ORDINANCE NO. 85-45

An Ordinance Adopting and Enacting a New Code for the City of Boynton Beach, Florida; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for Violating Such Code; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective.

Be It Ordained by the City Council of the City of Boynton Beach, Florida:

   Section 1. That the Code of Ordinances, consisting of Chapters 1 to 26, each inclusive, is hereby adopted and enacted as the “Code of Ordinances, City of Boynton Beach, Florida,” which Code shall supersede all general and permanent ordinances of the City adopted on or before April 30, 1981, to the extent provided in section 2 hereof.

   Section 2. That all provisions of such Code shall be in full force and effect from and after the adoption of this Ordinance, and all ordinances of a general and permanent nature of the City of Boynton Beach, adopted on final passage on or before April 30, 1981, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of such Code.

   Section 3. That the repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

   Section 4. It shall be unlawful for any person to violate or fail to comply with any provision of such Code, and where no specific penalty is provided therefor, the maximum penalty which may be imposed upon any person who shall be adjudged to have violated any provision of such Code shall be a fine not exceeding five hundred dollars ($500.00) or a term of imprisonment not in excess of one (1) year, or both such fine and imprisonment; provided, however, that this section shall not conflict with any penalties imposed for any offense under the laws of the State of Florida, and no penalty for violation of such Code shall exceed the maximum penalty provided for the violation of a comparable state law.

   Section 5. Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part of such Code, shall be deemed to be incorporated in such Code so that reference to the “Code of Ordinances, City of Boynton Beach, Florida,” shall be understood and intended to include such additions and amendments.

   Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-6 of such Code shall apply to the section as amended, or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section, such other section shall be held to relate to the section so amended, unless such penalty is specifically declared inapplicable.

   Section 7. A copy of such Code shall be kept on file in the office of the City Clerk preserved in loose-leaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone otherwise authorized by the City Clerk, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code, when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may from time to time be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same.

   Section 8. It shall be unlawful for any person to change or amend, by additions or deletions, any part of or portion thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Boynton Beach to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

   Section 9. This ordinance shall become effective on the first day of September, 1985.

FIRST READING this 6th day of August, 1985.

SECOND AND FINAL READING and PASSAGE, this 20th day of August, 1985.

         CITY OF BOYNTON BEACH, FLORIDA

      BY:                           

            Mayor

         /s/   Robert Ferrell

            Vice Mayor

         /s/   Carl Zimmerman

            Council Member

         /s/   James Warnke

            Council Member

            Council Member

ATTEST:

/s/   Suzanne M. Kruse

   Deputy City Clerk (Corp. Seal)