| INTRODUCTION |
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| AN AMENDED ORDINANCE TO BE DESIGNATED
THE CONSUMER AFFAIRS ORDINANCE OF PALM BEACH COUNTY OF 1977;
PROVIDING DEFINITIONS OF TERMS; PROVIDING FOR UNFAIR OR DECEPTIVE
TRADE ACTS OR PRACTICES; PROVIDING FOR THE CREATION OF A CONSUMER
AFFAIRS BOARD; PROVIDING FOR THE POWERS OF CONSUMER AFFAIRS BOARD;
ESTABLISHING THE CONSUMER AFFAIRS OFFICE; CREATING AN EXECUTIVE
DIRECTOR; PROVIDING FOR ASSURANCES OF VOLUNTARY COMPLIANCE;
PROVIDING FOR CEASE AND DESIST ORDER; PROVIDING FOR ADMISSIBLE EVIDENCE;
PROVIDING FOR BOARD ORDER; PROVIDING FOR JUDICIAL REVIEW OF BOARD
ACTIONS; PROVIDING FOR ENFORCEMENT; CREATING A CONSUMER ADVOCATE;
PROVIDING FOR THE ADOPTION BY REFERENCE OF CERTAIN STATUTES; PROVIDING
FOR RETENTION OF OTHER RIGHTS AND REMEDIES; PROVIDING FOR EXEMPTIONS
FROM THIS ORDINANCE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR APPLICABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. |
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| WHEREAS, Section 125.01, Florida Statutes, as amended,
authorizes the Board of County Commissioners of Palm Beach County
to provide and maintain for the citizens and visitors of said
County, standards which will insure their health, welfare, and
well being; and |
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| WHEREAS, the protection of the citizens and visitors
of Palm Beach County from unfair and deceptive trade acts or
practices is necessary in the general interest of the public and
to promote the general welfare; and |
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| WHEREAS, Section 125.01, Florida Statutes, provides that the
Board of County Commission may adopt ordinances and resolutions
as may be necessary to the exercise of their powers; and |
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| WHEREAS, the existence of previously unforeseen deceptive
business practices has come to the attention of the Board of
County Commissioners; and |
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| WHEREAS, it is the intent of the Board of County Commissioners
of Palm Beach County to improve consumer protection in Palm Beach
County while maximizing the efficient utilization of available
resources: |
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| NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA: |
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| TITLE |
| This Ordinance shall be designated and may be cited as the
(Amended) Consumer Affairs Ordinance of Palm Beach County of 1977. |
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| SECTION 1. DEFINITIONS |
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| The following words when used in this ordinance shall have
the following meanings ascribed to them unless the text
requires or specifies a different meaning: |
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| A. "Person" shall include, where applicable, natural
persons, corporations, trusts, partnerships, incorporated
or unincorporated associations, and any other legal entity whatsoever. |
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| B. "Consumer" shall mean a purchaser or lessee or
prospective purchaser or lessee of consumer goods or services or
consumer credit, including a co-obligor or surety. |
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| C. "Consumer goods, services, credit and debts" shall
mean goods, services, credit and debts which are primarily for personal,
household, or family purposes. |
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| D. "Consumer transaction" shall mean a sale, lease,
assignment award by chance or other commercial disposition of any item
of goods, a consumer service, or an intangible instrument or commodity,
to any individual for purposes that are primarily personal, family
or household, or that relate to a business opportunity that requires
either the consumer's expenditure of money or property and/or his or
her personal services on a continuing basis and in which he or she
has not been previously engaged, or solicitation by a supplier with
respect to any of the foregoing dispositions. |
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| E. "Unfair or deceptive trade acts or practices" shall mean
unfair methods of competition and unfair deceptive acts or practices in the
conduct of any consumer transaction and shall include but are not limited
to the following: |
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(1)
Representations that goods or services have sponsorship, approval, characteristics, ingredients, uses,
benefits, or quantities which they do not have;
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(2) Representations that a person or supplier has a sponsorship, approval,
status, affiliation or connection which he or she does not have;
