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81-79 {VOID) ORDINANCE NO. 81-79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO ADD A NEW SECTION PROHIBITING ROLLER SKATING AND THE USE OF ROLLER SKATES AND SKATE-' BOARDS IN SPECIFIED AREAS OF THE CITY OF DELRAY BEACH DESCRIBED AS SIDEWALKS ON THE NORTH AND SOUTH SIDES OF ATLANTIC AVENUE, FROM SWINTON AVENUE ON THE ~EST TO FLORIDA STATE HIGHWAY A-1-A ON THE EAST, SIDEWALKS ON THE EAST SIDE OF SAID HIGHWAY A-1-A FROM BEACH DRIVE ON THE NORTH TO CASUARINA ROAD ON THE SOUTH, AND SIDEWALKS ON THE EAST AND WEST SIDES OF NORTHEAST 2ND AVENUE FROM N.E. 4TH STREET ON THE NORTH TO ATLANTIC AVENUE ON THE SOUTH; DEFINING ROLLER SKATING AND SKATEBOARDS; PROVIDING PARENTAL~RESPONSIBILITY; PROVIDING FOR A WARNING TO JUVENILE VIOLATORS AND THEIR PARENTS; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING FOR CODIFICATION; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, sidewalks on the North and South Sides of Atlantic Avenue from Swinton Avenue on the West to Florida State Highway A-1-A on the East, and on the East side of said Highway A-1-A from Beach Drive on the North to Casuarina Road on the South, .and on the East and West sides of Northeast 2nd Avenue from Northeast 4th Street on the North to Atlantic Avenue on the South are heavily trafficked and predominantly used by people of retirement age and older; and, W~EREAS, to allow roller skating and the use of skateboards on the sidewalks in those areas of the City of Delray Beach described above creates a hazard and is detrimental to the safety and welfare of all citizens of this community and especially to the elderly who might not be able to avoid a possible collision with someone roller skating or using a skateboard; and, WHEREAS, roller skating and the use of skateboards are not pro- hibited on sidewalks in the residential districts of the City of Delray Beach, other than the areas above described, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to add a new Section to read as follows: Sec. Prohibition on roller skatin~ etc. Definitions. The following words and phrases, when used in this Chapter shall have for the purpose of this Chapter the meanings respectively ascribed to them in this Section, except where the context clearly indicates a different meaning: (1) Roller Skate: A form of skate with four wheels or rollers instead of a runner used on a sidewalk or other surface offering traction. (2) Roller Skating: To glide about by means of roller skates. (3) Skateboard: A device for riding upon, usually while standing, consisting of an oblong piece of wood mounted on skate wheels. (VOID) Purpose. This entire Chapter shall be deemd and construed to be an exercise of the police power of the City of Delray Beach in the State of Florida for the preservation and pro- tection of public safety, and all of its provisions shall be liberally construed with a view to the effectuation of such purpose. Enforcement generally. It shall be the duty of the Police Department to enforce the provisions of this Chapter. Roller skating and skateboards prohibited, in designated areas. No person shall roller skate or use roller skates or a skateboard upon the sidewalks as designated within the following described areas located within the City of Delray Beach, Florida: (a) Sidewalks on the North and South sides of Atlantic Avenue, from Swinton Avenue on the West to Florida State Highway A-1-A on the East; (b) Sidewalks on the East side of said Highway A-1-A from Beach Drive on the North to Casuarina Road on the South; and, (c) Sidewalks on the East and West sides of North- East 2nd Avenue from Northeast 4th Street on the North to Atlantic Avenue on the South. Parental Responsibility. No parent of any minor child and no guardian of any minor ward shall authorize or knowingly permit any such minor child or ward to violate the provi- sions of this Chapter. Penalties for violation. (a) By non-juvenile offender. Any person not a juvenile, as such is defined by the laws of the State of Florida, found guilty of a violation of this ordinance shall be punished by a fine of not more than twenty-five dollars ($25.00). (b) By a juvenile offender. Any person who is a juvenile, as such is defined by the laws of the State of Florida, found guilty of a violation of this ordinance shall be first given a warning with a copy being mailed to his parents or guardian. If said juvenile is found guilty of a second violation of this ordinance, he shall be punished by the court ordering the roller skates owned, used or in pos- session of said minor to be impounded in the case and custody of the Police Department of the City of Delray Beach for such period as the court may determine, but in any event not to exceed sixty (60) days. The court may also issue a reprimand in writing directed to the said minor or his parents or guardian, or both, concerning the gravity and seriousness of the offense committed. (c) Duty to appear. Any person charged with a viol- ation of any provision of this ordinance and who has been released on his or her own recognizance, and nevertheless fails to appear in the County Court of Palm Beach County, located at Delray Beach, Florida, on the date and time set or designated, shall be guilty of a violation of the Code of Ordinances of the City of Delray Beach and shall be subject to punishment therefore in accordance with the provision of Section 1-6 of the Code of Ordinances of the City of Delray Beach. - 2 - Ord. No. 81-79 (VOID) Section 2. That this ordinance shall be codified in the Code of Ordinances of the City of Delray Beach, Florida. Section 3. 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 as a whole or part thereof other than the part declared to be invalid. Section 4. 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 , 1979. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 81-79 (VOID)