CODE OF ORDINANCES CITY OF WEST PALM BEACH, FLORIDA

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Adopted: March 17, 2003
Effective: March 17, 2003

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Published in 2003 by Order of the City Commission

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OFFICIALS

of the

CITY OF

WEST PALM BEACH, FLORIDA

AT THE TIME OF THIS RECODIFICATION

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Joel T. Daves

Mayor

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James L. Exline, President

Isaac Robinson, Jr.

Richard E. Linn

William Moss

Kimberly Mitchell

City Commission

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Claudia M. McKenna

City Attorney

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Theresse du Bouchet

City Clerk

CURRENT OFFICIALS

of the

CITY OF

WEST PALM BEACH, FLORIDA

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Geraldine "Jeri" Muoio

Mayor

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Keith A. James

Paula Ryan

Kelly Shoaf

Christina Lambert

Cory Neering

City Commission

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Hazeline F. Carson

City Clerk

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the City of West Palm Beach, Florida.

Source materials used in the preparation of the Code were the 1979 Code, as supplemented through September 30, 2002, and ordinances subsequently adopted by the city commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1979 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
RELATED LAWS	RL:1
CHARTER COMPARATIVE TABLE	CHTCT:1
RELATED LAWS COMPARATIVE TABLE	RLCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER AND RELATED LAWS INDEX	CHTi:1
CODE INDEX	CDi:1
ZONING AND LAND DEVELOPMENT REGULATIONS INDEX	ZLDRi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Alyce A. Whitson, Senior Code Attorney, and William B. Eddy, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Imogene Isaacs, Internal Auditor, Claudia M. McKenna, City Attorney, and Theresse du Bouchet, City Clerk, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ADOPTING ORDINANCE

ORDINANCE NO. 3642-03

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA (THE "CITY"), ENACTING A NEW CODE OF ORDINANCES FOR THE CITY; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING A CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, the City Commission authorized the recodification of the City's Code of Ordinances and in November 1999, the City entered into a contract with Municipal Code Corporation ("Municipal Code") to accomplish the recodification; and

WHEREAS, the recodification is intended to make the Code consistent with the form of government contained in the current charter, to eliminate obsolete or operationally non-functional provisions, and to eliminate provisions adequately covered by state law; and

WHEREAS, the recodification will result in the ability to view the Code electronically via the Municipal Code Corporation website; and

WHEREAS, editorial conferences were held, reviews were conducted by department directors, and a handwritten revision to the existing Code (the "Initial Revision") was prepared; and

WHEREAS, upon receipt of the Initial Revision, Municipal Code prepared a proof (the "Initial Proof"); and

WHEREAS, upon receipt by the City of the Initial Proof, further handwritten revisions were prepared (the "Final Revision Pages"); and

WHEREAS, the recodification includes ordinances duly adopted by the City Commission through November 12, 2002; and

WHEREAS, a complete copy of the Initial Revision, the Initial Proof and the Final Revision Pages should be maintained by the City Clerk as a public record;

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, that:

SECTION 1: This Ordinance shall constitute the recodification of the Code of Ordinances of the City of West Palm Beach (the "City"). This Ordinance consists of Chapters 1 through 94, inclusive, contained in the binder entitled "Code of Ordinances, City of West Palm Beach, Florida" and attached to this Ordinance as Exhibit "A." This Ordinance, together with the binder exhibit, is hereby adopted and enacted as the new and original comprehensive Code of Ordinances of the City (the "Code"). This Ordinance shall supersede all other general and permanent ordinances passed by the City on or before November 12, 2002, except such ordinances as are expressly saved from repeal or continued in force and effect for any purpose.

SECTION 2: All provisions of the Code shall be in full force and effect from and after November 12, 2002 (the "Recodification Effective Date"). All ordinances of the City of a general and permanent nature enacted on or before the Recodification Effective Date and not in such Code, or recognized and continued in force by reference therein, are hereby repealed from and after the Recodification Effective Date, except as hereinafter provided.

SECTION 3: The repeal provided for in Section 2 above shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the Recodification Effective Date; nor shall such repeal affect any of the following:

(a)

Any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City, or any other evidence of the City's indebtedness, contract or obligation assumed by the City;

(b)

Any administrative ordinances or resolutions of the City Commission not in conflict or inconsistent with the provisions of such Code;

(c)

Any right or franchise granted by ordinance or resolution of the City;

(d)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City;

(e)

Any appropriation ordinances or resolutions;

(f)

Any ordinances levying or imposing taxes;

(g)

Any zoning ordinances or any amendment thereto;

(h)

Any ordinance providing for local improvements and making assessments therefore;

(i)

Any ordinance extending or contracting the boundaries of the City;

(j)

Any ordinance regulating or restricting traffic or parking on particular streets or in particular places; and

(k)

Any provision of the city charter converted into an ordinance by the Municipal Home Rule Powers Act (Chapter 166, Florida Statutes), but not contained in this Code.

Such repeal shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance, which subsequent ordinance is repealed by this ordinance.

SECTION 4: Any additions or amendments to such Code shall be made by ordinances duly adopted by the City Commission which expressly provide for codification. Thereafter, references to the Code shall be deemed to incorporate such additions or amendments. The City Clerk shall supply Municipal Code with the ordinances that constitute additions or amendments to the Code. Municipal Code will supply the City with printed and electronic supplements to the Code (the "Code Supplements") according to a schedule agreed to between the City and Municipal Code from time to time.

SECTION 5: The binder attached to this Ordinance as Exhibit "A" shall be kept on file in the office of the City Clerk. It shall be the express duty of the City Clerk to update the binder with the Code Supplements. This copy of the Code shall be made available for all persons desiring to examine the same and shall be considered the official Code of the City. The City Clerk shall also maintain the Initial Revision, the Initial Proof and the Final Revision Pages as public records of the City.

SECTION 6: Except as provided in Sections 4 and 5 above, it shall be unlawful for any person, firm, or corporation in the City to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever. Any person, firm or corporation violating this section shall be punished as provided in Section 1-13 of the Code.

SECTION 7: Unless another forfeiture is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $500.00 or a term of imprisonment not to exceed 60 days or both. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The forfeiture provided by this section, unless another forfeiture is expressly provided, shall apply to the amendment of any Code section, whether or not such forfeiture is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

SECTION 8: Ordinances adopted after November 12, 2002, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

SECTION 9: All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

SECTION 10: This ordinance shall become effective in accordance with law.

FIRST READING THIS 3nd DAY OF March 2003.

SECOND READING AND FINAL PASSAGE THIS 17th DAY OF March 2003.

(CORPORATE SEAL)	CITY OF WEST PALM BEACH
	BY ITS CITY COMMISSION

 

ATTEST:

/s/         CITY CLERK

	/s/         PRESIDING OFFICER

	City Attorney's Office
	Approved as to form
	And legal sufficiency
	By:_______
	Date:_______