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(3) Representations that goods are original or
new if in fact they are not, or if they are deteriorated,
altered, reconditioned, reclaimed, or second-hand;
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(4) Representations that goods are of a particular standard, brand,
quality, style, or model, if they are of another;
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(5) Representations that goods or services are those
of another, if they are not;
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(6) Using deceptive representations or designations of geographic origin
in connection with goods or services;
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(7) Advertising goods or services intending not to sell them as advertised;
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(8) Advertising goods or services with intent not to
supply reasonable expectable public demand, unless the advertisement
discloses a limitation of quantity;
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(9) Making false or misleading statements concerning the need for, or
necessity of, any goods, services, replacements, or repairs;
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(10) Disparaging the goods, services, or business of
another by false or misleading representations of fact;
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(11) Making false or misleading statements of fact concerning the reasons
for the existence of, or amounts of price reductions;
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(12) Failing to return or refund deposits or advance payments for goods not
delivered or services not rendered, when no default or further
obligation of persons making such deposits or advance payments exists;
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(13) Taking consideration for goods or services intending not to deliver
such goods or perform such services, or intending to deliver goods or
provide service materially different from those ordered or sold;
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(14) Making false or misleading statements concerning the profitability, risk, or
any other material aspect of any home-operated business opportunity or venture;
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(15) Offering gifts, prizes, free items, or other gratuities, intending not to provide
them as offered in connection with a sale of goods or services to a consumer;
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(16) Making false or misleading statements concerning the existence, terms, or
probability of any rebate, additional goods or services, commission, discount
offered as an inducement for the sale of goods or services;
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(17) Using physical force, threat of physical force, or coercion in dealing
with consumers;
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(18) Any violation of the Florida Deceptive and Unfair Trade Practices Act,
Section 501.201 et seq., Florida Statutes;
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(19) Advertising, representing, or offering for sale an article of food or
food product as "kosher" or having the word "kosher" in any language
inscribed thereon if such food is not in fact kosher as sanctioned by
orthodox Hebrew religious requirements, and
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(20) Selling or exposing for sale in any hotel, restaurant or other place
where food products are sold for consumption on the premises, any meat
or meat preparation, or article of food, or food preparation falsely
representing the same to be kosher or as having been prepared in
accordance with the orthodox Hebrew religious requirements when the meat
or meat preparation, article of food or food preparation is not kosher
or not prepared in accordance with orthodox Hebrew religious requirements;
or selling or exposing for sale in such hotel, restaurant or such other
place kosher and non-kosher food or food preparation, the latter having
not been prepared in accordance with Jewish ritual or not sanctioned by the
Hebrew orthodox religious requirements and failing to conspicuously display
a sign or other public notice in block letters at least four inches in height
"kosher and non-kosher food served here;" or displaying within or outside such
hotel, restaurant or other place, words or letters in Hebraic characters or any
sign, emblem, insignia symbol or mark in simulation of same, the display of
which might reasonably be calculated to deceive or lead a reasonable person
to believe that a representation is being made that all food sold or offered
for sale on the premises is kosher and prepared in accordance with the
orthodox Hebrew religious requirements if such is not true of all the food
products sold on the premises.
