43-85 ORDINANCE NO. 43-$5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 17, "PARKS, BEACHES AND
RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING ARTICLE II, "MUNICIPAL BEACH", BY
ENACTING A NEW SECTION 17-36, "SLEEPING/CAMPING ON MUNICIPAL
BEACH DURING CERTAIN NIGHTTIME HOURS PROHIBITED", PROVIDING
THAT NO PERSON SHALL SLEEP/CAMP ON THE MUNICIPAL BEACH
BETWEEN THE HOURS OF 9:00 P.M. AND 6:00 A.M.; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach desires to preserve and protect the beauty of the
City's public beaches as such beaches are invaluable natural assets; and,
WHEREAS, the City's beaches are intended to be used solely for recreational purposes and
are not intended to be used for overnight sleeping/camping during nighttime hours; and,
WHEREAS, permitting persons to sleep upon the Cityts beaches during nighttime hours will
negatively affect the appearance of the City's beaches, and will require the unwarranted expenditure
of City funds in order to provide a reasonably safe and healthy sleeping environment for those who
may attempt to sleep upon the City's beaches during nighttime hours; and,
WHEREAS, persons who sleep on the beach are exposed to the risk of harm from others or
from the elements and that prohibiting persons from sleeping or camping upon the City's beaches
during certain nighttime hours will promote the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article II, "Municipal Beach", of the Code of Ordinances of the City
Delray Beach, Florida, be amended by enacting a new Section 17-36, "Sleeping/camping on municipal
beach in the nighttime prohibited", to read as follows:
Sec. 17-36. Sleeping/camping on municipal beach during certain nighttime hours prohibited.
It shall be unlawful for any person to sleep or camp (as that term is ordinarily defined) on
any public beach within the corporate limits of the City of Delray Beach between the hours of 9:00
p.m. and 6:00 a.m. of the following day.
Section 2. That all ordinances or parts of ordinances which are in conflict herewith are
hereby repealed.
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.
S.e. ction g. That this ordinance shall become effective ten (10) days after its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of May ,1985.
ATTEST:
City C~l~rk
First Reading april 23~ 1985
Second Reading ,. l~la¥ 14t. 1985