20-97 FAILED ON 2ND/FINAL READING - APRIL 15, 1997
ORDINANCE NO. 20-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 132.09,
"SKATEBOARDING AND THE LIKE PROHIBITED", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR THE PROHIBITION ON THE USE OF
SKATEBOARDS AND THE LIKE IN VETERAN'S PARK;
RELETTERING SUBSECTION (B) TO SUBSECTION (C);
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Veteran's Park is being used by a number of
persons on skateboards and the like; and
WHEREAS, the City of Delray Beach has spent considerable
funds for the improvements in Veteran's Park, including a gazebo,
brick paver sidewalks, and a new dock; and
WHEREAS, the City Commission of the City of Delray Beach
finds that the use of skateboards and the like in Veteran's Park has
caused damage to the sidewalks and paved areas of the park; and
WHEREAS, the City Commission finds that the use of
skateboards in Veteran's Park is a danger to those using the park;
and
WHEREAS, the City Commission finds that there is a need to
regulate the use of skateboards and the like in Veteran's Park; and
WHEREAS, the City Commission finds that such regulations
governing the use of skateboards in Veteran's Park will serve to
protect the safety and welfare of the citizens, and to promote the
aesthetics of the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 13, "General Offenses", Chapter 132,
"Offenses Against Public Peace and Safety", Section 132.09,
"Skateboarding and the Like Prohibited", of the Code of Ordinances of
the City of Delray Beach, be, and the same is hereby amended to read
as follows:
Section 132.09 SKATEBOARDING AND THE LIKE PROHIBITED.
It shall be unlawful for any person upon roller skates,
skateboards, bicycles, or riding in or by any means of any coaster,
toy vehicle, play vehicle or similar device:
FAILED ON 2ND/FINAL READING - APRIL 15, 1997
FAILED ON 2ND/FINAL READING - APRIL 15, 1997
(A) With the exception of bicycles, to go upon any
sidewalk along Atlantic Avenue between State Road A1A on the east and
1-95 on the west.
(B) With the exception of bicycles, to qo upon any
sidewalk or paved area in Veteran's Park.
(~) To operate said device in a reckless manner on any
public sidewalk. No person shall ride a skateboard or roller-skate
on a sidewalk without exercising due care for the safety of others
using the sidewalk.
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
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 20-97
FAILED ON 2ND/FINAL READING - APRIL 15, 1997
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
SUBJECT: AGENDA ITEM # /0/-- REGULAR MEETING OF APRIL 15, 1997
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 20-97
(PROHIBITING SKATEBOARDS AND THE LIKE IN VETERAN'S PARK)
DATE: APRIL 11, 1997
This is second reading and public hearing for Ordinance No. 20-97
which would prohibit the use of skateboards and the like in
Veteran's Park.
Attached is correspondence from Captain Mark of the Ramblin Rose
asking for relief from the situation caused by skateboarding in
the park. He has also provided pictures of the damage caused by
this activity (copies attached). Not only the ticket office but
also our fountain, retaining walls, and other features of the park
landscape are being damaged or defaced.
At first reading on April 1, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 20-97 on second and final
reading.
ref:agmemol3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MAlq'AGER~
SUBJECT: AGENDA ITEM # /~D - REGULAR MEETING OF APRIL 1, 1997
FIRST READING FOR ORDINANCE NO. 20-97 (PROHIBITING
SKATEBOARDS IN VETERAN'S PARK)
DATE: MARCH 27, 1997
Attached is correspondence from Captain Mark of the Ramblin Rose
asking for relief from the situation caused by skateboarding in
the park. He has also provided pictures of the damage caused by
this activity (photocopies are attached; the photographs are
available in the Clerk's office). Not only the ticket office but
also our fountain, retaining walls, and other features of the park
landscape are being damaged or defaced.
In response, Ordinance No. 20-97 has been drafted and is before
the Commission for consideration on first reading. The ordinance
would prohibit the use of skateboards in Veteran's Park.