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| F. "Merchant" means a seller,
lessor, creditor or any person who makes available either directly or
indirectly, goods, services, or credit to consumer. "Merchant" shall
include manufacturers, wholesalers, or others who are responsible for
any unfair or deceptive trade acts or practices as defined in this Ordinance. |
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| G. "Board" shall mean the
Consumer Affairs Hearing Board of Palm Beach County. |
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| H. "Office" shall mean the
Consumer Affairs Office of the County. |
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| I. "Director" shall mean
the executive director of the Consumer Affairs Office. |
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| J. "Consumer Advocate"
shall mean the Assistant County Attorney designated to assist
the Office of Consumer Affairs. |
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| SECTION 2. UNFAIR OR DECEPTIVE TRADE ACTS OR PRACTICES |
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| No person shall engage in any unfair method of competition or deceptive
act or practice in the conduct of any consumer transaction. A person
engages in an unfair method of competition or deceptive trade act or
practice when in the course of his or her business, vocation or occupation,
he or she knows or in the exercise of care should know, that he or she in
the past engaged or is now engaging in any unfair method of competition or
deceptive acts or practices in the conduct of any trade or commerce as herein
defined. |
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| SECTION 3. CONSUMER AFFAIRS HEARING BOARD |
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| A. A Palm Beach County Consumer
Affairs Hearing Board is hereby created and established. The members of this
Board shall be citizens of the United States and qualified electors of Palm Beach County.
Members of this Board shall not hold any other public office or public employment,
and shall not be interested financially in the profits or emoluments of any
contract, work or service for the county. While serving as a member of the Consumer
Affairs Hearing Board, no member shall become a candidate for election to, or hold
any other public office, and shall not be a member of any national, state or
local committee of a political party, or take part in any campaign, except to exercise
his opinions and cast his vote. Members shall abstain from voting on any matter in
which they have a financial interest with Palm Beach County or any person or agency
acting for Palm Beach County. |
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| B. The Consumer Affairs Hearing Board
shall consist of nine (9) members appointed by the entire Board of County Commissioners.
In order to provide continuity, initial appointments shall be for staggering terms as
follows: three (3) members for one (1) year terms, three (3) members for two (2) year
terms, and three members (3) for three (3) year terms. All appointments thereafter
shall be for a period of two (2) years unless removed for grounds hereinafter stated.
Each member shall be eligible for reappointment and shall hold office until his successor
is duly appointed and qualified. No member shall serve more than a total of
six (6) years. Vacancies shall be filled for the un-expired term. Members serve
without compensation. |
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| The composition and representative membership of
the Hearing Board shall be as follows: |
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(1) At least one (1) member shall be an
attorney, licensed to practice in the State of Florida, who shall be a member of
the Palm Beach County Bar Association.
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(2) At least one (1) member shall be a
business-person, or retired businessperson, who may be recommended to the Board
of County Commissioners by any Chamber of Commerce in Palm Beach County.
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(3) At least one (1) member shall be a
certified general, building or residential contractor, who resides and does business
in Palm Beach County. This individual should be knowledgeable of home building and
may be recommended to the Board of County Commissioners by the Home Builders and
Contractors Association, the Associated Builders and Contractors Association,
the Florida Atlantic Builders Association, Association of General Contractors
of America, or a similar organization.
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(4) At least one (1) member, who may be
retired, who is a resident of Palm Beach County with at least five (5) years
experience in the operation or management of a business.
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(5) At least three (3) members shall be residents
of Palm Beach County interested in Consumer Affairs, and
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(6) The remaining two (2) members may be
selected on the basis of their expertise or knowledge in technical fields relating
to consumer transactions. Examples of individuals with such expertise would include
persons with experience in the Plumbing and Air-conditioning Contractors Industry
Fund, the Florida Electronic Service Agents, the electrical industry, the automotive
industry or similar industry.
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| C. Any member of the Consumer Affairs
Hearing Board may be removed from office by majority vote of the entire membership
of the Board of County Commissioners for malfeasance, misfeasance, or nonfeasance
in office, upon specific charges filed with the Commission. However, before a member
may be removed, he or she must be served with a copy of the charges filed against him
or her at least ten (10) days before action thereon by the Commission and given an
opportunity to be heard in person, or by counsel, at a public hearing, if requested
in writing. Any member of the Consumer Affairs Hearing Board shall be automatically
removed from office upon three (3) consecutive unexcused absences from duly called Board
meetings. |
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| D. The members of the Consumer Affairs Hearing
Board shall elect a Chairman. The Hearing Board must have at least five (5) members
present to constitute a quorum. Hearings may be called by either the Chairman, the Executive
Director or upon written notice signed by at least five (5) members of the Hearing Board.
