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Ord 21-01ORDINANCE NO. 21-0~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING HEADING, "GENERAL PROVISIONS", SECTION 92.10, "MOORING TO PUBLIC PROPERTY", TO SPECIFY THE LENGTH OF TIME A PERSON IS PERMITTED TO DOCK AT VETERANS PARK, LIMITING THE USE OF CERTAIN CITY FACILTIES IN VETERANS PARK AND REFERENCING L.D.R. SECTION 4.3.3(U) RESTRICTING LIVE ABOARD VESSELS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach is interested in assuring that all citizens of the City of Delray Beach have an opportunity to dock at Veterans Park; and, WHEREAS, boaters who are aware of the time limitation on docking, sometimes leave the dock and return repeatedly in the same day exceeding the time limits and restricting the use of the dock by others; and, WHEREAS, the intent of the original ordinance which is being modified by this ordinance is that the time restriction shall be for a one day period; and, WHEREAS, the City does not encourage people to dock at Veterans Park for more than 21 hours in any one week; and, WHEREAS, the City has determined the dock at Veterans Park is unique because of its proximity to the Atlantic Avenue Bridge and Downtown and the proximity to a heavily used park which requires control of the use of the dock to preserve the navagatability of other vessels in the area near the Atlantic Avenue Bridge and to preserve the public health from polluting discharges into the Intracoastal Waterway. 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", heading, "General Provisions", Section 92.10, "Mooring to Public Property", is hereby amended to read as follows: Section 92.10 MOORING TO PUBLIC PROPERTY It shall be unlawful for any person or firm to moor any boat to any real or personal property which is owned or leased by the city, or which has been dedicated to the public use, with the exception of mooring at Knowles Park, Veterans Park and the City's marina as provided for in this section: (1) City Marina. Mooring at the city marina is only permitted pursuant to Sections 92.03, et. seq, of the City of Delray Beach Code of Ordinances. Excursion boats may not operate from the city marina. (2) Knowles Park. An owner or operator may temporarily moor a watercraft at Knowles park for the purposes placing a boat into and removing a boat from the Intracoastal Waterway. Excursion boats may not operate fi.om Knowles park. (3) Veterans Park. /.g) Temporary docking in designated areas is permitted at Veterans Park for up to two three hours in any one-day period. Docking at the Veterans Park Dock, shall not exceed (b) Persons docking a vessel at Veterans Park are prohibited from using electricity or other utilities belonging to the Ci_ty and are prohibited from discharging any unsanitary material into the intracoastal waterway while moored. (4) Live Aboard Vessels, as defined by Florida Statutes Ch. 327 are regulated by Section 4.3.3(13) of the Land Development Regulations, and prohibited unless expressly permitted in the Land Development Regulations or the Code of Ordinances. Section 2. hereby, repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are 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. reading. That this ordinance shall become effective upon adoption on second and final 2 ORD. NO. ,,~/-° I ASSED AND ADOPTED in regular sessign on second and final reading on this.the/"~"' ATTEST: M A Y O R City Clerk First Reading 4///7/o / Second Reading __ day of 3 ORD. NO.~ I-O! MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM /~9. ~ - REGULAR MEETING OF MAY 1, 2001 ORDINANCE NO. 21-01 (DOCKING AT VETERANS) APR]~ 27, 2001 This is second reading and public hearing for Ordinance No.21-01 prohibiting prolonged dockage at Veterans Park, and also the use of City electricity and other utilities while docking. Ordinance No. 21-01 includes an increase in the mooring time at Veterans Parkto three 0) hours in any one-day or 21 hours in any one-week period. It also prohibits the use of City electricity and other utilities belonging to the City or discharging of any unsanitary material while moored. Included in this ordinance are references to the restrictions regarding Live Aboard Vessels, as defined by Florida Statutes Chapter 327 and Section 4.3.3 (LO currently contained in the Land Development Regulations. At first reading on April 17m, the City Commission passed the ordinance by a unanimous vote. Recommend approval of Ordinance No. 21-01 on second and final reading. Ref'.Agmemo 14.Ord21-01.DockingatVeteranPark.2~a Reading.05-01-01 [ITY OF DELRI:IY BEI:IgH CiTY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 MEMORANDUM ~ll.tbm.,ica i~ DATE: 1993 FROM: April 6, 2001 City Commission David Harden, City Manager Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 21-0 1- Docking at Veteran's Park Our office has reviewed the Florida Statutes in respect to Chapter 92 of the City's Code of Ordinances