Ord 15-13ORDINANCE NO. 15--13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101,
"MUNICIPAL PARKS, BEACHES AND OTHER RECREATIONAL
SITES ", SECTION 101.24, "TRAFFIC REGULATIONS" OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO INCREASE THE ALTITUDE RESTRICTIONS FOR
CERTAIN AIRCRAFT FLYING OVER THE CITY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Conatnission of the City of Delray Beach, Florida desires to protect and
enhance the public safety of the municipal beach; and,
WHEREAS, City Commission of the City of Delray Beach, Florida desires to increase the altitude
requirements for certain aircraft that are operated over the city, and to create exceptions for emergencies
and for taking off and landing.
WHEREAS, the City Commission of the City of Delray Beach, Florida desires to specify the
altitude requirements for certain aircraft that ate operated over the Atlantic Ocean near the shoreline.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Chapter 101 "Municipal Parks, Beaches And Other Recreational Sites ", Section
101.24 "Traffic Regulations" of the Code of Ordinances of the City of Delray Beach, Florida, be and is
hereby amended to read as follows:
Sec. 101.24. - TRAFFIC REGULATIONS.
(A) No person shall drive, propel or cause to be driven or propelled along or over any road
within any park, any vehicle at a greater rate of speed than posted, and in any event, not more
than twenty -five (25) miles per hour.
(B) No person shall use, operate or propel or cause to be used, operated, or propelled a hang
glider, power glider, powered paraglidet, parachutes, motorized parasail or any other similar craft
that flies overhead except for hot air balloons, airplanes, jets and /or helicopters an or vqiRtiw, _
tl 0) at the following
altitudes:
(1) Less than five hundred (500) feet above the corporate limits of the City, except in an
emergency or while taking off and landing, which shall be made in the most direct and
prudent manner.
(2) Less than three hundred (300) feet above the Atlantic Ocean in the area within 300
horizontal feet of the shoreline.
{C) No person shall park or store any motor vehicle, motorcycle, bicycle, wagon or other
vehicle within a park, recreation or municipal beach site except in places designated for such
purposes.
(D) Laws of the City requiring lights on vehicles shall apply to vehicles in a parr, recreation or
municipal beach site.
(E) Vehicles shall be restricted to drives, roadways, paths; walks and trails established for such
purposes. Footpaths or walks designated for pedestrian travel shall not be used for vehicular
ravel.
(F) No motor vehicles shall be driven upon the municipal beach without a written permit
from the Parks and Recreation Department except for emergency vehicles, maintenance vehicles,
and vehicles used to transport injured and disabled persons authorized by the City.
(G) All ordinances of the City with respect to vehicles shall be in full force and effect in the
parks of said City.
(H) No person shall ride any horse or other animal within any park and recreation site, except
upon bridle paths designated as such.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
2
ORD. NO. 15 -13
Section 5.
reading.
That this ordinance shall become effective upon its passage on second and final
PASSED AND ADOPTED in regular session on second and final reading on this the
I1�
dap of A t �q Lk, . J-,2013-
i A ST: MAYOR
i Clerk
First Reading Y7 - P, 5'
Second Reading `�'
3
ORD. NO. 15 -13
Coversheet
TO
FROM
DATE
MEMORANDUM
MAN
Mayor and City Commissioners
Louie Chapman, Jr., City Manager
August 14, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 101. -REGULAR COMMISSION MEETING OF AUGUST 20, 2013
ORDINANCE NO. 15 -13
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an amendment to
Chapter 101, "Municipal Parks, Beaches and Other Recreational Sites ", Section 101.24,
"Traffic Regulations ", of the Code of Ordinances, to increase the altitude restrictions for certain
aircraft flying over the City.
BACKGROUND
At the first reading on July 25, 2013, the Commission passed Ordinance No. 15 -13.
