33-79 ORDINANCE NO. 33-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING SECTION 7-1(16) OF THE CODE OF
ORDINANCES AND RENUMBERING SECTIONS 7-1(17) AND 7-1(18),
REPEALING SECTION 7-2 AND ENACTING A NEW SECTION 7-2
PROHIBITING THE STORAGE OF BOATS ON THE MUNICIPAL BEACH,
EXCEPT NON-MOTORIZED BOATS NOT EXCEEDING 20 FEET IN
LENGTH, DESIGNATING AN AREA IN WHICH STORAGE OF NON-
MOTORIZED BOATS WILL BE PERMITTED UPON THE OBTAINING OF
A PERMIT FROM THE CITY, PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City had previously amended its ordinanca to
permit the storage of non-motorized boats not exceeding 20 feet in
length on the municipal beach; and,
WHEREAS, since ~he amendment of the ordinance there has been a
proliferation of the haphazard storage of boats on the municipal beach
interfering with its use as a recreational bathing facility; and,
WHEREAS, the City has only a limited area of public beaches;
and,
WHEREAS, it is the purpose of this ordinance to provide for the
safety of the bathers at the public beaches, and it is necessary in
order to accomodate the interests of those using the public beach as a
recreational bathing facility and those desiring to use the beach for
the storage of boats, and in that regard, to establish regulations
regarding the storage of boats as to location, number, and permitting
procedures,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 7-1(16) of the Code of Ordinances of
the City of Delray Beach is hereby repealed.
Section 2. That Sections 7-1(17) and (18) are hereby renumbered
respectively (16) and (17).
Section 3. That Section 7-2 is hereby repealed.
Section 4. That there is hereby enacted a new Section 7-2 to
read as follows:
7-2 STORAGE OF BOATS ON THE MUNICIPAL BEACH
(1) For the purposes of this Section 7-2 "municipal
beach" shall mean the same area designated in Section
7-1(17).
(2) It shall be unlawful for any person to store, leave,
or park any boat on the municipal beach except in
accordance with the regulations set forth in this
Section 7-2.
(3) Non-motorized boats not exceeding 20 feet in length
may be stored on the municipal beach provided that:
a. That the owner of the boat has obtained a boat
storage permit from the City of Delray Beach,
Florida.
b. That the boat is stored only in the area of the
municipal beach designated for boat storage.
(4) The area of the municipal beach in which boat storage
under this ordinance will be permitted is as follows:
Bounded on the north by the north right-of-way line
of Beach Drive designated by the Florida Department
of Transportation as SLD MP 10.358; on the south by a
line parallel to said north right-of-way line a
distance of 300 feet at right angles south; on the
west by the western edge of the sand portion of the
municipal beach; and on the east by a line running
north and south at right angles to the north right-
of-way line of Beach Drive that is ten (10) feet west
of the average mean high tide line. This area shall
be indicated on the municipal beach by appropriate
signs to be erected by the City Administration.
(5) The owne~ of a boat who desires to store it in the
area designated above shall make application to the
City Administration for a boat storage permit, which
application shall be in a form to be prescribed by
the City Administration containing as a minimum the
name and address of the boat owner, together with any
identifying registration numbers of such boat issued
by other governmental agencies, and the type or model
of boat for which application is being made. The
maximum number of boat storage permits which the City
Administration may have outstanding at any time is
30.
(6) The permit fee to be submitted with the application
shall be $50.
(7) Each boat storage permit shall be issued to be effec-
tive for a period that coincides with the City's
fiscal year. All permits shall expire annually at
the end of the City's fiscal year regardless of the
date of issuance.
(8) The boat storage permit shall be of a type that will
permit it to be and it shall be securely affixed to
the boat for which the permit is issued. It shall be
affixed to the port bow of the boat or in the case of
a multi-hulled boat it shall be affixed to the port
bow of the outermost hull.
(9) Boat owners shall be given a period of 30 days after
the effective date of this ordinance in which to
obtain the necessary boat storage permit from the
City or remove their boat from the municipal beach.
After the expiration of 15 days from the effective
date of this ordinance, the City Administration shall
affix a notice to any boat remaining on the municipal
beach without the proper permit, which shall give the
owner thereof notice that within 15 days the owner
must either obtain a boat storage permit from the
City or remove the boat from the municipal beach.
The notice shall further advise the owner that in the
event a boat storage permit is not obtained and the
boat remains on the municipal beach after this period
of time, the boat owner will be subject to a fine of
$10 per day for each day the boat remains on the
municipal beach and that if the boat remains on the
municipal beach for 10 days in violation of this
provision that it shall be subject to impoundment by
the City of Delray Beach and that in addition to
paying the $10 per day fine (which shall also be
applicable during the period of impoundment) the boat
owner as a condition precedent to obtaining the
return of his boat shall be responsible for all
expenses of the City in impounding it and all storage
costs thereof.
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Section 5. That should any section or provision of this ordi-
nance 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.
Section 6. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ~ day of May , 1979.
LEON M. WEEKES
ATTEST:
First Reading May. 14, 1979
Second Reading . May 29w 1979
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