Ord 35-11ORDINANCE NO. 35 -11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, 'BOATS AND
BOATING ", BY AMENDING SECTION 92.15, "DOCKING LICENSE FOR
EXCURSION BOAT OPERATIONS ", SUBSECTION (E) "SHORT -TERM
AGREEMENT ", TO MODIFY THE PERMIT FEE; AND BY AMENDING
SUBSECTION (G) "USE OF DOCKS AT VETERANS PARK ", TO
INCREASE THE MOORING TIME; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to modify the rate structure
for permit fees and to increase the mooring time for excursion boats at Veterans Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 92, 'Boats and Boating ", Section 92.15, "Docking License for
Excursion Boat Operations ", subsection (E), [Short -Term Agreement] is hereby amended to read as
follows:
Section 92.15 DOCKING LICENSE FOR EXCURSION BOAT OPERATIONS
(E) [Short -Term Agreement] Upon approval of the license application by the Director of Parks
and Recreation, the person or firm shall enter into a short-term license agreement with the City. After
execution of the license agreement, the person or firm may obtain a permit to operate the excursion boat.
The fee for each permit is two hundred fifty de"ars ($250.00) three hundred dollars ($300.00) and
authorizes the operation of the excursion boat from Veteran's Park for a period of one day during the hours
of . 8:00 a.m. to 11:00 p.m.
Section 2. That Chapter 92, "Boats and Boating ", heading, "General Provisions ", Section
92.15, "Docking License for Excursion Boat Operations ", subsection (G), "[Use of Docks at Veterans
Park]" is hereby amended to read as follows:
Section 92.15 DOCKING LICENSE FOR EXCURSION BOAT OPERATIONS
(G) [Use of Docks at Veterans Park.] The municipal docks at Veterans Park may be used by the
excursion boat which has obtained a permit from the city. At the time the excursion boat is loading or
disembarking passengers, the captain of the boat shall remain within five (5) feet of the vessel. An
excursion boat shall not moor to the docks for longer than thk 0) sixt y (60 consecutive minutes.
Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby, repealed.
Section 3. That should any section or provision of this ordinance, or any portion thereof, or 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 4. That this ordinance shall become effective upon adoption on second and final reading.
PASSED AND ADOPTED in regular session on second and final readin on this the* day of
, 2011.
ATTEST: MAYOR
City Clerk O�
First Reading
Second Reading
2 ORD. NO. 35 -11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: September 22, 2011
SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 4 2011
ORDINANCE NO. 35-11
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading to approve amending Chapter 92, 'Boats and
Boating ", by amending Section 92.15, "Docking License for Excursion Boat Operations ", Subsection
(E), "Short-Term Agreement ", to modify the permit fee; and by amending subsection (G), "Use of
Docks at Veterans Park ", to increase the mooring time for excursion boats at Veterans Park.
BACKGROUND
At the first reading on September 20, 2011, the Commission passed Ordinance No. 35 -11.
RECOMMENDATION
Recommend approval of Ordinance No. 35 -11 on second and final reading.
http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 4950 &MeetinglD =331 10/3/2011
ORDINANCE NO. 35 -11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND
BOATING ", BY AMENDING SECTION 92.15, "DOCKING LICENSE FOR
EXCURSION BOAT OPERATIONS ", SUBSECTION (E) "SHORT -TERM
AGREEMENT ", TO MODIFY THE PERMIT FEE; AND BY AMENDING
SUBSECTION (G) "USE OF DOCKS AT VETERANS PARK ", TO
INCREASE THE MOORING TIME; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to modify the rate structure
for permit fees and to increase the mooring time for excursion boats at Veterans Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 92, "Boats and Boating ", Section 92.15, "Docking License for
Excursion Boat Operations ", subsection (E), [Short -Term Agreement] is hereby amended to read as
follows:
Section 92.15 DOCKING LICENSE FOR EXCURSION BOAT OPERATIONS
(E) [Short -Term Agreement] Upon approval of the license application by the Director of Parks
and Recreation, the person or firm shall enter into a short -term license agreement with the City. After
execution of the license agreement, the person or firm may obtain a permit to operate the excursion boat.
The fee for each permit is three hundred dollars ($300.00) and
authorizes the operation of the excursion boat from Veteran's Park for a period of one day during the hours
of . 8:00 a.m. to 11:00 p.m.
Section 2. That Chapter 92, "Boats and Boating ", heading, "General Provisions ", Section
92.15, "Docking License for Excursion Boat Operations ", subsection (G), "[Use of Docks at Veterans
Park]" is hereby amended to read as follows:
Section 92.15 DOCKING LICENSE FOR EXCURSION BOAT OPERATIONS
(G) [Use of Docks at Veterans Park.] The municipal docks at Veterans Park may be used by the
excursion boat which has obtained a permit from the city. At the time the excursion boat is loading or
disembarking passengers, the captain of the boat shall remain within five (5) feet of the vessel. An
excursion boat shall not moor to the docks for longer than thirty (30) sixty 60 consecutive minutes.
Section 2. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby, repealed.
Section 3. That should any section or provision of this ordinance, or any portion thereof, or 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 4. That this ordinance shall become effective upon adoption on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
.2011.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
2 ORD. NO. 35 -11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Linda R. Karch, Director of Parks and Recreation
THROUGH: David T. Harden, City Manager
DATE: September 16, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 20.2011
ORDINANCE NO. 35-11
ITEM BEFORE COMMISSION
The item before Commission is consideration of an ordinance amending Chapter 92, 'Boats and
Boating ", by amending Section 92.15, "Docking License for Excursion Boat Operations ", Subsection
(E) "Short-Term Agreement ", to modify the permit fee; and by amending subsection (G) "Use of Docks
at Veterans Park ", to increase the mooring time for excursion boats at Veterans Park.
BACKGROUND
This ordinance amendment is before Commission for approval to increase permit fees from $250 to
$300 per excursion and increase the operation hours from 9:00 a.m. - 10 p.m. to 8:00 a.m. - 11:00
p.m. for excursion boats at Veterans Park. The ordinance also increases the mooring time for excursion
boats from thirty (30) to sixty (60) consecutive minutes.
This permit fee rate increase has not been changed in several years and is compatible with other
municipalities. The change in time is at the request of the excursion boat operators.
RECOMMENDATION
Staff recommends approval of Ordinance No. 35 -11 on first reading.
http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemlD= 4939 &MeetingID =330 9/22/2011