Ord 03-03t
ORDINANCE NO. 3-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
IX, "GENERAL REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING CHAPTER 101, "PARKS, BEACHES AND
RECREATION", BY AMENDING SECTION 101.24,
"TRAFFIC REGULATIONS", IN ORDER TO PROVIDE
FOR THE SAFETY OF CITIZENS AND TOURISTS
ENJOYING THE CITY OF DELRAY BEACH'S MUNICIPAL
BEACH BY PROHIBITING THE USE, OPERATION, AND
PROPELLING OF PARASAILS, PARACHUTES AND HANG
GLIDERS ON THE MUNICIPAL BEACH SITE;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
for the health, safety and welfare of its citizens enjoying the City's beaches; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prevent
uses that are dangerous to the City's beach-going citizens and tourists.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and
Recreation", Section 101.24, "Traffic Regulations", of the Code of Ordinances of the City of Delray
Beach, be, and the same is hereby amended to read as follows:
(A) No person shall drive, propel or cause to be driven or propelled along or
over any road within any park, any vehicle at a greater rate of speed than posted, and in any
event, not more than 25 miles per hour.
03) No person shall use, operate or propel or cause to be used, operated, or
propelled on any municipal beach site, any parasail, parachute, or hang-glider.
Oi?O(C) No person shall park or store any motor vehicle, motorcycle, bicycle, wagon
or other vehicle within a park, recreation or municipal beach site except in places designated
for such purposes.
1 ORD. NO. 03-03
{C-)OD) Laws of the city requiring lights on vehicles shall apply to vehicles in a park,
recreation or municipal beach site.
~(E) Vehicles shall be restricted to drives, roadways, paths, walks and trails
established for such purposes. Footpaths or walks designated for pedestrian travel shall not
be used for vehicular travel.
{E-)0:) No motor vehicles shall be driven upon the municipal beach without a
written permit from the Parks and Recreation Department.
0::)(G) All ordinances of the city with respect to vehicles shall be in full force and
effect m the parks of said city.
(G-)(}-I) No person shall ride any horse or other animal within any park and
recreation site, except upon bridle paths designated as such.
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 ,2003.
ATTEST:
MAYOR
CITY CLERK
First Reading~..~ '
Second Rea~g~~'
2 ORD. NO. 03-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \eO{-~ - REGULAR MEETING OF FEBRUARY 18, 2003
ORDINANCE NO. 3-03
FEBRUARY 14, 2003
This ordinance is before Commission for second reading to amend Chapter 101, "Parks, Beaches, and
Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic Regulations", to
prohibit the use, operation, and propelling of parasails, parachutes, and hang gliders on the City's
municipal beach.
At the first reading on February 4, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 3-03 on second and final reading.
S:\City Clerk\chevelle folder\agenda memos\Ord.3.03.2.18.03
I:IT¥ OF DELRII¥ BEACH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
Wr,ter's Direct Line: 561/243-7090
1993
DATE:
TO:
FROM:
MEMORANDUM
January 30, 2003
David T. Harden, City Manager
Terrill Pyburn, Assistant City Attorney
SUBJECT: Revised Motorized Parasailinq Ordinance
Please review the attached ordinance, and, if it meets with your approval, please
remove the earlier version and place this new one on the agenda for the February
4th, 2003 Commission meeting. Please note that this new ordinance simply
removes the words "on or above any municipal beach site" and limits our control to
the regulation of parasails, parachutes and hang-gliders "on any municipal beach
site" because we can not regulate the airspace above the beach.
Do not hesitate to let me know if you have any questions. Thanks.
TCP:smk
Attachment
Pnnted on Recycled Paper
ORDINANCE NO. 3-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DFJ,RAY BEACH, FLORIDA, AMENDING TITLE
IX, "GENERAL REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING CHAPTER 101, "PARKS, BEACHES AND
RECREATION", BY AMENDING SECTION 101.24,
"TRAFFIC REGULATIONS", IN ORDER TO PROVIDE
FOR THE SAFETY OF CITIZENS AND TOURISTS
ENJOYING THE CITY OF DELRAY BEACH'S MUNICIPAL
BEACH BY PROHIBITING THE USE, OPERATION, AND
PROPELLING OF PARASAILS, PARACHUTES AND HANG
GLIDERS ON THE MUNICIPAL BEACH SITE;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
for the health, safety and welfare of its citizens enjoying the City's beaches; and
WHEREAS, the City Commission of the City of Dekay Beach, Florida, desires to prevent
uses that are dangerous to the City's beach-going citizens and tourists.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and
Recreation", Section 101.24, "Traffic Regulations", of the Code of Ordinances of the City of Dekay
Beach, be, and the same is hereby amended to read as follows:
(A) No person shall drive, propd or cause to be driven or propelled along or
over any road within any park, any vehicle at a greater rate of speed than posted, and in any
event, not more than 25 miles per hour.