At any hearing, the Board may fix and call a hearing on a future date. All hearings shall be
public. Hearings of the Consumer Affairs Hearing Board shall be held no less frequently than
once every one hundred and twenty (120) days. In the event there are no proposed violations
of the Ordinance to resolve, the Executive Director of Consumer Affairs shall submit to the
Hearing Board, a status report on the pertinent activities of the Palm Beach County Office of
Consumer Affairs. |
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| E. Any appeal of a decision rendered by the
Consumer Affairs Hearing Board regarding a violation of Chapter 501 shall be directed
to the Florida State Department of Legal Affairs with subsequent judicial review through
the District Courts of Appeal. Adjudications of the Consumer Affairs Hearing Board of
substantive violations of this Ordinance shall be appealed to the Circuit Court of the
fifteenth Judicial Circuit by Writ of Certiorari. |
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| SECTION 4. POWERS OF THE CONSUMER AFFAIRS HEARING BOARD |
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| The Board shall have the following authority and powers: |
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(1) To carry out the adjudicatory functions
pertaining to alleged unfair or deceptive trade acts or practices as provided for in Section
11 of this Ordinance;
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(2) To assist, advise and cooperate with the Board
of County Commissioners and local, state and federal agencies and officials to protect
the interests of the consumer public;
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(3) To render decisions or take action in the name
of the Board only upon approval of a majority of the quorum of members of said Board;
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(4) To hear appeals by persons aggrieved by actions
of the Office of Consumer Affairs not already referred to the State Attorney for criminal prosecution.
The Board shall reach a prompt decision on such appeals, and may affirm, reverse or modify the action
or decision on all such appeals, and may affirm, reverse or modify the action or decision appealed from,
provided that such decision shall not be in conflict with the provisions of this Ordinance; and
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(5) To exercise and perform such other functions,
powers and duties as may be deemed necessary or appropriate to protect and promote the welfare
of Palm Beach County consumers.
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| SECTION 5. CONSUMER AFFAIRS OFFICE |
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| There is hereby created the Consumer Affairs Office as a division of the County. |
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| SECTION 6. EXECUTIVE DIRECTOR OF THE CONSUMER AFFAIRS OFFICE |
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| The Executive Director of the Consumer Affairs Office shall be a County employee under the
supervision and control of the County Administrator of Palm Beach County. |
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| SECTION 7. POWERS OF EXECUTIVE DIRECTOR |
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| The functions and powers of the Executive Director of the Consumer Affairs
Office shall include the following: |
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(1) To receive complaints from all persons
complaining of unfair or deceptive trade acts or practices as defined in this Ordinance;
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(2) To represent the interests of consumers before
administrative and regulatory agencies and legislative bodies;
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(3) To enforce the provisions of this Ordinance;
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(4) To investigate complaints, institute actions
and proceedings under this Ordinance;
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(5) To conduct appropriate surveys and inspections
to determine whether the provisions of this Ordinance are being complied with;
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(6) To report to the appropriate law enforcement
officers any information concerning violations of any consumer protection law;
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(7) To render annual reports to the Board of County Commissioners as to the number of
complaints filed, the nature thereof and the disposition thereof and other relevant
activities of the office and the Board undertaken during the previous year;
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(8) To publicize and disseminate information to the
public concerning consumer affairs and to recommend methods for improvement thereof;
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(9) To enlist and encourage public support, and the
assistance of civic organizations and the cooperation of business enterprises and
organizations in consumer affairs;
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(10) To make periodic reports concerning the status
of consumer affairs in Palm Beach County and the enforcement of the provisions of this Ordinance,
and recommendations concerning consumer protection. Such reports shall be made to the
Consumer Affairs Hearing Board and to the Board of County Commissioners of Palm Beach County;
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(11) To prepare assurances of voluntary compliance
as provided for in Section 8 of this Ordinance;
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(12) To assist, develop and conduct programs of
consumer education and information through public hearings, meetings, publications or
other materials prepared for distribution to the consumer; and
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(13) To file with the Consumer Affairs Hearing Board
complaints for which he or she has determined there are grounds to believe an unfair or deceptive
trade act or practice has occurred.
