Ord 64-05
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ORDINANCE NO. 64-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y
BEACH, FLORIDA, AMENDING CHAPTER 95, "EMERGENCY
MANAGEMENT", BY ENACTING SECTION 95.16, "PORTABLE
GENERATORS", TO PROVIDE FOR THE REGULATION OF PORTABLE
GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, during times of a natural disaster or other emergency electrical power may be
interrupted; and
WHEREAS, the placement or use of portable generators may create or cause harm or injury
to the owner or other persons in proximity to the portable generator; and
WHEREAS, the City wishes to regulate the placement and use of portable generators.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 95, "Emergency Management", Section 95.16, "Portable
Generators", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby enacted to read as follows:
Sec. 95.16. PORTABLE GENERATORS.
(A) The use and operation of a portable auxiliary electrical generator is prohibited within or on
the following areas:
(1) within 5 feet of any opening (includes but is not limited to doors and windows) into
a building or structure;
(2) within garages, enclosed or partially enclosed areas, or under eaves or other
overhangs;
(3) on roofs or roof areas, balconies, ingress/egress areas and discharge ways, including
but not limited to walkways, stairways and stairwells;
(B) The generator shall be operated in a safe manner and in accordance with NFP A 70, the
National Electric Code and all other applicable laws, regulations and City 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same are hereby repealed.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 adoption on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the .llt2..~
day of ~'en~ , 20QS,
~A~o1z
ATTEST:
~W~D~
Acting City Clerk
First Reading ~/co/ ~
Second Reading Co/I '¥ .:J m.~
2 Ordinance No. 64-05
MEMORANDUM
TO: MAYOR AND CIlY COMMISSIONERS
FROM: CIlYMANAGER~
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 16, 2005
ORDINANCE NO. 64-05 (AMENDING CHAPTER 95, "EMERGENCY
MANAGEMENT")
DATE: AUGUST 12, 2005
This ordinance is before Commission for second reading and public hearing to amend Chapter 95,
"Emergency Management", by enacting Section 95.16, "Portable Generators", to provide for the
regulation of portable generators.
At the first reading on August 2,2005, the Commission passed Ordinance No. 64-05.
Recommend approval of Ordinance No. 64-05 on second and final reading.
s:\Ctty Clerk\agenda memos Ord 6+05 Portable Generators 080905
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[ITY DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE -'()() '\w Iq .o\VE'\Il[· DLLR"-.Y BE.o\CH. FLORID.o\ 33444
ì ¡-LLP!-lO!\T :'íf11 C4 '-7\)l)() . nCSI\I!LE :'if¡] 1~78-475:'í
DELRAY BEACH Wnter's Direct Line: 561/243-7091
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Dad
All-America City
, III I! DATE MEMORANDUM
July 26, 2005
1993 TO: City Commission
2001
David Harden, City Manager
~
t\..- '- .. ~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: ReQulations of Portable Generators
The attached ordinance provides for regulations governing the use of portable
generators. The ordinance provides that portable generators shall not be used
within 5 feet of any opening into a building; within garages or enclosed or partially
enclosed areas; or on roofs, balconies, ingress/egress areas, stairways or
walkways. The ordinance also provides that the portable generator shall be
operated in a safe manner and in accordance with all applicable codes and laws.
Our office requests that this item be placed on the August 2, 2005 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Janet Whipple, Acting City Clerk
Chief Koen, Fire Dept.
George Diaz, Chief Building Official
\~
,
ORDINANCE NO. 64-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, "EMERGENCY
MANAGEMENT", BY ENACTING SECTION 95.16, "PORTABLE
GENERATORS", TO PROVIDE FOR THE REGULATION OF PORTABLE
GENERATORS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, during times of a natural disaster or other emergency electrical
power may be interrupted; and
WHEREAS, the placement or use of portable generators may create or cause
harm or injury to the owner or other persons in proximity to the portable generator; and
WHEREAS, the City wishes to regulate the placement and use of portable
generators.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 95, "Emergency Management", Section 95.16,
"Portable Generators", of the Code of Ordinances of the City of Delray Beach, Florida,
be, and the same is hereby enacted to read as follows:
Sec. 95.16. PORTABLE GENERATORS.
(A) The use and operation of a portable auxiliary electrical generator is prohibited
within or on the following areas:
(1 ) within 5 feet of any opening (includes but is not limited to doors and
windows) into a building or structure;
(2) within garages, enclosed or partially enclosed areas, or under eaves or
other overhangs;
(3) on roofs or roof areas, balconies, ingress/egress areas and discharge
ways, including but not limited to walkways, stairways and stairwells;
(B) The generator shall be operated in a safe manner and in accordance with NFPA
70, the National Electric Code and all other applicable laws, regulations and City
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 adoption on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the _ day of ,200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
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WNW bocanews.com . Boca RatonIDeIray Beach News - friday, August 5. 2005
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or at any continuabO<1 01 such meetJng
wfIch is setby'" Commossoon). ..the
City Ccmmossion CI1ambers. 100 N W.
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consider_adoption. Tho pro JOSed
ordtnances may bit ft;pecIød at ...
Office of the City CIeII< at City Hal, 100
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500 pJlt. Monday tIuoogIt FndiIy.
exœplliolidays All jnJeresIød paI!JeS
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ORDIIWICE NO. 53-Ð5
/>H ORDINANCE OF "THE CITY COM-
MISSION OF "THE cnv Of DELAAY
BEACH. flORIDA. REZONING ANa
PlACING lAND PRE5EN1l Y ZONED
CBD~CENTRAL BUSINESS DISTRICT)
DIS ICTTOCf(COMMUNIlYFACtL-
m~DlSTRICT, SAID LAND B8NG A
PAR L LOCATED ON THE NORTH
AND SO\ffii SIDES Of SW 1 ST
STREET. WEST OF SON 5TH AVENUE.
AS MORE PARTICULARLY
DESCRIBED HEREIN. AMENDING
-ZONING MAP OF DELAAY BEACH.
~~~~~~~~~ I
SAVING CLAUSE. />HD AN EfÆCTM I
DATE
OIIIIIIIMŒ NO. 64-«1
AN ORDINANCE OF THE cnv C0M-
MISSION OF "THE Cf1Y OF DELRAY
BEACH. FlORIDA. AMENDING CHAP-
TER 95. -EMERGENCY MANAGE-
MENr. BY ENACnNG SECTION
9516. 'PORTA8t£ GENERA70RS",
TO PROVIDE FOIl "THE REGULATION
I OF PORTABLE OOÆRATORS. PRO-
VIDING A SAVING ClAUSE, A GENER-
1 AL REPEALER CLAUSE AND AN
EFfECTIVE OATE.
Please be _ _ if . person
_10 ~ æy deasoon"'-
. by!he City CornnIssion _ respect10
any _ c:Qnsoderod at _-hear-
I Ings, such person may'" "'_
lIIiIlar= ftICOId 1nc!IIdeS1I!If-
ltìidný ~ _JOIiIéh~ '
appóa!1S 1Ìi'bô Þased:~"TIieørdoes
=;!=05.such reconI.
Cf1Y ΠDElAAY BEACH