Ord 14-14 ORDINANCE NO. 14-14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 101, "PARKS, BEACHES, AND RECREATION", BY
AMENDING SECTION 101.37, "SHARK FISHING', TO
PROHIBIT SHARK FISHING WITHIN THREE HUNDRED
FEET (300 NORTH AND SOUTH OF THE MUNICIPAL
BEACH AND WITHIN THREE HUNDRED FEET (300')
NORTH AND SOUTH OF ATLANTIC DUNES; 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 Chapter 101, "Parks, Beaches and Recreation", Section 101.37, "Shark
Fishing", of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as
follows:
Sec. 101.37. SHARK FXSFIING.
(A) No shark fishing shall be allowed within three hundred feet (300') north and
south of the municipal beach and within three hundred feet (300') north and south of Atlantic
Duties;
(B) No baiting or chumming shall be allowed on or within three hundred feet (300')
north and south of the municipal beach and within three hundred feet (300') north and south of
Atlantic Dunes. 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; this
shall not prohibit someone from using a piece of cut bait on an individual line that is used for
general fishing;
(C) The use of shark lures and figs shall be strictly prohibited-within three hundred
feet (300') north and south of the municipal beach and -within three hundred feet (300') north
and south of Atlantic Dunes; and
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I
(D) A]I.accidental shark catches must be cut loose.
(E) All shark carcasses and pieces shall be removed from the beach within the City
limits
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 J V1
day of ,2014.
i
ATTEST:
City Clerk
First Reading`
Second Reading ,
2 ORD NO. 14-14
Coversheet Page 1 of 1
MEMORANDUM
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TO: Mayor and City Commissioners
FROM: Terrill Pyburn, Interim City Attorney
DATE: May 22, 2014
SUBJECT: AGENDA ITEM 10.F - REGULAR COMMISSION MEETING OF JUNE 3, 2014
ORDINANCE NO. 14-14
BACKGROUND
On May 20, 2014, the City Commission approved Ordinance No. 14-14 on first reading.
Legal Department Review: Ordinance No. 14-14 was published in the Palm Beach Post
newspaper on Friday, May 23, 2014 in compliance with advertisement requirements.
Finance Department Review: Finance recommends approval.
Discussion: This ordinance is before Commission for second reading to consider an
amendment to Chapter 101, "Parks, Beaches, and Recreation", by amending Section 101.37,
"Shark Fishing", to prohibit shark fishing within three hundred feet (300) north and south of the
Municipal Beach and within three hundred feet (300) north and south of Atlantic Dunes.
Operating Cost: N/A
Timing of the Request: This item is not time-sensitive.
Recommendati : Approve Ordinance No. 14-14 on second and final reading.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=7951&MeetingID=511 7/1/2014
Coversheet Page 1 of 1
_ Ilf�?f�IiP IIi;II,ill �3
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terrill Pyburn, Interim City Attorney
DATE: April 29, 2014
SUBJECT: AGENDA ITEM 11.C.-REGULAR COMMISSION MEETING OF MAY 20 2014
ORDINANCE NO. 14-14
BACKGROUND
In 2009, the City created an ordinance prohibiting shark fishing (including baiting and chumming)
within the City's limits. In 2013, our office received a letter from an attorney challenging the legality of
that ordinance based upon Florida State law which provides that the state preempts the regulations of
saltwater fishing. After speaking with Florida Fish and Wildlife, we believe that we can designate a
safe swimming area by prohibiting shark fishing within 300 feet north and south of the beach in order to
avoid possible safety issues of combining swimmers with sharks. Therefore, the proposed ordinance
provides for a prohibition against shark fishing within 300 feet north and south of the municipal beach
and within 300 feet north and south of Atlantic Dunes Park.
City Attorne Review:
The City Attorney's Office recommends approval in order to comply with state law.
Finance Department Review: N/A
Discussion:
The propsed ordinance is amending the City's code provision regarding "shark fishing" and it is before
you for consideration on first reading.
Timing of the Request:
This item has no time sensitivity.
RECOMMENDATION
The City Attorney's office recommends approval of Ordinance No. 14-14 on First Reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=7876&MeetingID=504 5/23/2014
ORDINANCE NO. 14-14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 101, "PARKS, BEACHES, AND RECREATION",
BY AMENDING SECTION 101.37, "SHARK FISHING", TO
PROHIBIT SHARK FISHING WITHIN THREE HUNDRED
FEET (300') NORTH AND SOUTH OF THE MUNICIPAL
BEACH AND WITHIN THREE HUNDRED FEET (300')
NORTH AND SOUTH OF ATLANTIC DUNES; 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 Chapter 101, "Parks, Beaches and Recreation", Section 101.37, "Shark
Fishing", of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as
follows:
Sec. 101.37. SHARK FISHING.
(A) No shark fishing shall be allowed within three hundred feet (300') north and
south of the municipal beach and within three hundred feet (300') north and south of Atlantic
Dunes;
(B) No baiting or chumming shall be allowed on or within three hundred feet
(300') north and south of the municipal beach and within three hundred feet (300') north and
south of Atlantic Dunes. 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; this shall not prohibit someone from using a piece of cut bait on an individual line that is
used for general fishing;
(C) The use of shark lures and rigs shall be strictly prohibited within three hundred
feet (300') north and south of the municipal beach and within three hundred feet (300') north
and south of Atlantic Dunes; and
(D) All accidental shark catches must be cut loose.
(E) All shark carcasses and pieces shall be removed from the beach within the City
limits
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 , 2014.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2 ORD NO. 14-14
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E6 PA!MS_AC'QOS T.`-O,V, I REAL NEWS STARTS HERE TIDE PAF fir,!BEACH POST
(561)820-4343 1 FRIDAY,MAY z3,2014
lei
Legal
CITY OF DELRAY BEACH,FLORIDA
NOTICE OFPUBLICHEARING '
A PUBLIC HEARING will be held on
the Following proposed ordinance on
TUESDAY,JUNE 3,22014 at 7:00 p.m.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 wilk
consider its adoption.The proposed
ordinance may be inspected at the
Office of the City Clerk at City Half, .
100 N.W. 15t Avenue, Delray Beach,
Florida,between 6:00 a.m_and 5:00-
p_m.,Monday through Friday,except
holidays,interested parties are invited
to attend and he heard with respect to
.the proposed ordinance.
ORDINANCE NO.14-14
AN ORDINANCE OF THE. .CfTY
COMMISSION OFTHE CITY OF DELRAY
BEACH, FLORIDA, -
AMENDING
CHAPTER 101, -PARKS, .8EACHES,
AND RECREATION,% By AMENDING
SECTION 101,37,"SHARK FISHING",
TOPROHIBITSHARKFISHTNG.WITHIN --
THREE HUNDRED FEET-(300')NORTH
AND SOUTH OF;THE MUNICIPAL
.BEACH AND WITHIN THREE HUNDRED
FEET (300')--NORTH AND SOUTH
-OF ATLANTIC -DUNES; PROVIDING
A GENERAL REPEALER CLAUSE, A
:5AVING 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 heed to ensure.
:that a verbatim record includes the
testimony and evidenLe upon which
-the appeal is to be based.The City
does net provide nor prepare such
record pursuant to FS,286.0105.
OTY OF DELRAY BEACH---
Chevelle p,Nubin,MMC.
Oty Clerk
PUB:The Palm Beach Post
5-2312014 0252139