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
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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