64-79 ORDINANCE NO. 64-79
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ADOPTING THE PROVISIONS OF RESOLUTION NO.
60-76 REGARDING DOCKAGE AT THE CITY MARINA, EXCEPT AMEND-
ING SAID PROVISIONS BY INCREASING THE PER FOOT PER DAY
CHARGE FOR DOCKAGE USAGE UNDER THE MONTHLY CONTRACT ~D
CONTRACTS OF FOUR (4) MONTHS DURATION OR MORE; 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 the rates for dockage at the City Marina shall
be in accordance with the following schedule:
(a) Day to day dockage $.30 per foot per day without
regard to whether or not people may be living on
board or not.
(b) Monthly contract:
(1) ~=~ $.17 per foot per day for dock use only.
(2) ~ ~.21 per foot per day ~-~e~le-w~-~
q~§-~a-be~-~~-~ka~e~ if boat will
require electrical and/or water service.
(3) Monthly contract renewals are subject to
$100.00 deposits.
(c) Monthly contract of four months duration or longer:
(1) ~9 $.16 per foot per day for dock use only.
(2) 6=~ $.19 per foot per day if people will be
livin~ on board during dockage with a 110 volt
hookup.
(3) 6=&4 $.20 per foot per day if people will be
livin% on board during dockage with a 220 volt
hookup.
(4) Monthly contract of four months duration or
longer requires first and last month rental in
~ advance.
(d) The rates set forth above shall be calculated based
on the actual length of a boat; however, there is
hereby established a'minimum charge per day for
each category based on an assumed length of thirty-
five feet.
(e) Upon payment of the proper fees set forth above,
persons living aboard while docked in the City
Marina will be furnished at no additional charge
electricity, water, garbage collection, and shower
facilities.
(f) All rental fees must be received by the first of
each month. Rentals unpaid by the 10th of the
month are subject to be leased at the first of the
following month.
Section 2. That the form of agreement attached hereto is made
a part hereof and such agreement shall be executed by each person, firm
or corporation using dockage space at the City Marina.
Section 3. That the attached rules and regulations are made a
part hereof and a copy of said rules and regulations shall be furnished
to each person, firm or corporation using dockage space in the City
Marina and it is hereby made a condition of such use that the aforesaid
rules and regulations be fully complied %~ith by such person, firm or
corporation. In addition, the Finance Department is hereby given
authority to promulgate without further Council approval, reasonable
rules and regulations for the use of dockage space in the City Marina
which shall be consistent with this Ordinance, the agreement attached
hereto, and the rules and regulations attached hereto.
Section 4. That the City of Delray Beach Finance Department is
hereby given the Administrative responsibility to carry out the terms
and conditions of this Ordinance and to collect the sums of money pro-
vided for herein. That wherever the term Dockmaster is used in the
attached agreement or rules and regulations, it shall be deemed to mean
the City of D~lray Beach Finance Department~
Section 5. 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 deci-
sion shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective October
1, 1979.
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of September , 1979.
_ M A y O~R
LEON M. WEEKES
ATTEST:
First Reading sept~__mber 10, 1979
Second Reading Septer~er 24, 1979
- 2 - Ord. No. 64-79
TIII$ ,h(;J~EEHJ':I]']', maclc t)~.i.:; tho day of' ..... ~19
~ ~DER~;].(;NED OWNER OR
,, ,r.~; ,, . .
WIJ. N].,,., ].:']'iI: J.l,,.t~ for and ~n consJ, dc:ra~Lon of ~hc co~enanks and
IT IS AG]?,I::]~I) AS }.,'OLLOWS:
1. The Marina operates and mainkains 'dockage facilities for %]]e use of
yac]]t and/or boat owners and ope~atoru.
2. The Owner agrees ~o pay the Harina for dock space at the rate of
paya]>le as follows:
),~ame of Vcssel: Overall length:
Beton: Draft: Power :, Sail.:
Registration No,: Slip
Estimated length of stay: Captain's Name: '
Owner or Owners:
R&sidence Address: '
]3usiness Address:
Business Phone: Residence Phone:
3. Thu :.iarina :,hall ha~e a lien auainst the above describ,?,] boat, her
a[~purt:en;inccf, and contents, for unpaid :;u:.t~; duu it for rent, da.marie caused to
any dockt~, property, or ?:r~on at th.~ t.;~ri:]a. If suit is brought to enforce
said li,.n, or to collect any amouut du(: under this Agrc(~,ent, the Owner and
the vcsn(.1 shall have an additional liability for reasonabl{] attorney's fees
and all oth,~r cost incurred in connection horcvzith.
4. 'rhi. s Agreement is for tho use of dock space only. Such space is to
be used at tb~ sole risk of the O%¢ncr. The f:arina shall not be liable for the
care of the protection of the boat, Jncluding h,3r gear or equipment.
5. The Harina i~ not responsible for losses 'on or damages to bo~ts in
the Harina. Boat Ownor[~ are responsible for dumage to dock structures and
pilings. In thc event of on emergency, the Harina reserves the right to move
~ats to other mooring places.
6. This Aurecmcnt is effective commencing ,
19 , ~;~ s]]sll contint:o, e:<copt as ~;~ocified in Paragraph 9 hereof, until
terminate(1 upon one of tho follow]ng conditions:
(a) By breach or forfcJture of any of the covenants or provisions
of this Agreement as provided els,~wherc in this Agreement.