to determine the extent of permissible regulation. Florida Statutes 327.60 precludes local govemments from regulating the anchorage of non- live-aboard vessels engaged in the exercise of rights of navigation. There are no Florida cases interpreting the "tights of navigation". The Attorney General has opined that tights of navigation include incidental tights such as the tight to anchor and to moor. (127 Op. Atty. Gen. 1985). The Attorney General also refers to the concurrent tights of others not to be unreasonably obstructed in the pursuit of their rights of navigation. A case from Michigan holds that the public right of navigation does not include, as incident thereto, the right to anchor indefinitely. (Hall v. Wantz, 57 N.W.Ed 462 (Mich. 1953). It is our office's opinion that prohibiting indefinite anchorage at Veteran's Park would not interfere with the rights of navigation of a person. To the contrary, providing for indefinite anchorage at Veteran's Park would interfere with the rights of navigation of others who also have an incidental tight to moor at Veteran's Park. The ordinance, as submitted, includes an increase in the mooring time at Veteran's Park to 3 hours in any one-day or 21 hours in any one-week period. The ordinance as amended, prohibits the use of City electricity and other utilities belonging to the City or discharging any unsanitary material while moored. Further, the ordinance references the restrictions regarding Live Aboard Vessels, as currently contained in the Land Development Regulations. Please place this matter on the April 17, 2001 City Commission agenda for first reading. Please call if you have any questions. cc: Barbara Garito, Acting City Clerk Joe Weldon, Director of Parks and Recreation Paul Dorling, Director of Planning Cathy Kozol, Police Legal Advisor Lieutenant Mark Woods, Delray Beach Police Department ( : . ORDINANCE NO. 21-0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING HEADING, "GENERAL PROVISIONS", SECTION 92.10, "MOORING TO PUBLIC PROPERTY", TO SPECIFY THE LENGTH OF TIME A PERSON IS PERMITTED TO DOCK AT VETERANS PARK, LIMITING THE USE OF CERTAIN CITY FACILTIES IN VETERANS PARK AND REFERENCING L.D.R. SECTION 4.3.3(U) RESTRICTING LWE ABOARD VESSELS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach is interested in assuring that all citizens of the City of Delray Beach have an opportunity to dock at Veterans Park; and, ~VHEREAS, boaters who are aware of the time limitation on docking, sometimes leave the dock and return repeatedly in the same day exceeding the time limits and restricting the use of the dock by others; and, WHEREAS, the intent of the original ordinance which is being modified by this ordinance is that the time restriction shall be for a one day period; and, WHEREAS, the City does not encourage people to dock at Veterans Park for more than 21 hours in any one week; and, WHEREAS, the City has determined the dock at Veterans Park is unique because of its proximity to the Atlantic Avenue Bridge and Downtown and the proximity to a heavily used park which requires control of the use of the dock to preserve the navagatability of other vessels in the area near the Atlantic Avenue Bridge and to preserve the public health from polluting discharges into the Intracoastal Waterway. 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", heading, "General Provisions", Section 92.10, "Mooring to Public Property", is hereby amended to read as follows: Sbction 92.10 MOORING TO PUBLIC PROPERTY It shall be unlawful for any person or firm to moor any boat to any real or personal property which is owned or leased by the city, or which has been dedicated to the public use, with the / exception of mooring at Knowles Park, Veterans Park and the City's marina as provided for in this section: (1) City Marina. Mooring at the city marina is only permitted pursuant to Sections 92.03, et.seq, of the City of Delray Beach Code of Ordinances. Excursion boats may not operate from the city marina. (2) Knowles Park. An owner or operator may temporarily moor a watercraft at Knowles park for the purposes placing a boat into and removing a boat from the Intracoastal Waterway. Excursion boats may not operate from Knowles park. (3) Veteran~ Park. [_a_) Temporary docking in designated areas is permitted at Veterans Park for up to t';.'c, three hours in any one-day period. Docking at the Veterans Park Dock, shall not exceed 21 hours in a week. For ~v ;~ ~,.,,,, .... ~;,a, ,~ '~- at xro, ...., ............................. or .............. Park, (b) Persons docking a vessel at Veterans Park are prohibited from using electricity or other utilities belonging to the City and are prohibited from discharging any unsanitary material into the intracoastal waterway while moored. (4) Live Aboard Vessels, as defined by Florida Statutes Ch. 327 are regulated by Section 4.3.3(U) of the Land Development Regulations, and prohibited unless