50-82 ORDINANCE NO. 50-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "BOATS
AND BOATING", ARTICLE II, "ANCHORING AND MOORING",
DIVISION l, "GENERALLY", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 8-24, "REFUSAL TO REMOVE BOAT ILLEGALLY
MOORED TO PUBLIC PROPERTY", TO LIMIT THE SECTIONS'
APPLICABILITY ONLY TO THOSE AREAS OF THE PUBLIC
WATERWAYS LYING OUTSIDE OF THE MAIN CHANNEL OF THE
FLORIDA INTRACOASTAL WATERWAY; BY AMENDING SECTION
8-26, "ANCHORING IN RESTRICTED AREAS; WHEN ANCHORING
PERMIT REQUIRED", TO LIMIT ITS APPLICABILITY ONLY TO
THOSE AREAS OF THE PUBLIC WATERWAYS LYING OUTSIDE OF
THE MAIN CHANNEL OF THE FLORIDA INTRACOASTAL WATER-
WAY AND TO BOATS WHERE PERSONS ARE RESIDING OR SLEEP-
ING ABOARD, TO MAKE UNLAWFUL THE FAILURE TO OBTAIN
SUCH PERMITS, AND TO PROVIDE CERTAIN CRITERIA FOR
REVOCATION OR REFUSAL TO ISSUE SUCH PERMITS; BY
AMENDING SECTION 8-27, "WHEN ANCHORING AND MOORING
PERMITS NOT REQUIRED", BY ADDING A NEW SUBSECTION (C)
TO CLARIFY THE PROVISIONS RELATIVE TO BOATS BEING
AD3ACENT TO DOCKS; BY AMENDING SECTION 8-.28, "DISPLAY
OF ANCHORING AND MOORING PERMITS; PERMIT DURATION",
TO SPECIFICALLY RESTRICT THE DURATION OF SUCH PERMITS;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be in the
best interests of all the residents and citizens of the City of Delray Beach, Florida, to clarify and
place certain restrictions on the scope and application of the City's Anchoring and Mooring
ordinances; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, does hereby reassert
its legislative belief and decision that such ordinances, as modified herein, are enforceable and
applicable to the public waterways within the City of Delray Beach to the extent provided for in
such ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 8-2g, "Refusal to remove boat illegally moored to public
property", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Any person who shall tie, moor or dock any such boat at any point in the
public waterways lyinB outside the main channel of the Florida Intracoastal
Waterway where such boats are prohibited without the consent of the city council
or the city manager and without a permit issued by the city administration as
above provided, who shall refuse to remove such boat upon the order of the city
manager, or his delegated authority, shall be guilty of a violation of this Code of
Ordinances.
Section 2. That Section 8-26, "Anchoring in restricted areas; when anchoring permit
required", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(a) For the purpose of this section, "restricted area" shall mean any canal,
harbor or inlet opening directly into the Intracoastal Waterway, but not including
the main channel of the Florida Intracoastal Waterway.
(b) It shall be unlawful for any .~-boats ~l~-which are permanently or
temporarily being occupied by a person or per.sons or which a person or persons
are using as a residence~ to be anchored in the restricted area in the public
waterways within the city, as defined a.bove~ for more than a total of twenty-four
(2~) hours in any one-week period unless a permit is received from the city
manager or his designated representative. The city manager or his designated
representative shall issue a permit only after a determination that the requested
anchoring will not create an impediment to navigation or recreation, or otherwise
adversely affect the public health, safety and welfare, Such permits shall be
refusedr or if issued~ may be revoked ,at any tim,% ,by the c, it¥ manager or his
designated representative, if it is determined by the city manager or his
desil~nated representativ% that the owners or occupants of the boat for which the
permit is issued are in violation of an), ordinances of the City of Delray Beacht or
arer by their action or inaction causing or maintaining a public nuisance~ or a
health and/or sanitar7 hazard.
Section 3. That Section 8-27, "When anchoring and mooring permits not required", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows..
(a) Private docks. Nothing contained in this chapter shall be construed as
prohibiting the anchoring or mooring of boats adiacent to private docks whether
or not located in the restricted area. This exception shall only be applicable as to
boat(s) which are being anchored or moored adjacent to a private dock with the
permission of the owner of the private dock.
(b) Public docks. Nothing contained in this chapter shall be construed as
preventing the anchoring or mooring of boats adjacent to public docks leased to
private interests whether or not in the restricted area. This exception shall be
applicable only to the lessee of public dock space(s).
(c__~) As used in this section, the phrase "adjacent to" shall mean imm-
ediatel¥ beside or ont¥ within that distance which does not interfere with or
impede navigation or recreationz and which is required to allow for turning of the
boat by wave or tidal action without causing damage to the boat or the adjacent
property.
Section ~. That Section &-23, "Display of anchoring and mooring permits; permit
duration", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
The owner or operator of a boat receiving a permit under this chapter is
required to keep the permit displayed on the subiect boat in such a manner as to
be clearly visible on the exterior of said boat. The form and size of permit to be
issued shall be determined by the city manager or his designated representative.
The time period for which a given permit is to be effective shall be determined by
the city manager or his designated representative at the time of issuance, but~
unless an emer~enc), exception for extenuating circumstances is ~ranted by the
city manager or his desi)~nated representativer in no case shall any such permit be
effective for more than seven (7) continuous calendar days, nor more than ten (10)
calendar days in any one (1) calendar year. The time period for which a mooring
permit is to be effective shall be determined by the city council at the time of
the authorization of its issuance.
Section 3. That all ordinances or parts of ordinances which are in conflict herewith are
hereby repealed.
Section 6. 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.
2 ORD. NO. 50-82
Section 7. That this ordinance shall become effective ten (10) days after passa§e on
seconal and final reading.
PASSED AND ADOPTED in re§ular session on second and final reading on this the 10th
day of .Auqust ,1982.
ATTEST:
C~ Clerk
First Reading July 27, 1982
Second Reading Auqust 10, 1982
ORD. NO. 50-82