Ord 37-09AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS,
BEACHES, AND RECREATION", BY ENACTING A NEW SECTION
101.37, "SHARK FISHING", TO PROHIBIT SHARK FISHING
WITHIN THREE HUNDRED FEET OF THE MUNICIPAL BEACH;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach Florida, has the authority to protect the
public health, safety, and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has detern =ied it to be in the
public's best interest to establish reasonable regulations regarding fishing on the municipal beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That a new Section 101.37, "Shark Fishing", amending Chapter 101, "Parks, Beaches
and Recreation", of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted to read as
follows:
Sec. 101.37. SHARK FISHING.
(A.) No shark fishing shall be allowed within three hundred feet (300D of the municipal
beach, •
(0) No baiting or chumming shall be allowed on or within three hundred feet (300D of the
municipal beach. Baiting or chumming is defined as using cut u12 or ground u12 bait to put an attracting
scent line on or below 'the surface of the water, or to visually attract other fish; this shall not prohibit
,someone from using a piece of cut bait on an individual line that is used for general fishing
-
tQ The use of shark lures and rigs shall be strictly prohibited within three hundred feet
300) of the municinal beach. and
All accidental shark catches must be cut loose.
Section 2, That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part
declared invalid.
mi
hereby repealed.
Section 4. That this ordinance shall become effective upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reacting on this �&day of
2009.
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City Clerk
First Reading
Second Reading l\ DA"'i x
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Page 1 of I
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: July 13, 2009
SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF ,IDLY 21,,2009
QRDINANCE NO. 37-09
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an ordinance amending Chapter
101, "Parks, Beaches, and Recreation", by enacting a new Section 101.37, "Shark Fishing", to prohibit
shark fishing within three hundred feet of the municipal beach.
BACKGROUND
At the first reading on July 7, 2009, the Commission passed Ordinance No. 37-09.
RECOMMENDATION
Recommend approval of Ordinance No. 37-09 on second and final reading.
http://miweb00I/Agendas/Bluesheet.aspx?ltemlD=2386&MeetinglD=213 712212009
AN ORDINANCE OF THE CITY COTvMSSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101 "PARKS,
BEACFIES, AND RECREATION", BY ENACTING A NEW4criON
10137, "SHARK FISHING ", TO PROHIBIT SHARK I M1
WITHIN TFIREE HUNDRED FEET OF THE MLINIQPAL B,
PROVIDING A GENERAL REPEALER CLAUSE,
CLAU,
F111. Al EFFECTITE DATE. -1
\01=111
WHE RE AS, the City Commission of the City of
public health, safety, and vw1fare of its citizens, and
VVI-M RE AS, the City Commission of the City,
public's best interest to establish reasonable regulations
1 ply a gava --j W.-T,41 a we] C4 1 umun Ke
Section 1. That a new
and RecreatioW', of the Code of 4
fonovw.:
MM
101.37
S of Afl
Y
to protect the
NJ I MY ILOI;K- [IN I
5ggtion 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph sentence, ckr,-- or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the valiclity of the wiminder hereof as a -whole or part hereof other than the part
441MIdi-Ve'llid —
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the sane are
hereby repealed
Section 4. That this ordinance shall become effective upon its passage on second and final reading
PASSED AND ADOPTED in regular ; ion on second and final read r— <c n this the day of
2009.
ATTEST:
Fi
2 ORD NO. 37-09
Page 1 of 1
TO: Mayor and City Commissioners
FROM: Terrill C. Pyburn, Assistant City Attorney
THROUGH. City Attorney
DATE: June 16, 2009
SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF JULY 7, 2009
ORDINANCE 37-09
ITEM BEFORE COMMISSION
Ordinance 37-09 prohibiting shark fishing within three hundred feed of the municipal beach.
BACKGROUND
As Commissioners may be aware, we have recently been contacted by residents concerned that fishing
for sharks from the municipal beach may create hazardous conditions for swimmers at the beach. In
response, the City Attorney's The attached Ordinance 37-09 enacts a new Section 101.37, "Shark
Fishing", to prohibit shark fishing and/or chumming within three hundred feet (300') of the municipal
beach.
RECOMMENDATION
City Commission discretion.
http://miwebO0I/Agendas/Bluesheet.aspx?ltemlD=2315&MeetingID=211 7/13/2009
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS,
BEACHES, AND RECREATION", BY ENACTING A NEW SECTION
101.37, "SHARK FISHING", TO PROHIBIT SHARK FISHING
WITHIN THREE HUNDRED FEET OF THE MUNICIPAL BEACH;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach Florida, has the authority to,protect the
public health, safety, and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the
public's best interest to establish reasonable regulations regarding fishing on the municipal beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That a new Section 101.37, "Shark Fishing", amending Chapter 101, "Parks, Beaches
and Recreation", of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted to read as
follows:
Sec. 101.37. SHARK FISHING.
(A—) No shark fishing shall be allowed within three hundred feet 000') of the municipal
beach, •
(h) No baiting or chumming shall be allowed on or within three hundred feet (300D of the
municipal beach. Baiting or chumming is defined as using cut up or ground up bait to put an attracting
scent line on or below the surface of the water, or to visually attract other fish
(Cl The use of shark lures and jigs shall be strictly prohibited within three hundred fee
000') of the municipal beach, an
(Q.) All accidental shark catches must be cut loose.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part
declared 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 passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the - day of
,2009.
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD NO. 37-09
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CITY OE OEM BEACH,"AMA
NOTICE OF PUBLIC HEAREIO
A MIC HEN1201 riB tiehekl'dn
the iolraw" proposed oul'ner" at
7;00 p.m. on TUESDAY, JULY 21,
{or is any rxinkmatktl of arch
meeting ehkh is set by The
Oomwbab* in the City CommWe
Chmabom 100 N.W. ist Annum, Bit-
my city DwA Commi�ssioonn *0 consider Its
adaptbn. The proposed ordlnaeoe
may be Impacted at the INS of the
City ct* to City tb% w its
Avenue, Delray Reach, TFlorida, be-
hwamh the hour; of M am. end S00
p.m., Monday daouth Frlda% VMVI
hol&A AN homied Won are b.
sited m ateud and be beard with r-
aped) b Rreproposed odlaarrce,
ORDINANCE NO. ST49
AN ORDINANCE OFTHE CITY 00%
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 101; 'PARKS. BEACHES,
AND RECR£ATIOW,, BY ENACTING
A NEW SECTION 101.37, "SHARK
FISHING ", TO PROHIBIT SHARK
FISHING WITHIN.THREE HUNDRED
FEET OF THE MUNICIPAL BEACH:
PROVIDING A GENERAL REPEALER
CLAUSE, A SAYING CLAUSE AND
AN EFFECTIVE DATE
Please be id0sed dei A a person de•
Was IQ appeal any dedsiar made by
the City Coo m askn with mapoot to
any awaer mnsdersd at these hit
tar. arch p�son met treed to am"
Met a rerbattm record Indodea Fie'
testimony and eNdatde UPC", 4'da
the appeal is to_be based. The City
door not praside not prepare such
remrd pasua3ab FS.ZBtdt�.
OM OF OELFWBEACH !
coneireante oic
Ciyr;&:k
Pu60akibaradag .ady8, 2008. ,
Boa.RaMVDehey Beach Non