expressly permitted in the Land Development Regulations or the Code of Ordinances. Section 2. hereby, repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are 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. reading. That this ordinance shall become effective upon adoption on second and final 2 ORD. NO. 21-01 PASSED AND ADOPTED in regular session on second and final reading on this the ., 2001. ATTEST: MAYOR day of City Clerk First Reading Second Reading 3 ORD. NO. 21-Ol 'S CI Y ATTORk.Y OFFICE DELRAY BEACH DATE: lg93 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278.4755 MEMORANDUM April 6, 2001 City Commission David Harden, City Manager Susan A. Ruby, City Attomey SUBJECT: Ordinance No. 21-0 1- Docking at Veteran's Park Our office has reviewed the Florida Statutes in respect to Chapter 92 of the City's Code of Ordinances to determine the extent of permissible regulation. Florida Statutes 327.60 precludes local governments from regulating the anchorage of non- live-aboard vessels engaged in the exercise of rights of navigation. There are no Florida cases interpreting the "rights of navigation". The Attorney General has opined that rights of navigation include incidental rights such as the right to anchor and to moor. (127 Op. Atty. Gen. 1985). The Attorney General also refers to the concurrent rights of others not to be unreasonably obstructed in the pursuit of their rights of navigation. A case from Michigan holds that the public fight of navigation does not include, as incident thereto, the right to anchor indefinitely. (Hall v. Wantz, 57 N.W.Ed 462 (Mich. 1953). It is our office's opinion that prohibiting indefinite anchorage at Veteran's Park would not interfere with the rights of navigation of a person. To the contrary, providing for indefinite anchorage at Veteran's Park would interfere with the rights of navigation of others who also have an incidental right to moor at Veteran's Park. The ordinance, as submitted, includes an increase in the mooring time at Veteran's Park to 3 hours in any one-day or 21 hours in any one-week period. The ordinance as amended, prohibits the use of City electricity and other utilities belonging to the City or discharging any unsanitary material while moored. Further, the ordinance references the restrictions regarding Live Aboard Vessels, as currently contained in the Land Development Regulations. Please place this matter on the April 17, 2001 City Commission agenda for first reading. ~ ~you)~y ~u~io~. cc: Barbara Garito, Acting City Clerk Joe Weldon, Director of Parks and Recreation Paul Dorling, Director of Planning Cathy Kozol, Police Legal Advisor Lieutenant Mark Woods, Delray Beach Police Department ORDINANCE NO. 21-0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, .'BOATS AND BOATING", BY AMENDING HEADING, "GENERAL PROVISIONS", SECTION 92.10, "MOORING TO PUBLIC PROPERTY", TO SPECIFY THE LENGTH OF TIME A PERSON IS PERMITTED TO DOCK AT VETERANS PARK, LIMITING THE USE OF CERTAIN CITY FACILTIES IN VETERANS PARK AND REFEKENCING L.D.R. SECTION 4.3.3(U) RESTRICTING LIVE ABOARD VESSELS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach is interested in assuring that all citizens of the City of Delray Beach have an opportunity to dock at Veterans Park; and, WHEREAS, boaters who are aware of the time limitation on docking, sometimes leave the dock and return repeatedly in the same day exceeding the time limits and restricting the use of the dock by others; and, WHEREAS, the intent of the original ordinance which is being modified by this ordinance is that the time restriction shall be for a one day period; and, WHEREAS, the City does not encourage people to dock at Veterans Park for more than 21 hours in any one week; and, WHEREAS, the City has determined the dock at Veterans Park is unique because of its proximity to the Atlantic Avenue Bridge and Downtown and the proximity to a heavily used park which requires control of the use of the dock to preserve the navagatability of other vessels in the area near the Atlantic Avenue Bridge and to preserve the public health from polluting discharges into the Intracoastal Waterway. 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", heading, "General Provisions", Section 92. l 0, "Mooting to Public Property", is hereby amended to read as follows: Section 92.10 MOORING TO PUBLIC PROPERTY It shall be unlawful for any person or firm to moor any boat to any real or personal property which is owned or leased by the city, or which has been dedicated to the public use, with the! i exception of mooring at Knowles Park, Veterans Park and the City's marina as provided for in this section: (1) City Marina. Mooring at the city marina is only permitted pursuant to Sections 92.03, et.seq, of the City of Delray Beach Code of Ordinances. Excursion boats may not operate from the city marina. (2) Knowles Park. An owner or operator may temporarily moor a watercraft at Knowles park for the purposes placing a boat into and removing a boat from the Intracoastal .Waterway. Excursion boats may not operate from Knowles park. (3) (a) Temporary docking in designated areas is permitted at Veterans Park for up to t'::z .t~ee hours in any one-day period. Docking at the Veterans Park Dock, shall not exceed ,.,'~' hours,.;-'a week .c.. ....... .., ; ..... ~....,. ~.;,.u ...... .