Motion to Take Judicial Notice

Motion to Take Judicial Notice

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DEFENDANT, by and through the undersigned attorneys, and pursuant to Section 90.202, Florida Statutes (2016), hereby requests that this Court take judicial notice of the following duly enacted ordinances and resolutions of a municipality:

  1. Code of Ordinances, City of West Palm Beach Beach, Florida, Chapter 19.5, Special Events and Festivals (2016);
  2. City of West Palm Beach Beach, Florida, Special Events Policies and Procedures, adopted on December 16, 2013, and amended/corrected on January 9, 2015;
  3. Code of Ordinances, City of West Palm Beach Beach, Florida, Chapter 3, Section 3-22 (2016).

Memorandum

Section 90.202, Florida Evidence Code, Matters which may be judicially noticed, states, in relevant part, that:

A court may take judicial notice of the following matters, to the extent they are not embraced within s. 90.201:

(10)  Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.

Based on the foregoing authorities, it is proper for this Court to take judicial notice of the related ordinances and resolutions described above.

This Motion is being filed with sufficient time before trial to provide the State of Florida with adequate notice.

WHEREFORE, Defendant, respectfully requests that this Court enter an Order judicially noticing the above-described matters.