55-79 ORDINANCE NO. 55-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 8 "BOATS, DOCKS AND
WATERWAYS" ARTICLE I, BY REPEALING SECTION 8-2 AND
ENACTING NEW SECTION 8-2 TO CLARIFY RESTRICTIONS ON
MOORING BOATS IN CERTAIN AREAS; ENACTING A NEW SECTION
8-3.1 TO RESTRICT THE ANCHORING OF BOATS IN CERTAIN
RESTRICTED AREAS OF THE PUBLIC WATERWAYS; REPEALI'NG
SECTION 8-5 AND ENACTING A NEW SECTION 8-5 CONTAINING
EXCEPTIONS TO THE PROHIBITION ON MOORING OR A~]CHORING OF
BOATS; ADDING NEW SECTION 8-6 REGARDING POSTING OF SIGNS
AND SECTION 8-7 REGARDING DISPLAY OF PE~ITS; 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 1. That Section 8-2 of the Code of Ordinances is here-
by repealed and new Section 8-2 is enacted to read as follows: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
of Delray Beach, or which has been dedicated to the
public use, for more than a total of 24 hours in any one
week period unless a permit therefor has been obtained
from the City Manager or his designated representative.
The City Manager or his designated representative shall
issue the permit only after a determination that the re-
quested 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 a new Section 8-3.1 is hereby enacted to read
as follows:
Sec. 8-3.1 Anchoring Boats in Public Waterways-Restric-
tions Imposed in Certain Areas.
(a) For the purpose of this section "restricted
area" shall mean the Intracoastal Waterway and 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
of Delray Beach for more than a total of 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 determination that the re-
quested anchoring will not create an impediment to navi-
gation or recreation, or othe~;ise adversely affect the
public health, safety and welfare.
Section 3. That Section 8-5 of the Code of Ordinances is
hereby repealed and a new Section 8-5 is hereby enacted to read as
follows:
Sec. 8-5 Exceptions.
(a) Nothing contained in this Chapter shall be
construed as prohibiting the anchoring or mooring of
boats adjacent to private docks whether or not located in
the restricted area. This exception shall only be applic-
able 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) 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).
Section 4. That a new section 8-6 is hereby enacted to read as
follows:
Sec. 8-6 Posting of signs.
The City Manager or his designated representa-
tive is hereby authorized to pest signs informing the
public of the provisions of this Chapter.
Section 5. That a new section 8-7 of the Code of Ordinances is
hereby enacted to read as follows:
Sec. 8-7 Display of permits.
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 permit to be issued shall be determined by
the City Manager or his designated representativa. Also
the time period for which a given permit is to be effec-
tive shall be determined by the City Manager or his
designated representative at the time of 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
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 10th day of September , 1979.
M A Y O~R
LEON M. WEEKES
ATTEST:
City Clerk
First Reading August 27, 1979
Second Reading .September 10, 1979
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