RECOMMENDATION
Recommend approval of Ordinance No. 15 -13 on second and final reading.
http: // agendas. mydelraybeach .com /Bluesheet.aspx"ltemID= 7059 &MeetingID =458 9/17/2013
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Janice Rustin, Assistant City Attorney
THROUGH: R. Brian Shutt, City Attorney
DATE: July 18, 2013
SUBJECT: AGENDA ITEM 11.E. - REGULAR COMMISSION MEETING OF JULY 25, 2013
ORDINANCE NO. 15 -13
ITEM BEFORE COMMISSION
Page 1 of 1
The attached Ordinance 15 -13 is amending Chapter 101 "Municipal Parks, Beaches, and Other
Recreational Sites ", Section 101.24 "Traffic Regulations ".
BACKGROUND
This ordinance is before Commission for approval to update Section 101.24 "Traffic Regulations ",
Subsection B to increase the altitude requirements for certain aircraft that are operated over the City,
with exceptions for emergencies and for taking off and landing. In addition, Subsection B has been
updated to specify the altitude requirements for certain aircraft that are operated over the Atlantic Ocean
near the shoreline.
RECOMMENDATION
The City Attorney's office recommends City Commission approval.
http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 6980 &MeetingID =484 8/14/2013
ORDINANCE NO. 15 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101,
"MUNICIPAL PARKS, BEACHES AND OTHER RECREATIONAL
SITES ", SECTION 101.24, "TRAFFIC REGULATIONS" OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO INCREASE THE ALTITUDE RESTRICTIONS FOR
CERTAIN AIRCRAFT FLYING OVER THE CITY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida desires to protect and
enhance the public safety of the municipal beach; and,
WHEREAS, City Commission of the City of Delray Beach, Florida desires to increase the altitude
requirements for certain aircraft that are operated over the city, and to create exceptions for emergencies
and for taking off and landing.
WHEREAS, the City Commission of the City of Delray Beach, Florida desires to specify the
altitude requirements for certain aircraft that are operated over the Atlantic Ocean near the shoreline.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Chapter 101 "Municipal Parks, Beaches And Other Recreational Sites ", Section
101.24 "Traffic Regulations" of the Code of Ordinances of the City of Delray Beach, Florida, be and is
hereby amended to read as follows:
Sec. 101.24. -TRAFFIC REGULATIONS.
(A) No person shall drive, propel or cause to be driven or propelled along or over any road
within any park, any vehicle at a greater rate of speed than posted, and in any event, not more
than twenty -five (25) miles per hour.
(B) No person shall use, operate or propel or cause to be used, operated, or propelled a hang
glider, power glider, powered paraglider, parachutes, motorized parasail or any other similar craft
that flies overhead except for hot air balloons, airplanes, jets and /or helicopters e) r wifhi _
at the following
altitudes:
(1) Less than five hundred (500) feet above the corporate limits of the City, except in an
emergency or while taking off and landing which shall be made in the most direct and
prudent manner.
(2) Less than three hundred (300) feet above the Atlantic Ocean in the area within 300
horizontal feet of the shoreline.
(C) No person shall park or store any motor vehicle, motorcycle, bicycle, wagon or other
vehicle within a park, recreation or municipal beach site except in places designated for such
purposes.
(D) Laws of the City requiring lights on vehicles shall apply to vehicles in a park, recreation or
municipal beach site.
(E) Vehicles shall be restricted to drives, roadways, paths, walks and trails established for such
purposes. Footpaths or walks designated for pedestrian travel shall not be used for vehicular
travel.
(F) No motor vehicles shall be driven upon the municipal beach without a written permit
from the Parks and Recreation Department except for emergency vehicles, maintenance vehicles,
and vehicles used to transport injured and disabled persons authorized by the City.
(G) All ordinances of the City with respect to vehicles shall be in full force and effect in the
parks of said City.
(I� No person shall ride any horse or other animal within any park and recreation site, except
upon bridle paths designated as such.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
2
ORD. NO. 15 -13
Section 5. 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 , 2013.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO. 15 -13
FRIDAY, AUGUST 9, 2013 1 (561) 820 -4343
CITY OF DELRAY REACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the following proposed ordinances
at 7:00 p.m. on TUESDAY, AUGUST
20, 2013 (or at any continuation of
such meeting which is set, by the -
Commission), in the Commission
Chambers, 100 N.W. 1st Avenue,
Delray Beach, Florida at which time
the City Commission will consider
their 'adoption. The proposed
ordinances may be inspected at the
Office of the.City Clerk at City Hall,
100 N.W, 14t Avenue; Delray Reach,
Florida, between 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. Interested parties are invited
to attend and be heard with respectto
the proposed ordinances.