Recommend approval of Ordinance No. 20-97 on first reading. If
passed, a public hearing will be scheduled for April 15, 1997.
ref:agmemol3
February 10, 1997
Mr. David Harden
City Manager
100 N.W. 1st Ave.
Delray Beach, FL 33444
Dear Mr. Harden,
Please be advised that since last weeks letter to you, the new ticket
office has now actually incurred damage from apparent skate-boarders.
Enclosed are photos which you may keep.
I hope I.may hear from you soon on this problem.
Dane L. Mark/
President --
Enc.
DLM:lam
801 Atlantic Ave Delray Beach. FL 33483 Ph:(407)243-0686 Fx:(407)243-4069
January 30, 1997
Mr. David T. Harden
City Manager
100 N.W. 1st Ave.
Delray Beach, FLorida 33444
Subject: 1. Skate Boarders
2. Art Vendors Parking
Dear Mr. Harden,
If you recall, I was opposed to placing the new ticket office to
where it is now located. I expressed my concerns to you in writing
and verbally last spring with reference to the skate-boardinq that
goes on in this area.
Now that we have just occupied the new office we are already
experiencing what a nuisance this is. Skate-boarders line up
directly in front of the ticket window so they may get a running
start at the steps. Not only is this a nuisance, but a liability
for this business.
I therefore am asking for immediate (season is upon us) relief in
the form of a City sign mounted on the wall next to the steps. I
suggest the sign could read .... NO Skate-Boarding within 30 feet of
Ticket Office.
I am fully aware of the parking problem issue downtown. This issue
however, is not relative to my next discussion. The Veteran's park
public parking lot is used by a number of surrounding businesses,
adult center, the playground, and the Ramblin' Rose Riverboat.
In past years the Delray Art League has used'the parking lot generally
two weekends in January and again for the Delray Affair. Enclosed
is the Art League's new schedule. As you can see by the high-lighted
dates that there is a new trend in using the Veteran's Park on a
more regular basis. The complaint I have with this is the artists
now monopolize the parking which was available to the Riverboat patrons.
Artists arrive at 7:00 a.m. and capture parking spaces until they
leave at 5:30 p.m. This practice eliminates the normal ebb and
flow of parking spaces opening and closing during a normal eight
hour day.
801 Atlantic Ave Delray Beach, FL 33483 Ph:(4[]7)243-0686 Fx:(4[]7)243-4069
I therefore am asking the City to regulate this problem by making
the Artists use, conditional. The condition is, that after the
Artists unload their art and get set up that they then transfer
their vehicles to the north end of the Park for the remainder of
their stay.
Once again season is upon us and I would like to see some cooperation
by the Art League when thay return on February 8th and 9th and
there-after.
Thank you for your immediate attention on these two imposing matters.
Sincerely,
Captain Dane L. Mark/
President
Enclosure
DLM:lam
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CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed
ordinances at 7:00 P.M. on TUESDAY, APRIL 15, 1997 (or at any
continuation of such meeting which is set by the Commission), in
the City 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. 1st Avenue, Delray
Beach, Florida, between the hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday, except holidays. All interested parties
are invited to attend and be heard with respect to the proposed
ordinances.