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| SECTION 8. ASSURANCE OF VOLUNTARY COMPLIANCE |
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| In the enforcement of this Ordinance, the Director may accept an
assurance of voluntary compliance with respect to any method, act, or
practice deemed to be violative of law from
any person who has engaged, or was about to engage in, such
method, act, or practice. Any such assurance shall be a
formal written agreement between the Office of Consumer
Affairs and the merchant, approved as to form and legal
sufficiency by either the Consumer Advocate or the County
attorney, and filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit.
Such assurances of voluntary compliance may be conditioned on a commitment
to reimburse consumers or any other appropriate corrective action such as the
voluntary payment by the merchant of the costs of the investigation by the Office of Consumer Affairs.
An assurance is not evidence of prior violation of this part, however, unless an assurance has been rescinded by
agreement of the parties or voided by the Court for good cause, subsequent failure to comply with the
terms of an assurance shall be deemed prima facie evidence of a violation of this Ordinance. No such assurance
shall act as a limitation upon any action or remedy available to a person aggrieved by a violation of this Ordinance.
Every merchant desiring to negotiate an assurance of voluntary compliance shall be apprised of his or her right to
have his or her case heard by the Consumer Affairs Hearing Board in the event he or she does
not wish to enter into such assurance of voluntary compliance. |
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| SECTION 9. OPERATING PROCEDURES |
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| A. Any consumer may make or file a complaint stating the name and address (if known) of
the person alleged to have committed the violation complained of and the particulars
thereof, and such other information as may be required by the Office of Consumer Affairs. |
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| B. Upon the filing of a complaint, the Executive
Director shall cause such investigation as he or she deems appropriate to be made. If the Executive
Director determines that there are reasonable grounds to believe a violation has occurred, he or she
may attempt to conciliate the matter through conferences with all interested parties and such
representatives as the parties may choose to assist them. |
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| C. If the Executive Director determines that there are
no reasonable grounds to believe that a violation has occurred, he or she may dismiss the complaint
or order such further investigation as may be necessary. |
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SECTION 10. CEASE AND DESIST ORDER
(Notice of Non-Compliance) |
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| If the Director, after due investigation, has reason to believe that a person has been
or is violating any of the provisions of this Ordinance, then the Director shall cause
to be served upon such person a demand to cease and desist, stating the charges and
containing a Notice of Hearing to be held not sooner than ten (10) days and not later
than thirty- one (31) days after service of the demand. |
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| (1) Official Notice of Hearing, which shall be by
personal service, certified mail or posting in a conspicuous place at the merchant's
place of business, shall incorporate and set out the following: |
(a) The name of the complainant;
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(b) The alleged charge and approximate date of the commission of the act;
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(c) The section of the ordinance alleged to be involved;
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(d) Notification as to the time and place of the Board hearing which shall be
held not sooner than ten (10) days and not later than thirty-one (31)days
after service of the demand;
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(e) Notice to the respondent that he or she may be represented by counsel,
and that he or she may bring all original documents and other data
pertinent to the case; and,
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(f) That he or she will be given an opportunity to
present witnesses and evidence he or she may deem appropriate.
