Town of Palm Beach v. Carter

McCAIN, Judge.

Petitioner, Town of Palm Beach, seeks certiorari to review an order of the circuit court reversing conviction of respondent in the municipal court for violation of its ordinance found by the circuit court to be unconstitutional and invalid as an unreasonable exercise of petitioner’s police power.

Without attempting precocious wisdom, we disagree with the circuit court.

The ordinance in question provides as follows:

“Sec. 8.12-1 Surfboards and Skimmers; Use Prohibited.

It is hereby declared to be unlawful for a person to use or operate a surfboard, or a device known as a skimmer upon…