42-81 ORDINANCE NO. g2-81
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER $ "BOATS AND
BOATING", ARTICLE II "ANCHORING AND MOORING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 8-23 "MOORING TO PUBLIC
PROPERTY; WHEN MOORING PERMIT REQUIRED" TO REQUIRE
THE PERMISSION OF THE CITY COUNCIL OR THE CITY
MANAGER IN ORDER TO TIE OR MOOR ANY BOAT TO ANY CITY
PROPERTY; AMENDING SECTION 8-2At "REFUSAL TO REMOVE
BOAT ILLEGALLY MOORED TO PUBLIC PROPERTY"; AMENDING
SECTION 8-25 "MOORING PERMIT REVOCATION"; AMENDING
SECTION 8-26 "ANCHORING IN RESTRICTED AREAS; WHEN
ANCHORING PERMIT REQUIRED" TO ELIMINATE ITS APPLICA-
BILITY TO BOATS ON THE INTRACOASTAL WATERWAY; AMEND-
ING SECTION g-25 "DISPLAY OF ANCHORING AND MOORING
PERMITS; PERMIT DURATION" TO PROVIDE THAT THE DURA-
TION OF A MOORING PERMIT SHALL BE DETERMINED BY THE
CITY COUNCIL; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That Chapter 8 "Boats and Boating", Article II "Anchoring and
Mooring", Section 8-23 "Mooring to public property; when mooring permit required" of the
Code of Ordinances of the City of Detray Beach, Florida, is hereby amended to read as
follows:
It shall be. unlawful to tie or moor any boat to any real or personal
property which is owned or leased by the city, or which has been
dedicated to the public use, gar more :h:~: tct~ cf .~::e~ty I:::-(2~')
~,....~ ..... ...: .......... _.j ~..~ .c-k~ ~cri~ unless permission to do so has been
~ranted either b.7 the city council if permission to tie or moor a period
of more than six (6) hours is soughtr or by the city manager~ if
permission is soul, hr for a period of less than six (6) hours~ and~ in
addition~ a permit therefor has been -~btci~.cd ircm t~c ci:y re. ar. ago; ar
hi: dc:~gm..:ted reprecc.~t:ti':o, issued by the city administration. The
city ma.-.agar or hi: dc:ig,-~atc-d re~rc:cnta'.',ivc ~,.~I1,.~ .... th~ council or
city manager shall authorize the issuance of a permit only after a
determination that the requested tying or mooring of such boat will not
create an impediment to navigation or recreation, or otherwise ad-
versely affect the public health, safety and welfare.
SeCtion 2. That Chapter 8 "Boats and Boating", Article II "Anchoring and
Mooring", Section 8-24 "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
Intracoastal Waterway where such boats are prohibited without the
consent of the city memege~ 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 3. That Chapter 8 "Boats and Boating", Article II "Anchoring and
Mooring", Section 8-25 "Mooring permit revocation" of the Code of Ordinances of the City
of Delray Beach, Florida is hereby amended to read as follows:
Any permit so issued by the city rrrarra~,,~-administration shall be
conditioned upon the basis that it may be revoked at any time upon a
determination by hies the city council that the boat interferes with the
public use of said faculties or that such mooring is a public nuisance.
Section ~. That Chapter $ "Boats and Boating", Article II "Anchoring and
Mooring", 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:
fa) For the. purpose of this section, "restricted area" shall mean
~ ~ ~i any canal, harbor or inlet opening directly
into the Intracoastal Waterway.
(b) No boats shall be anchored in the restricted area in the public
waterways within the city for more than a total oi twenty-four (24}
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 determina-
tion that the requested anchoring will not create an impediment to
navigation or recreation, or otherwise adversely affect the public
health, saiety and welfare.
Section 5. That Chapter g "Boats and Boating", Article II "Anchoring and
Mooring", Section 8-28 "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 subject boat in such a
manner'as to be clearly visible on the exterior of said boat. The form
and size of the permit to be issued shall be determined by the city
manager or his designated representative. ~ The time period for
which an_ ~ anchorin)~ permit is to be effective shall be determined
by the city manager or his desi§nated representative at the time of
issuance. The time period for which a moorin~ permit is to be effective
shall be determined by the city council at the time of the authorization
of its issuance.
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.
Section 7. That this ordinance shall become effective ten days alter
passage on second and final reading.
PASSED AND ADOPTED in re§ular session on second and final reading on
this the 8thday of September ,1981.
MAYOR
LEON M. WEEKES
ATTEST:
//Y City Clerk
First Reading August 25, 1981
Second Reading September 8, 1981
2 Ord. No. 42-81