Ord 22-06
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,
ORDINANCE NO. 22- 06
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 101, "MUNICIPAL PARKS, BEACHES AND
OTHER RECREATIONAL SITES", OF THE CODE OF
ORDINANCES OF THE CIlY OF DELRA Y BEACH, BY
AMENDING SECTION 101.23, "CRIMINAL TRESPASS",
TO CLARIFY THAT BUILDINGS SHALL INCLUDE BUT
NOT BE LIMITED TO LIFEGUARD TOWERS;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, there has been an increase in vandalism of lifeguard towers recendy; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
clarify that it shall constitute criminal trespass to enter any building that is closed or not available for
public use, including lifeguard towers.
NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 101, "Municipal Parks, Beaches and other Recreational Sites",
Section 101.23, "Criminal Trespass", of the Code of Ordinances of the City of Dekay Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 101.23
CRIMINAL TRESPASS.
(A) No person shall remain within any park, recreation or municipal beach site
who does not abide by conditions adopted and posted by the Parks and Recreation
Department for the preservation of good order and the protection of property within the
park. No person shall remain within any park, recreation or municipal beach site who does
not abide by the instructions and directions of the duly authorized peace officers or agents
of the department, in the lawful performance of their duties. No person shall enter any
building that is closed or not available for the public use including but not limited to
lifeguard towers. Any person directed by a police officer or agent of the department to leave
the park, recreation or municipal beach site shall do so prompdy and peaceably.
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same are hereby repealed.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.
final reading.
That this ordinance shall become effective upon its passage on second and
rP PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of (Y)~ 2006.
~L~_
A OR
ATTEST:
,-~I~,
~City Clerk
First Reading n~J I ~/~~ln
Second Reading ~7'~/ ~ltJ
2
ORD NO. 22-06
MEMORANDUM
TO:
FROM:
MAYOR AND CIlY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # \ Q ~ - REGULAR MEETING OF MAY 2.2006
ORDINANCE NO. 22-06
SUBJECT:
DATE:
APRIL 28, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 101,
"Municipal Parks, Beaches and Other Recreational Sites", of the Code of Ordinances by amending
Section 101.23, "Criminal Trespass", to clarify that buildings shall include but not be limited to
lifeguard towers.
At the first reading on April 18, 2006, the Commission passed Ordinance No. 22-06.
Recommend approval of Ordinance No. 22-06 on second and final reading.
S:\City Clerk\agenda memos\Ord. No. 22-06 Lifeguard Towers 050206
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[IT' DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE
.'I',i '\\\ 1.'1 /\\'L'\I I ., !<\Y BEACH. FLORIDA 33444
Ii iJI'fi()'~F~(.! , "~I 'I\CS[l\llLE: 56[/278-4755
DELRAY BEACH
F LOR IDA
ld.tI.II
All-America City
, III I! DATE:
Writer's Direct Line: 561/243-7091
MEMORANDUM
April 3, 2006
1993
2001
TO:
City Commission
David Harden, City Manager
p0
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Vandalism of LifeQuard Towers Ordinance No. 22-06
Attached please find an ordinance amending Section 101.23, "Criminal Trespass",
to clarify that buildings shall include but not be limited to lifeguard towers.
Please place this ordinance on the April 18, 2006 City Commission agenda and
call if you have any questions.
Thank you.
TCB:smk
Attachment
cc: Chevelle Nubin, City Clerk
l&A
ORDINANCE NO. 22- 06
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AMENDING
CHAPTER 101, "MUNICIPAL PARKS, BEACHES AND
OTHER RECREATIONAL SITES", OF THE CODE OF
ORDINANCES OF THE CIlY OF DELRA Y BEACH, BY
AMENDING SECTION 101.23, "CRIMINAL TRESPASS",
TO CLARIFY THAT BUILDINGS SHALL INCLUDE BUT
NOT BE LIMITED TO LIFEGUARD TOWERS;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, there has been an increase in vandalism of lifeguard towers recendy; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
clarify that it shall constitute criminal trespass to enter any building that is closed or not available for
public use, including a lifeguard towers.
NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 101, "Municipal Parks, Beaches and other Recreational Sites",
Section 101.23, "Criminal Trespass", of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Section 101.23
CRIMINAL TRESPASS.
(A) No person shall remain within any park, recreation or municipal beach site
who does not abide by conditions adopted and posted by the Parks and Recreation
Department for the preservation of good order and the protection of property within the
park. No person shall remain within any park, recreation or municipal beach site who does
not abide by the instructions and directions of the duly authorized peace officers or agents
of the department, in the lawful performance of their duties. No person shall enter any
building that is closed or not available for the public use including but not limited to
lifeguard towers. Any person directed by a police officer or agent of the department to leave
the park, recreation or municipal beach site shall do so prompdy and peaceably.
