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Ord 18-11ORDINANCE NO. 18-11 AN ORDINANCE OF THF, CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 132.09, "SI{~'~TEBOARDING AND THE LIKE PROHIBITED", TO PROVIDE CERTAIN AREAS IN WHICH SKATEBOARDING SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, skateboarding can cause damage to sidewalks, walkways, steps and other areas over which they traverse; and WHEREAS, skateboarding is a safety concern to residents and visitors; and, WHEREAS, skateboards have caused particular safety and damage concerns in the Old School Square Parking Garage and the Robert W. Federspiel Parking Garage; and WHEREAS, the City Commission has determined it to be in the City's best interest to prohibit skateboards in these areas. NOW, THEREFOKE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses against Public Peace and Safety", Section 132.09, "Skateboarding and the like Prohibited", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 132.09 SKATEB0,IRDING AND "I'H13 LIKE PROHIBITED. It shall be unlawful for any person upon roller skates, skateboards, bicycles or riding in or by any means of any coaster, toy vehicle, play vehicle or similar device: (A) With the exception of bicycles, to go upon any sidewalk along Atlantic Avenue between the Intercoastal Waterway on the east and I 95 on the west; (B)~ To operate said devices in the Old School Square Parking Garage, in the Robert W. Federspiel Parking Garage or an~parking,~arage owned by the City. ~ (C) To operate said devices in a reckless manner on any public sidewalk. No person shall ride a skateboard or roller skate on a sidewalk without exercising due care for the safety of others using the sidewalk. Andpenalty for violation of this Section shall be in accordance with Section 10.99 of the Code of Ordinances. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOP"1'1D in regular session on second and final reading on this e 2151 day of une 2011. MAYO ATTEST: • ~J City Clerk rirst Readin ~ ~~ Second Readin 2 ORD. NO. 18-11 ,.:.s ~~t legals ~ :: Saturday,lune ],1, 2011 ~ (561) 820-4343 The Patm Beach Post ~ PalmBeachPost.com 27E Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June l3, 2011 SUB.IECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JUNE 21, 2011 ORDINANCE NO. 18-11 Page 1 of 1 ITEM BEFORE COMMISSION This is before City Commission for second reading and public hearing to amend Chapter 132, "Offenses Against Public Peace And Safety", by amending Section 132.09, "Skateboarding and the Like Prohibited", to provide that skateboarding shall be prohibited in City-owned parking garages. BACKGROUND At first reading on June 7, 2011, the City Commission passed Ordinance No. 18-11. RECOMMENDATION Recommend approval of Ordinance No. 18-11 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4555&MeetingID=321 6/22/2011 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: June 1, 2011 SUBJECT: ArFNDA ITEM ~ 2 A -REGULAR COMMISSION MEETING OF JUNE 7, 2011 ORDINANCE NO. 18-11 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 18-11 amending Chapter 132, Section 132.09, Skateboarding and the Like Prohibited. BACKGROUND This Ordinance amends the boundaries in which the public may operate skateboards within the City limits of Delray Beach. Under the new ordinance, skateboards will now be prohibited in any parking garage owned by the City including the Robert W. Federspiel Parking Garage and the Old School Square Parking Garage. RECOMMENDATION The City Attorney's Office recommends approval. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4538&MeetingID=319[6/10/2011 12:22:00 PM] ORDINANCE NO.18-11 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES OF THE QTY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", TO PROVIDE CERTAIN AREAS IN WHICH SKATEBOARDING SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, skateboarding can cage damage to sidewalks, walkways, steps and other areas over which they traverse; and WHEREAS, skateboarding is a safety concern to residents and visitors; and, WHEREAS, skateboards have caused particular safety and damage concerns in the Old School Square Parking Garage and the Robert W. Federspiel Parking Garage; and WHEREAS, the City Corrunission has detem»ned it to be in the Cit}/s best interest to prohibit skateboards in these areas. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses against Public Peace and Safety', Section 132.09, "Skateboarding and the like Prohibited", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 132.09 SKATEBOARDING AND THE LIKE PROHIBITED. It shall be unlawful for any person upon roller skates, skateboards, bicycles or riding in or by any means of any coaster, toy vehicle, play vehicle or similar device: (A) With the exception of bicycles, to 8o upon any sidewalk along Atlantic Avenue bel~en the Intercoastal Waterway on the east and I 95 on the west; (B)1 (C) To operate said devices in a reckless manner on any public sidewalk No person shall ride a skateboard or roller skate on a sidewalk without exercising due care for the safety of others using the sidewalk Andpenalty for violation of this Section shall be in accordance with Section 10.99 of the Code of Ordinances. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a Court of competent j urisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 1&11