Ord 26-04ORDINANCE NO. 26-04
AN ORDINANCE OF THE 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,
"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 cause damage to sidewalks, walkways, steps and other areas
over which they traverse; and
WHEREAS, skateboards have caused particular damage to the outside areas of Veterans
Park and Old School Square; and
WHEREAS, the City Commission has determined it to be in the City's best interest to
prohibit skateboards in these areas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
becfion 1. That Chapter 132, "Offenses against Pubhc 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 tiding in or by
any means of any coaster, toy vehicle, play vehicle or similar device:
With the exception of bicycles, to go upon any ddewalk along Atlantic Avenue
between State Road A1A on the east and 1-95 on the west: all sidewalks, walkways.
railings, steps, fountains, benches, structures, or any other improved surface located
in Veterans Park; all sidewalks, walkways, steps, railings, fountains, stage area or any
other improved surface located at Old School Square: or any other City owned
property or park or part thereof, in which signs prohibiting such use are posted.
03)
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.
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.
final reading.
That this ordinance shall become effective upon its passage on second and
~::~PASSED AND ADOPTED
day of
ATTEST:
in regular session on second and final reading on this the
,2004.
Acting City Clerk
First Reading
Second Reading
2 ORD. NO. 26-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # [~1 O-. -REGULAR MEETING OF JUNE22.2004
ORDINANI~E NO. 26-04
DATE: JUNE 18, 2004
This ordinance is before the City Commission for second reading to amend Chapter 132, "Offenses
Against Public Peace and Safety", of the Code of Ordinances by mending Section 132.09,
"Skateboarding and the like Prohibited", to provide certain areas in which skateboarding shall be
prohibited.
At the first reading on June 8, 2004 the Commission passed Ordinance No. 26-04.
Recommend approval of Ordinance No. 26-04 on second and final reading.
S:\City Clerk\agenda memos. Ord 26.04.Skat elxmrd.06.2Z 04
[lTV OF DELRII¥ BEI:IEH
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
DATE: May 27, 2004
MEMORANDUM
Writer's Direct Line: 561/243-7091
TO:
FROM:
David Harden, Ci_._i.i~Manager
I,,.....-..-.--~
Brian Shutt, Assistant City Attomey
SUBJECT: Skateboard Ordinance No. 26-04
The Commission discussed this proposed ordinance at its April 13, 2004 meeting.
The substance of the discussion centered on the issue of how broad should this
ordinance be. Should it apply only to Veterans Park and Old School Square or
should it also apply to other parks? The Commission gave direction to confer with
Joe Weldon to see if he is experiencing this problem in other parks.
After checking with Joe, it still appears that the only problem is in and around
Veterans Park, including the fountain, benches and railings. I have modified the
ordinance to prohibit skateboards on these other features in Veterans Park and
Old School Square as well as providing that skateboards shall be prohibited in any
areas in which signs are posted prohibiting skateboards which can apply to any
park that the City is experiencing a similar problem. This addresses the
Commissions concem that if other problem areas arise in the future, this ordinance
will not need to be amended each and every time to include the new area.
I have attached the revised ordinance for your review. Please give me a call if you
have any questions.
Attachment
Barbara Garito, City Clerk
Joe Weldon, Director of Parks and Recreation
ORDINANCE NO. 26-04
AN ORDINANCE OF THE 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,
"SKATEBOARDING AND THE LIKE PROHIBITED", TO
PROVIDE CERTAIN AREAS IN WHICH SKATEBOARDING
SHAIJ. BE PROHIBITED; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, skateboarding can cause damage to sidewalks, walk-rays, steps and other areas
over which they traverse; and
WHEREAS, skateboards have caused particular damage to the outside areas of Veterans
Park and Old School Square; and
WHEREAS, the City Commission has determined it to be in the City's best interest to
prohibit skateboards in these areas.
NOW, THEREFORE, 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 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:
With the exception of bicycles, to go upon any sidewalk along Atlantic Avenue
between State Road A1A on the east and 1-95 on the west: all sidewalks, walkways,
railin~os, steps, fountains, benches, structures, or any other improved surface located
in Veterans Park: all sidewalks, walkways, steps, railings, fountains, stage area or any
other improved surface located at Old School Square: or any other City. owned
property, or park or part thereof, in which signs prohibiting such use are posted.
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.
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.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2004.
ATI'EST:
MAYOR
Acting City Clerk
First Reading
Second Reading
2 ORD. NO. 26-04
www. bocanews.co~, eoca Rato~ ~ eWay eeach News - ,Satwday, Juno ~2, 2OO4 25
I00
I-~°~L NOT~.S