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SECTION 11. ORDER TO SHOW CAUSE
(Board Hearing) |
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| The person so complained of shall have the right to appear at the place and time so
fixed and show cause why the demand for the cease and desist order should not be
upheld by the Hearing Board. |
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| SECTION 11 A. EVIDENCE |
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| A. The Board shall give probative effect to the evidence
which would be admissible to civil proceedings in the courts of this state,
but in receiving evidence due regard shall be given to the competent,
reliable and technical evidence which will aid the Board in making a fair
determination of the matter, regardless of the existence of any common law or
statutory rule which might otherwise make improper the admission of such evidence. |
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(1) Hearsay evidence may be used for the purpose of
implementing or explaining any direct evidence but shall not be sufficient in itself to support
a finding unless it would be admissible in a civil action.
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(2) The rules of privilege shall be effective to the same extent that they are now
or hereafter may be recognized in civil actions.
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(3) Irrelevant and unduly repetitious evidence shall be excluded.
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(4) At the hearing the parties may present testimony and evidence, and the right to
cross examine witnesses shall be preserved. All testimony and evidence shall be
given under oath or by affirmation.
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(5) The Board shall keep a full record of the hearing, which record shall be public
and open to inspection by any person, and upon request by any principal party to the
proceedings the Board shall furnish such party a copy of the hearing record, at
such cost as the Commission deems appropriate.
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| B. The general procedure for the hearing shall be as set forth above and as well,
each party shall have the following rights: |
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(1) To call and examine witnesses;
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(2) To introduce exhibits;
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(3) To cross examine opposing witnesses on any relevant matter even though the
matter was not covered under direct examination;
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(4) To impeach any witness regardless of which party first called him or her to testify; and
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(5) To rebut the evidence.
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| SECTION 11 B. BOARD ORDER |
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| A. After due public hearing,
the Board shall issue its order based on the greater weight of evidence, either
issuing an Order to Cease and Desist or dismissing the demand. Any Order to
Cease and Desist shall contain any findings of fact supporting the order and
recommendations for compliance the Board may have. The Order to Cease and Desist
shall contain an order of abatement framed in the manner of a writ of injunction. |
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(1) If, at the conclusion of the hearing, the Board orders a dismissal of the demand, and that
the person complained against has not violated this Ordinance, the Board shall so state and
shall publish its findings and issue its order dismissing the demand.
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| B. To establish a cause of action under
this Ordinance it need not be shown that consumers were actually injured. |
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| SECTION 12. ENFORCEMENT |
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| A. It shall be the duty and responsibility of all law enforcement officials to
assist in the enforcement of this Ordinance to the extent that it is within
their jurisdiction to do so. |
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| B. In addition to the procedures
established elsewhere in this Ordinance, at any time after a complaint has been filed,
in order to preserve the status quo or to prevent irreparable harm, the Executive Director
may take whatever action is necessary to preserve such status quo or to prevent such
irreparable harm, including, but not limited to, seeking temporary restraining orders and
preliminary injunctions, without bond. |
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| C. Whenever any person
has engaged in any acts or practices which constitute violations of any provision of this
Ordinance, the Consumer Advocate, on behalf of the Board of County Commissioners of
Palm Beach County, may make application to the Circuit Court of the Fifteenth Judicial
Circuit for an order enjoining such acts or practices and for an order granting a
permanent injunction, restraining order, or other order enjoining such acts or practices;
said orders to be granted without bond. |
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| SECTION 13. CONSUMER ADVOCATE |
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| A. The County Attorney
of Palm Beach County shall designate one Assistant County Attorney to serve as the Consumer
Advocate. Said person shall serve as the prosecuting attorney for the Board and Office of
Consumer Affairs and shall assist in the negotiation of, and preparation of assurances of
voluntary compliance. Said person, when requested, shall assist in the supervision of
investigations and shall render such additional assistance as may be requested by the
Chairman of the Board and/or Executive Director. |
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| B. All legal-style
documents used either by the Director, Hearing Board, or the Office of Consumer
Affairs shall be stamped and signed by the County Attorney as to form and legal
sufficiency. |
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| SECTION 14. ADOPTION BY REFERENCE OF CERTAIN STATUTES |
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| A. All statutes of the State
of Florida and rules adopted there under defining and prohibiting false advertising and
offenses relating to consumer protection, trade standards, and weights and measures,
defined by State law, are adopted and incorporated by reference as part of this article
to the same extent and the same effect as if the provisions of each such statute were
set out in full herein, defining and prohibiting each such offense against the State to be
prohibited by, or an offense in violation of this Ordinance. This shall include, but is
not limited to Part II of Chapter 501, Florida Statutes, and all rules adopted pursuant
to Section 501.205, Florida Statutes. Chapter 817, Florida Statutes is hereby adopted by
reference. It is the intent of this Ordinance that due consideration and great weight be
given to the interpretation of the Federal Trade Commission and the Federal Courts relating
to Section 5(a) (1) of the Federal Trade Commission Act (15 U.S.C.45 (a)(1)), as from time to
time amended. |
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| B. Rules having the force and effect
of law as authorized under Sections 4, 5, and 6 of the Fair Packaging and Labeling Act(P.L.