ORDINANCE NO. 17-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, A/TNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED ON THE EAST SIDE OF BARWICK ROAD, APPROXIMATELY 250 FEET
NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL
5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE FUTURE LAND USE MAP
AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED b~DER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM
DENSITY RESIDENTIAL 8 DWELLINGS UNITS/ACRE); PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 18-97
AN ORDINANCE OP THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM TRANSITIONAL TO GENERAL COMMERCIAL, FOR A
PARCEL OF LA/VD KNOWN AS THE PATON/LEVY PROPERTY LOCATED AT THE
NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND AVENUE G, AS THE
SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS POR SMALL SCALE LAND
USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 19-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD
(PROFESSIONAL AND OFFICE DISTRICT) IN PART, AND RM (MEDIUM
DENSITY RESIDENTIAL) IN PART, ENTIRELY INTO AN S.A.D. (SPECIAL
ACTIVITIES DISTRICT) ZONING CLASSIFICATION; SAID PROPERTY LOCATED
NORTH OF AVENUE G AND SOUTH OF AVENUE F EAST OF FEDERAL HIGHWAY
(U.S.1) AND WEST OF FREDERICK BOULEVARD AND, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
ORDINANCE NO. 20-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE
PROHIBITED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR THE PROHIBITION ON THE USE OF SKATEBOARDS
IN VETERAN'S PARK; RELETTERING SUBSECTION (B) TO SUBSECTION (C);
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 will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide or
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
April 4, 1997 Alison MacGregor Harry
City Clerk
*****************************************************************
Instructions to the NewspaDer:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
FEB 2 7.. 1~°~'.~ ~
£1T¥ DF DELRR¥ BEfl[H
CiTY ATTORNEY'S OFFICE "" "' ~'"
~,, ~ ,:~; i: ' i)i~R/~Y BE:\C',i, FI_OR[DA ~4,;4
Writer's Direct L~e: (~61) 24~-7~
DELRAY BEACH
lll.l~fi~ ~i~ MEMO~~
February 25, 1997
1993
TO: David T. Harden, City Mamger
FROM: David N. Tolces, Assistant City A~orne~
SUBJECT: Ordinance Prohibiting Skateboards - Veteran's Park
For your review is the attached draft ordinance which would prohibit the use of
skateboards in Veteran's Park. If you feel it is necessary, we could also include a
prohibition on in-line skates and roller skates. Please provide me with your thoughts and
comments.
DNT:smk
Attachment
cc: Joseph Weldon, Director of Parks and Recreation
Susan A. Ruby, City Attorney
skate.dnt
?r,"~ted on Rect.,cled Pape~
ORDINANCE NO. ,~ 0 "9 7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 132.09,
"SKATEBOARDING AND THE LIKE PROHIBITED," OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; TO
PROVIDE FOR THE PROHIBITION ON THE USE OF
SKATEBOARDS IN VETERAN'S PARK; RELETTERING
SUBSECTION (B) TO SUBSECTION (C); PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS. Veteran's Park is being used by a number of persons on skateboards and the like;
and
WHEREAS. The City of Delray Beach has spent considerable funds for the improvements in
Veteran's Park, including a gazebo, brick paver sidewalks, and a new dock; and
WHEREAS. the City Commission of the City of Delray Beach finds that the use of skateboards
and the like in Veteran's Park has caused damage to the sidewalks and paved areas of the park; and
WHEREAS. the City Commission finds that the use of skateboards in Veteran's Park is a danger
to those using the park; and
WHEREAS. the City Commission finds that there is a need to regulate the use of skateboards and
the like in Veteran's Park; and
WHEREAS. the City Commission finds that such regulations governing the use of skateboards in
Veteran's Park will serve to protect the safety, and to promote the aesthetics, and welfare of the citizens
of the City of Delray Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title 13, "General Offenses," Chapter 132, "Offenses Against Public Peace
and Safety," Section 132.09, "Skateboarding and the Like Prohibited," of the Code of Ordinances of the
City of Delray Beach, be, and the same is hereby amended to read as follows:
Section 132.09 SKATEBOARDING AND THE LIKE PROHIBITED.
It shall be unlawful for any person upon roller skates, skateboards, bicycles, or riding in
or by any means of any coaster, toy vehicle, play vehicle or similar device:
(A) With the exception of bicycles, to go upon any sidewalk along Atlantic
Avenue between State Road A1A on the east and 1-95 on the west.
(B) With the exception of bicycles, to go upon any sidewalk or paved area in
Veteran's Park.
(g C) To operate said device in a reckless manner on any public sidewalk. No
person shall ride a skateboard or roller-skate on a sidewalk without exercising due care for the
safety of others using the sidewalk.
Section 2. 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 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 immediately upon its passage on the
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
day of ,1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
skatebrd.ord