(b) By written notice of termination by the Marina.
(c) ;~y %.~rJttcn notice of tcrminatiot] by the Ov,qy.r, accompanied by
tel%der o~ unpaid tce[~ or charge~;, if any.
(d) By the dock or mooring .faci].ity becoming unserviceable for
7. The rental ~hall be at the rate established by the City Council
from time to time. City Council reserves ti]e riqht to change the rates at any
time during this contract, subject however to qivinq 10 clays; notice to the
Owner prior to tho time ,ll)y s,c]l increa:;e shall, bo effective as to such Owner,
8. Ytritten'notic(. l,lailed or delivered to the ~;lip ilssi, qncd hereunder,
or to th,.. Owner's address a~ shown above, shal] conr;titute ::ufficJ. ent nol:ice
to the Owner and not,ce in writing del~w..rcd to the'Dockma:;tcr shall conr;titutc
sufficient notice to the l.l,~rJna conccrnin,1 thc tcrm:l of this Aqreemont.
9. The O~mer agretm Lo hold th~ ;.l,~rinn harmle~:s ,]n~l to idem, ify tho
Harina for any los~, damzlqo or liability il:t},o!;e,,l by rea:;on of any act or
o[ tile Marina facilities [or Lbo de~;crii,ed w~unel.
10. The Owner aqrc,-~; to comply with d].l 1;,w:~ pertaining t.o the Marina ·
the rt:n[.l], thi:i Agr(,cm~,nt i:; t~:'thwit, h t.~.rmiu~ltcd alltJ th(, II,lrin,i may remove
[dilurr.
Ihr'~' ,ll~' Iltt' I,t~,'lul
cITY 01'
1. It is our earnest desire to provide the ultimate in service,, safety and com-
fort for all our guests at the City of Delray Beach Marina, herein called the
'°Marina".
2. The Rules of the Road and the Nav£gat£on Laws o£ the United States appl-y to
nil vessels in or' approaching the Marina.
3· Guests d'eparting should notify the Deckmaster so that proper arrangements can
Be made to have docks clear upon return. The Marina reserves the right to rent
all docks when they are vacant,
4. Sub-leasing of slips by guests is not permitted. "
5. Noise should be kept to a minimum at all times. .o
Guests should use discretion in the operation of generating plants~.
engines and other power equipment so as not to create exceptional no'ise ~.~
6 p'.m. and Before 9 a.m.
7. .The extent: of boat repairs and maintenance at dockside is at the dis~
o£ the manager,~ent. Major repairs will not be allowed.
8. Piers are to be k~pt clear at all t'imes. Storage of loose gear is not per-
mitted. }loses and electric lines should not cross piers. No dock boxes shall
be placed on piers without specific approval of the Deckmaster, and then only one
· per slip.
'9. Pets are permitted as long as they do not disturb other guests. They should
be leashed at all t~mes and toileted only in designated areas.
~ -' 10. O.nly boats in seaworthy condition and under their own power will be admitted
to berthing areas.
.. · 11. All boats of Florida registry will be required to maintain a current Coast
Guard Courtesy Examination Certificate.
12. Berth will be assigned by the Dock,,aster, or his duly authorized represeht~.-
tire and no changes will be made With6ut his permission. The Deckmaster, or 'his
representative, may cancel the Dockage Agreement and order any vessel to vacate
... the space said vessel i~ occupying for the violation of any of the Marina's
rules or regulations.
13. It shall also be the responsibility of tenants to keep their vessels in such
· . condition that they d6 not become unsightly or di'lapidated or reflect unfavorably'
on the appearance standards of the Marina.
'' 14. No refuse shall be thrown Overboard. All garbage and trash shall ~e placed in
receptacles provided. No person shall discharge 0il, spirits, inflammable liquids,
or oily bilges into the basin.
15. Swimming, diving, or fishing, shall not be permitted from the docks or boats.
16. Laundry of any type or any item of a personal nature Shall not be hung to
dry out, or air, in public view aboard any vessel or any pier while a dockside
tenant of the Marina.
17. No advertising or soliciting will be permitted on any boat. However, any.
boat may display a small, not to exceed 1' square, "For Sale" sign.
: 18. It shall be unlawful for the Owner, Operator, or person in charge of any
vessel to remove said vessel from the Marina ProPerty without permission of the'
.. Deckmaster when said vessel has a delinquency in .its dockage account.
.( 19. Water siphons may not be used under any circumstances.
20. No fires of any kind shall be allowed on boats or main docks.
· ~.1. Automobiles must be ~ermitted by the D~ckmaster and then may only be parked
In the designated areas and maintained in good order.
.. : 22. Ch.eck(,ut time is 3 p.m. and boats occupying a berth after this time are
' charged dockage for that night. Notice must bo given by noon on date of
~ 2eparture.
· ~3. Please notify Dockmaster's office prior to departure·
· ~4. All boats must be able to produce evidence of liability insurance.
Any sugger~tion~ or complaint.q .qhould be brou¢~h~ ¢'0 the attention of the t.larina
~'o~""~ .-~_- %~- ~,~b~ you will have n nio~ stay with tls.