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.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of 2006.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD NO. 22-06
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Boca Raton/Delray Beach News - Friday/Saturday, April 2t -22, 2006 37
www.bocanews.com ·
100
ANNOUNCEMENTS
101 Legal \olIC'es
CITY OF DELRAY BEACH,
FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING wil be held on
the following proposed ordinances at
700 p.m. on TUESDAY. MAY 2, 2006
(or al any continuation of such meet-
ing W~ich is set ~ the Commission), in
the CIty Commission Chambers, 100
N.W 1st Avenue, Delray Beadl, Aor-
id,a, al which time the City Commission
will consider their adoption. The pro-
posed 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. and-5:00 p.m.. Monday
through Friday, except holidays. All
inleresled parties are invi1ed to attend
and be heard with respect to the pro.
posed ordinances.
ORDINANCE NO. 2N6
AN ORDINANCE OF THE CITY COM,
MISSION OF THE CITY OF DELRAY
BEACH. FLORIDA, AMENDING
CHAPTER 101. 'MUNICIPAL PARKS
BEACHES AND OTHER RECREA:
TlONAL SITES', OF THE CODE OF
ORDINANCES DF THE CITY OF
DELRAY BEACH. BY AMENDING
SECTION 101.23. 'CRIMINAL TRES,
PASS., TO CLARIFY THAT BUILD,
INGS SHALL INCLUDE BUT NOT BE
LIMITED TO LIFEGUARD TOWERS.
PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY COM'
MISSION OF THE CITY OF DELRAY
BEACH. FLORIDA, AMENDING
CHAPTER 36, 'FINANCE: CITY
PROPERTY TRANSACTIONS', OF
THE CODE OF .ORDINANCES OF
THE CITY OF DELRAY BEACH BY
AMENDING SECTION 36.01
'COMPLIANCE WITH STANDARD
PRACTICE INSTRUCTIONS', TO
PROVIDE THAT INVITATIONS TO
NEGOTIATE ARE EXEMPT FROM
THE REQUIREMENTS OF CHAPTEFI
36; PROVIDING A GENERAL REL
PEALER CLAUSE, A SAVING
CLAUSE. AND AN EFFECTIVE
DATE
ORDINANCE NO. 24-06
AN ORDINANCE OF THE CITY COM.
:'AISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHA.PTER 35, 'EMPLOYEE POll.
CIES AND BENEFITS', SUBHEAD.
ING "RETIREMENT PI AN' OF THF
101 Legal
CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH. FLORIDA,
BY AMENDING SECTION 35.097.
'RETIREMENT INCOME: BASIS.
AMOUNT AND PAYMEN<, TO PRO-
VIDE FOR PAYMENT OF LUMP,SUM
DISTRIBUTIONS IN EXCESS OF
51,000.00 ONLY UPON THE WRIT.
TEN ELECTION OF A MEMBER OR
DESIGNATED BENEFICIARY: PRO.
VIDING A GENERAL REPEALER
CLAUSE; A VALIDITY CLAUSE; AND
AN EFFECTIVE DATE.
ORDINANCE NO, 25-06
AN ORDINANCE OF THE CrTY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA. AMENDING
CHAPTER 33, 'POLICE AND FIRE
DEPARTMENTS', SUBHEADING
"PENSIONS', OF THE CODE OF OR,
DINANCES OF THE CITY OF DEL-
RAY BEACH, FLORIDA, BY AMEND.
ING SECTION 33.62. "BENEFIT
AMOUNTS AND ELIGIBILITY", AND
SECTION 33.67 "OTHER PROVI,
SIONS', TO PROVIDE FOR PAY.
MENT OF LUMp.SUM DISTRIBU.
TIONS IN EXCESS OF 51.000.00
DNLY UPON THE WRITIEN ELEC.
TION OF A MEMBER OR DESIG.
NATED BENEFICIARY; PROVIDING
A GENERAL REPEALER CLAUSE A
SAVING CLAUSE; AND AN EFFEC'
TIVE DATE.
Please be adllised that if a person de-
cides 10 appeal any decision made by
the CHy Commission wi1h respect 10
any maUer considered al Ihese hear-
ings. such person may need to ensure
that a verbalim record includes the
testimony and evidence upon which
the appeal is to be based. The City
does not provide nor prepare such
record. Pursuant to FS. 2BS.01bs.
CITY OF DELRAY BEACH
Chevelle D. Nubin
City Clerk
PUBLISH Friday, April 21 , 2006
Boca Raton I Delmy Beach News