~,..o ,,~, .... ,..,..v a. ....... (b) Persons docking a vessel at Veterans Park are prohibited from using electricity or other utilities belonging to the City and are prohibited from discharging any unsanitaw material into the intracoastal waterway while moored. (4) Live Aboard Vessels, as defined by Florida Statutes Ch. 327 are regulated by Section 4.3.3(U) of the Land Development Regulations, and prohibited unless expressly permitted in the Land Development Regulations or the Code of Ordinances. Section 2. hereby, repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are 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. reading. That this ordinance shall become effective upon adoption on second and final 2 ORD. NO. 21-Ol PASSED AND ADOPTED in regular session on second and final reading on this the ,2001. ATTEST: MAYOR day of City Clerk First Reading Second Reading 3 ORD. NO. 21-01 £1T¥ DF DEI. R;I¥ BEI £H CiTY ATTORNEY'S OFFICE ~oo mw ,~, ^v,~,~,. ,~,~,~,,^¥,,,~^~., ,~,_o,.,,~^ ~.~. T£L£?HON£ 561/243-7090 · FACSIMILE 561/278-4755 19~3 DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7091 MEMORANDUM March 15,2001 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Ordinance No. 21-01 - Boat Dockage at Veterans Park I have been asked to draft the attached ordinance to clarify the hours permitted for temporary boat dockage at Veterans Park. The Parks Department has encountered situations where persons docking at Veterans Park return multiple times during the day for multiple two-hour periods. The persons docking use electricity and other utilities for their boat during the dockage. This ordinance is designated to prohibit the prolonged dockage, and also the use of City electricity and other utilities while docking. Please place this ordinance on the March 20, 2001 City Commission agenda for first reading. CC: Joe Weldon, Director of Parks and Recreation Cathy Kozol, Police Legal Advisor ORDINANCE NO. 21-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING", BY AMENDING HEADING, "GENERAL PROVISIONS", SECTION 92.10, "MOORING TO PUBLIC PROPERTY", TO CLAR~Y THE LENGTH OF TIME A PERSON IS PERMITTED TEMPORARY DOCKING AT VETERANS PARK AND LIMITING THE USE OF CERTAIN DOCKSIDE FACILTIES; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach is interested in assuring that all citizens of the City of Delray Beach have an oppommity to dock at Veterans Park; and, WHEREAS, boaters who are aware of the two hour docking time limit sometimes leave the dock after two hours and return repeatedly in the same day; and, WHEREAS, the intent of the original ordinance which is being clarified by this ordinance is that the two hour restriction be for a one day period; and, WHEREAS, the City does not encourage people to dock at Veterans Park for more than 14 hours in any one week. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELP,.AY BEACH AS FOLLOWS: Section 1. That Chapter 92, "Boats and Boating", heading, "General Provisions", Section 92.10, "Mooring to Public Property", is hereby amended to read as follows: Section 92.10 MOORING TO PUBLIC PROPERTY It shall be unlawful for any person or firm to moor any boat to any real or personal property which is owned or leased by the city, or which has been dedicated to the public use, with the exception of mooring at Knowles Park, Veterans Park and the city's marina as provided for in this section: (1) City Marina. Mooring at the city marina is only permitted pursuant to Sections 92.03, et.seq, of the City of Delray Beach Code of Ordinances. Excursion boats may not operate fi:om the city marina. (2) Knowles Park. An owner or operator may temporarily moor a watercraft at Knowles park for the purposes placing a boat into and removing a boat from the Intracoastal Waterway. Excursion boats may not operate from Knowles park. ......... (5) Veterans Park. Temporar~ ~o-'dl~h~-ifi-d~signated areas is permitted at v~tm.~ms Park- for up to two hours in any one day period. Notwithstanding, Section 92.19, docking in Veterans Park shall not exceed 14 hours a week. Persons docking at Veterans Park are prohibited from using electricity or other utilities for their boat. Section 2. hereby, repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are 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. reading. That this ordinance shall become effective upon adoption on second and final PASSED AND ADOPTED in regular session on second and final reading on this the ~ ,2001. day of ATTEST: MAYOR City Clerk First Reading Second Reading. ORD. NO. 3