89-755) that supersede state and local laws which are less stringent than or require
information different from said Act, are hereby adopted by reference, as published in the
Federal Register as part of this Ordinance. No person shall distribute or cause to be
distributed, offer for sale, or sell in this County, any packaged consumer commodity
unless in conformity with the Fair Package and Labeling Act and/or the rules which
shall be established by the promulgating authority. |
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| SECTION 15. OTHER RIGHTS AND REMEDIES |
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| Nothing herein shall prevent any person from exercising any right or seeking any \
private remedy to which he might otherwise be entitled, or from filing any complaint
with any other agency. |
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| SECTION 16. EXEMPTIONS |
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| Nothing in this Ordinance shall apply to any television or radio broadcasting station
or to any publisher or printer of a newspaper, magazine, or other form of printed
advertising, which broadcasts, publishes, or prints such advertisements, except insofar
as said station or publisher or printer is guilty of deception in the sale, or in
the offering for sale of its own services, or to actions or transactions regulated
under laws administered by the Florida Public Service Commission. |
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| SECTION 17. INCLUSION IN CODE |
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| It is the intention of the County Commission, and it is hereby ordained, that the
provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Palm Beach County, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and that the word
"ordinance" may be changed to "section," "article," or other appropriate word. |
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| SECTION 18. APPLICABILITY |
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| It is hereby provided that this Ordinance shall constitute a uniform law applicable
to all the unincorporated and incorporated areas of Palm Beach County, Florida,
to the extent permitted by the Florida Constitution, Article VIII, Section 1. |
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| SECTION 19. REPEALING LAWS IN CONFLICT HEREWITH |
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| All special laws applying to and within this County and general laws applying only
to this County, and any general law which this Board of County Commissioners is
specifically authorized by Article VIII of the Florida Constitution to supersede,
nullify or amend, or any part of such ordinances, resolutions or laws, in conflict
with any provision of this Ordinance, are hereby repealed. |
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| SECTION 20. SEVERABILITY |
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| If any section, sub-section, sentence, clause or provision of this Ordinance is held
invalid, the remainder of this Ordinance shall not be affected by such invalidity. |
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| SECTION 21. PENALTIES |
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| Violations of this Ordinance shall be punishable as a misdemeanor in accordance with Section
125.69, Florida Statutes. Each day of a continuing violation shall be considered a separate
offense punishable by a fine of up to Five Hundred Dollars ($500.00) or sixty (60) days
imprisonment in the County Jail. |
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| SECTION 22. EFFECTIVE DATE |
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| The provision of this Ordinance shall become effective upon receipt from the Florida Department
of State of official acknowledgment that this Ordinance has been filed with the Department of State. |
| PASSED AND ADOPTED: This 27th day of December, 1977. |
Divisions