ORDINANCE NO 12 -13
AN - ORDINANCE F THE CITY
CGMM15510N OF THE ITY OF DELRAY
BEACH, FLORIDA, A ENDING THE
LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9 "OFF -
STREET PARKING REGULATION ",
SUBSECTION (D), "DESIGN
STANDARDS ",. SUBSECTION (3),
"POINT OF ACCESS TO THE STREET
SYSTEM" TO REDUCE THE STACKING
DISTANCE FOR PARKING LOTS WITH
TWO OR MORE ACCESS POINTS;
PROVIDING A SAVING CLAUSE, A.
GENERALR):PEALER CLAU5E,:AND AN
EFFECTIVE DATE.
ORDINANCE NO. 13 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT; REGULATIONS
OF THE CODE OF :ORDINANCES,
BY AMENDING SECTION 2.4.3
"SUBMISSION REQUIREMENTS ",
SUBSECTION (D) -PRELIMINARY
ENGINEERING PLANS AND
SUBSECTION (F) -FINAL ENGINEERING
PLANS" 'TO PROVIDE FOR BUS
SHELTERS; ENACTING ANEW SECTION
6.1.14 "TRANSIT" TO. PROVIDE
CRITERIA ASSOCIATED WITH TRANSIT
STOPS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE. .
ORDINANCE NO'. 14 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 99 "NOISE CONTROL"
OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH,
4Y AMENDING SECTION 99.02,
"'DEFINITIONS" TO ADD' ,THE
DEFINITION "AIRCRAFT" AND
REMOVE DEFINITIONS "COMMERCIAL
AREA ", "INDUSTRIAL AREA" AND
"OFFENSE "; AMENDING SECTION
99.03, "LOUD AND UNNECESSARY
NOISES PROHIBITED" TO CLARIFY
SAME, TO AMEND DISTANCE
AND TIME REQUiREME`NTS,
AND TO ADD PROVISION FOR
AIRCRAFT, AMENDING SECTION
99.04 "EXEMPTIONS" TO CLARIFY
SAME; AMENDING SECTION 99.05
"TEMPORARY PERMITS" TO CLARIFY -
SAME; REPEALING SECTION 99.0'6
"NOTICE OF VIOLATION"; REPEALING .
SECTION 99.07 "ABATEMENT
ORDERS "; AND AMENDING SECTION
99.08 "PENALTY" TO CLARIFY SAME
AND TO ADD PENALTIES; AND
PROVIDING A'SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 15 -73
AN ORDINANCE OF THE CITY
COMMISSION OF THE- CITYOF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 101, ,MUNICIPAL PARKS,
BEACHES AND OTHER RECREATIONAL
SITES ", SECTION 101.24, "TRAFFIC
REGULATIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, TO INCREASE
THE ALTITUDE RESTRICTIONS FOR
CERTAIN AIRCRAFT FLYING OVER THE
CITY- PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 16 -13
AN - ORDINANCE OF THE CITY
COMMf5SJON OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 116, .-LOCAL BUSINESS
TAXES. GENERALLY" OF THE CODE OF
ORDINANCES OFTHE CITYOF DELRAY
BEACH, FLORIDA, BY ENACTING
SECTION 110.17 "CONDITIONS;
NOTIFICATION; HEARING" TO ALLOW
THE' CITY TO IMPOSE CONDITIONS
ON A BUSINESS TAX - RECEIPT FOR
REPEATED NOISE VIOLATIONS;
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE,
Please. be advised that if a person
decides to appeal any decision made
by the City Commission with respect to
any matter considered at this hearing,
such person may need to ensure
that a.- verbatim record includes the
testimony and, evldence upon which
the appeal is to'be based. The City
does -not provide nor prepare such
record pursuant to F,5. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, MMC
City Clerk
PUR: The Palm Beach Post
6- 912013 4109283