(B) No person shall use. operate or propel or cause to be used, operated, or
propelled on any municipal beach site, any parasail, parachute, or hang-glider.
0~-)(C) No person shall park or store any motor vehicle, motorcycle, bicycle, wagon
or other vehicle within a park, recreation or municipal beach site except in places designated
for such purposes.
1 ORD. NO. 03-03
(C-)(D) Laws of the city requiring lights on vehicles shall apply to vehicles in a park,
recreation or municipal beach site.
(:D)(E) Vehicles shall
established for such purposes.
be used for vehicular travel.
be restricted to drives, roadways, paths, walks and trails
Footpaths or walks designated for pedestrian travel shall not
~a~,)~]~l No motor vehicles shall be driven upon the municipal beach without a
written permit from the Parks and Recreation Department.
kCl~)(G) All ordinances of the city with respect to vehicles shall be in full force and
effect in the parks of said city.
(C:r)(I-I) No person shall ride any horse or other animal within any park and
recreation site, except upon bridle paths designated as such.
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 rega_fiar session on second and final reading on this the
day of ,2003.
MAYOR
ATFEST:
CITY CLERK
First Reading
Second Reading
2 ORD. NO. 03~03
Florida Kitesurfing Association, Inc.
A Florida Nonprofit Corporation
February 18, 2003
Delray Beach City Commission
Attn.: David Schmidt,
Jeff Perlman,
Pat Archer,
Jon Levmson,
Alberta McCarthy,
Mayor (Mayor@ MyDelrayBeach.com)
Vice Mayor (JPerlman@MyDelrayBeach.com)
Deputy Vice Mayor (PArcher@ MyDelrayBeach.com)
Commissioner (JonLewnson@MyDelrayBeach.com)
Commissioner (AlbertaMccarthy@ MyDelrayBeach.com)
RE: Ordinance 3-03
First, the Florida Kitesuding Association (FKA), in representing the kitesurfers (or kiteboarders) of
Delray Beach, other areas within the State of Florida and from abroad, wishes to sincerely thank
the City Commission for undertaking the fourth beach renourishment project. This project
brought well deserved recognition to the City through an award for 2002 American Coastal
Coalition Top Restored Beaches Awards.
As we understand, this critical project was carried out at NO net expense to City of Delray
residents through municipal taxes as project costs are to be reimbursed from Federal, State and
County appropriations according to your press release 5-2002. In this way the citizens of Delray
Beach and visitors from all over may enjoy this marvelous wide beautiful beach. Beach area
residents were projected to receive a boon in rapid property appreciation through this essential
and well executed beach improvement. In fact the return to the area as a consequence of the
project was estimated to be $1.3 Million dollars per year. The Commission is to be thanked and
congratulated on restoring this magnificent resource for the public to enjoy so very successfully.
The FKA has received some indications that Ordinance 3-03 may possibly be intended to restrict
kiteboarding activity off of the beach south of the guarded municipal beach or south of the
Seagate Club. Furthermore some indications have been received that powered paragliding may
have been confused with kiteboarding in directing the intent of this ordinance.
We have enclosed a short comparison of powered paragliding and kiteboarding that we hope will
remove any confusion regarding these two activities. Powered paragliding of a necessity must
utilize a gasoline motor for propulsion that may disturb others in the area whereas kiteboarding
does not. Kiteboarding is a quiet, water-borne activity that ~s normally conducted well offshore.
Kiteboarding normally provides an intriguing and beautiful spectacle for other beachgoers to
watch. Furthermore, kiteboarding should not present a legitimate nuisance to other beach
patrons or beach area residents.
Director
Florida Kitesurfing Association, Inc.
enclosure
FLORIDA KITESURFING ASSOCIATION, INC
P.O. Box 4471 Boynton Beach, FL 33424
http://,qroups yahoo.com/,qroup/FKSA flk~tesurfer @ hotmail.com
561-734-5722
Powered Para lidin
VS.
Propulsion: 15 hp Gasoline Motor
Components: Motor w/wooden propeller, Paraglider
Noise: 110dB beside unit, 60dB reported at 330 ft.
Can Hover over houses: Yes
Altitude: 50 to 150 ft. typical, up to 9,000 ft.
Flight Duration: 2 to 3 hours
Area of use: Over land and water
Wind
Kite, Board, Bar, NO MOTOR
Almost no noise
No
Short jumps to 10 to 15 ft. off the water
5 seconds
On the water exclusively
i00