54-83 ORDINANCE NO. 5t~-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
AMENDING CHAPTER 17, "PARKS, BEACHES, AND RECREATION; ARTICLE
II, "MUNICIPAL BEACH", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA~ BY REPEALING SECTION 17-22, "SALES"~ AND
ENACTING A NEW SECTION 17-22, "SALES AND RENTAL OF GOODS OR
SERVICES", BY PROSCRIBING SALES AND RENTAL OF PROPERTY OR
SERVICES ON THE MUNICIPAL BEACH AND STATE ROAD AIA~ BY
PROVIDING FOR THE FRANCHISING OF ACTIVITIES BY THE CITY
COUNCIL~ BY PROVIDING CRITERIA FOR THE GRANTING OF MUNICIPAL
BEACH FRANCHISES, BY NOT ALLOWING ANY FRANCHISING ON STATE
ROAD AIA; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach owns and maintains a public beach East of State
Road AIA (Ocean Boulevard) in the City of Delray Beach; and,
WHEREAS, said beach attracts a large number of individuals for rest and recreation;
and,
WHEREAS, congestion in pedestrian and vehicular traffic results; and,
WHEREAS, the use of this area for commercial activity results in increased congestion;
and,
WHEREAS, the increased congestion results in hazards to persons and property; and,
WHEREAS, said commercial activity is contrary to the purposes for which the City of
Delray Beach maintains the public beach; to wit, for the relaxation, recreation, and enioyment
of individuals; and,
WHEREAS, Florida Statutes Section 339.301 prohibits commercial use of state-owned
right-of-way; and,
WHEREAS, State Road AIA (Ocean Boulevard) is a state road.
NOW~ THEREFORE~ BE IT ORDAINED BY THE 'CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORDIA, AS FOLLOWS:
Section 1. That Section 17-22~ "Sales", of Chapter 17, "Parks, Beaches and Recreation",
Article II, "Municipal Beach" of the Code of Ordinances of the City of Delray Beach, is hereby
repealed and a new Section 17-22, "Sales and rental of goods or services"~ is enacted to read as
follows:
17-22. Sales and rental of goods or services.
(a) No person shall engage in any sale, exchange, barter, rental, lease, or other
transfer of goods, property~ or services, whether tangible or intangible, on the municipal
beach or on the area west of said municipal beach between the easternmost edge of the
east curb of State Road AIA (Ocean Boulevard) and the west right-of-way line of State
Road AIA (Ocean Boulevard), except pursuant to a non-exclusive license contract, as
provided herein.
(b) Any person desiring to engage in activity prohibited herein shall apply to the
City Council through the City Manager for the execution of a non-exclusive license
contract.
(c) In determining whether it shall grant a license contract, and the terms and
conditions thereof~ the City Council shall consider, but shall not be limited to, the
following criteria-'
(1) Whether the proposed activity is consistent with the
operation of the municipal beach as being non-
commercial, recreational, and relaxing.
(2) Whether the activity is commonly associated with
relaxing, noncommercial, recreational marine beaches.
{3)The affect on the health, safety, and general welfare of
the bathers, swimmers, and individuals using the beach.
(6) The general public's demand for the proposed activity.
(5)The extent to which the proposed activity would disrupt
or interfere with the general activities on the beach.
The City Council shall place restrictions on said activity as it deems appropriate.
(d) The City Council shall not permit, and nothing herein shall be construed to
allow, the activity proscribed or prescribed herein to be conducted on any portion of the
State Road AIA (Ocean Boulevard) right-of-way maintained by the State of Florida, or
its designees.
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 which are in conflict
herewith are hereby repealed.
Section ~. That this ordinance shall become effective ten (10) days after passage
on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
9th day of August ,1983.
MA
ATTEST:
Clerk
First Reading July 26t 1983
Second Reading. August 9, 1983