Ordinance 22-2011 Offenses; Streets, Sidewalks ORDINANCE NO. 22 -2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 70, RELATING TO OFFENSES, BY
RESCINDING SECTIONS 70 -6, 70 -7 AND 70 -9;
AMENDING CHAPTER 106, RELATING TO STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, AT ARTICLE
VI, PARADES, SECTIONS 106 -192 AND 106 -219, SO AS
TO DELETE ALL REFERENCES TO THE REGULATION
OF FIREARMS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida legislature has passed House Bill 45, which bill
strengthens the State of Florida preemption with regard to the regulation of firearms;
and
WHEREAS, as a result of said law it is necessary to amend the codes of the
Town of Palm Beach relating to the use of firearms so as to rescind any regulation by
the Town relating to firearms.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 70, Offenses, by rescinding Section 70 -6 in its entirety.
Section 2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 70, Offenses, by rescinding Section 70 -7 in its entirety.
Section 3. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 70, Offenses, by rescinding Section 70 -9 in its entirety.
Section 4. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 106, Streets, Sidewalks and Other Public Places; Article VI,
Parades; Section 106 -192, Public Conduct During Parades, to read as follows:
"Sec. 106 -192. Public conduct during parades.
(a) Interference. No person shall unreasonably hamper,
obstruct, impede, or interfere with any parade or parade assembly or with
any person in a parade.
(b) Driving through parades. No driver of a vehicle shall drive
between persons comprising a parade when such persons are in motion
and are conspicuously designated as a parade.
(c) Parking on parade route. The chief of police shall have the
authority, when reasonably necessary to prohibit or restrict the parking of
vehicles along a highway or part thereof constituting a part of the route of
a parade. The chief of police shall post signs to such effect, and it shall be
unlawful for any person to park or leave unattended any vehicle in
violation thereof.
(d) Objects readily wielded as a weapon.
(1) The carrying by any person of any object that might readily j
be wielded as a weapon is prohibited within 300 yards of any
parade. Such objects shall include but riot be limited to, any
pole or stick or greater than three - quarters inch in diameter, I
object with sharpened edges or points, dirk, metallic
knuckles, slingshot, Billie, chemical weapon or device,
sword, sword cane, or electric weapon or device.
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(2) The carrying or possession by any person of any object
constructed of any object that standing alone would be in
violation of this article is prohibited within 300 yards of any
parade.
Section 5. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 106, Streets., Sidewalks and Other Public Places; Article VI,
Parades; Section 106 -218, Regulation of Time, Place and Manner of Parade, to read as
follows:
Ordinance No. 22 -11 Page 2 of 5
"Sec. 106 -218. Regulation of time, place and manner of parade.
The following time, place, and manner regulations are to apply to all
parades held within the town.
(1) Parades shall take place within the parade routes
designated herein and described in the exhibit on file in the
office of the town clerk.
(2) No animal -drawn or motorized vehicles shall be permitted
wit *1 a parade.
(3) Parades shall only be held between the hours of 9:00 a.m.
and sunset, and only upon Sundays, or national holidays
recognized by the federal government.
(4) There shall be held within the town no more than one parade
on any given day, with priority for any particular day to be
granted to the first person to submit a completed application
designating 'that day.
(5) The maximum total duration of each parade and the
assembly thereof shall be two hours.
(6) Parades shall be no more than one- quarter mile in length
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from starting point to termination point.
(7) The granting of a parade permit under this article shall not
require the complete blockading of streets or intersections to
vehicular traffic, and the town shall be empowered to
apportion such streets and intersections for simultaneous
use by parade participants and vehicular traffic.
(8) The carrying or possession by any parade participant of any
object that might readily be wielded as a weapon is
prohibited within 300 yards of any parade. Such objects shall
include, but not be limited to, any pole or stick of greater
than three-quarter inch sharpened edge or point, dirk,
metallic knuckles, slingshot, billie, chemical weapon or
device, sword, sword cane, or electric weapon or device.
(9) The car ryirig Or possession by any parade participant of any
object constructed of any object that standing alone would
be in violation of this article is prohibited within 300 yards of
any parade.
Ordinance No. 22 -11 Page 3 Of 5
(10) Nothing herein shall preclude picketing or demonstrations on
the public streets, sidewalks or parks of the town, which is
otherwise permitted by state and federal law, so long as the
picketing or demonstration otherwise complies with all town
ordinances and the picketers or demonstrators are situated
in a manner so as not to obstruct, impede, hinder or
otherwise interfere with the orderly movement of pedestrian
or vehicular traffic."
Section 6. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
t without the invalid provisions or be given effect p applications, and to this end the
provisions of this Ordinance are hereby declared severable.
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Section 7. Repeal of Ordinances in Conflict. j
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
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conflict with this or any part of this Ordinance are hereby repealed. j
Section 8. Couificafion.
This Ordinance shall be codified and made a part of the official Code of
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Ordinances of the Town of Pali n Beach.
Section 9. Effective Gate. �
This Ordinance shall tai« effect irniriediately upon its passage and approval, as
provided by law.
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Ordinance No. 22 -11 Page 4 of 5
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on First reading this 9th day of August, 2011, and for second
and final reading on this 13 clay of September, 2011.
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i Li C lio, Ma , r David Al R sow own Council President
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R6 i ick; o ouncil President Pro Tem
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Rllia J. Diamond, own cil Member
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LRicha VI. Kleid, Town Council Member
Susan Owens, Town Clerk Michael J. Pucillo, T n ouncil Member
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Ordinance No. 22 -11 Page 5 of 5