Beach County,
Florida. From said point of beginning
go West on the South boundary line of
Atlantic Avenue 150 feet; thence go South
50 feet; tt~ence go East to the East boundary
line of said lot 17, from thence go Norther~
along the East 5oundary line of Lot 17 to
the point of beginning, and Lot 17 and the
East one half (E½) of Lot 18 in ~lock 1
of Ocean Park, according to a plat of 0ce an
Park now on file in the office of the Clerk
of the Circuit Court in and for Palm Beach
County, Florida.
Section 2.
No member of the negro race shall go upon the Delray
Municipal Beach or the Delray Municipal Pool as said terms
are defined and described herein, during the interim of
this emergency unless said person is an employee of the
City of Delray 5each, Florida, and is directed by proper
authority to Eo upon said Beach or said Pool in pursuit
of their employment.
Section 3.
The emergency as herein defined shall be deemed to exist
until this ordinance is repealed by the City Co~nission of
the City of Delray Beach, Florida.
Section 4. Enforcement.
(a) It shall be unlawful for any person to fail or refuse
to comply with and abide by any of the provisions of this
ordinance.
(b) Any person who shall violate this ordinance, upon
conviction thereof, shall be fined not more than Five
Hundred (500) dollars, or imprisoned in the City jail
or at hard labor upon tile streets or,other public ~orks
of the City, not exceeding sixty (60) days, or by both
such fine and imprisonment.
Section 5.
Any ordinance of the City of Delray Beach, Florida, in
conflict herewith is hereby repealed.
Section 6.
This is an emergency ordinance and shall 'become effectixe
immediately upon its passage.
PASSED AND ADOPTED in Special Session this the ~Sth day of
~ay, A. D., 1956.
' ' h-~-Y 0 1~
ATT~,ST:
/S/ ~. D. Worth~n~
City Clerk
MAY 25TH, 1956
Commissioner W. J. Snow moved that Emergency Ordinance
G-~38 be passed and adopted on first and final reaqing, Motion
was seconded by Commissioner Howard Lee Cromer and unanimously
carried.
Meeting adjourned.
~S/,,~. D. Worthing
Ci~'y C'ierk
APP~OVED: