14-95 ORDINANCE NO. 14-9 5
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101,
"PARKS BEACHES, AND RECREATION', OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 101.35, "STORING BOATS', TO PROVIDE
FOR AN INCREASE IN THE BOAT STORAGE AREA, CHANGES
IN THE TIME FOR SUBMISSION OF APPLICATIONS FOR
PERMITS, AND AN INCREASE IN THE PERMIT FEE FOR BOAT
STORAGE ON THE MUNICIPAL BEACH, AND BY REPEALING
SECTION 101.35(H) AND RELETTERING SUBSEQUENT
SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 101.35 of the City Code, permits for boat
storage on the municipal beach are issued by the City of Delray Beach; and
WHEREAS, a fee is required to be submitted with the application for a boat
storage permit; and
WHEREAS, the permit fee for boat storage on the municipal beach has not
been increased since 1989; and
WHEREAS, the City Commission deems it to be in the public interest to
increase the fee for a boat storage permit; and
WHEREAS, the City Commission deems it to be in the public interest to change
the time for submission of the applications for permits; and
WHEREAS, the City Commission deems it to be in the public interest to
increase the size of the boat storage area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 101, "Parks, Beaches, and Recreation', Section
101.35, "Storing Boats", Subsection 101.35(D), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(D) The area of the municipal beach in which boat storage under this section
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 the north right-of-way line a distance of 300
500 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 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.
Section 2. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(E), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(E) The owner of a boat who desires to store it in the area designated above
shall make application to the city admlnic, tration for a boat storage permit; on or after
the second week in September. Such permits shall be effective from October 1 of the
current year to September 30 of the next year. The permits shall be issued upon
receipt of the application. Applications may be picked up from the Parks and
Recreation Department at any time during the year for an}, remaining permits that have
not been issued. ~ A_applications shall be in a form to be prescribed by the city
ad~ ............. n containing as a minimum the name and address of the boat owner,
together with any identifying registration numbers of the 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 '~'~
may have be outstanding at any time shall be determined by the City Manager but shall
not exceed the number permitted under the regulations, permission or permit of the
Department of Natural Resources.
Section 3. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(F), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(F) The permit fee to be submitted with the application shall be $!2!.50
$200.00, plus applicable taxes.
Section 4. That Chapter 101, "Parks, Beach, and Recreation", Section
I01.35, "Storing Boats", Subsection 101.35(H), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby repealed.
Section 5. That Chapter 101, "Parks, Beaches, and Recreation", Section
101.35, "Storing Boats", Subsection 101.35(I), of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
~ e,~..,..~k.~. !, ~n~-7 T~he city "'~"':":~'"~*;'-" shall affix a notice to any boat
remaining on the municipal beach without the proper permit:; -,;'~ic~ :~a!! give the.
- 2 - ORD. NO. 14-95
shall ~ advim the owner that in ~e event a current ~at storage permit is not
ob~ined ~d the ~at remains on ~e municipal ~ach after ~tober 31~ of the
current year, the ~at owner will ~ subject to a fine of $10 per ~y for ~ch ~y the
~at remains on ~e municipal ~ch: "~d *&at I)f the ~t rem~ns on ~e municipal
~ch for ~n ~ys in violation of ~is provision *~at it shall ~ subj~t to impoun~ent
by the city ~d '&at in addition to paying ~e $10 per ~y fine (which shall ~so ~
applimble during ~e peri~ of impoun~ent), ~e ~at owner as a condition precedent
to ob~ning the return of his ~at s~ll ~ responsible for all expenses of the city in
impounding it ~d all storage costs ~ereof.
('80 Code, S~. 17-31) (Ord. No. 33-79, pasmd 5/29/79; Am. Ord. No. 51-79,
pas~d 8/13/79; Am. Ord. No. 120-85, pas~d 11/12/85; Am. Ord. No. 94-87,
pas~d 11/10/87; Am. Ord. No. 148-88, pas~d 11/22/88; Am. Ord. No. ~-89,
passed 9/26/89)
Penalty, ~e Sec. 101.99
Section 6. ~at should ~y ~tion or provision of this ordin~ce or ~y
portion ~ereof, ~y paragraph, ~n~nce, or Word ~ declared by a court of competent
jurisdiction to ~ invalid, such d~ision shall not aff~t the validity of ~e remainder
hereof as a whole or part thereof o~er ~ the part d~lared to ~ invalid.
Section 7. That all ordin~ces or parts of ordin~ces in conflict herewi~ ~,
~d the ~e are hereby repealed.
Section 8. That this ordin~ce shall ~come effective ten (10) ~ys from its
passage on ~cond ~d final r~ding.
PASSED AND ADORED in regular ~ssion on ~cond and final r~ding on
~is the 21 st ~y of March , 1995.
A~EST:
Cit~ cler~ ~ -
First R~ding Narch 7, 1995
S~ondR~ding Narch 21, 1995
aailboat.ord
- 3 - ORD. NO. 14-95
MEMORANDUM
TO: Joe Weldon, Director of Parks and Recreation
FROM: Alison MacGregor Harty, City Clerk~
SUBJECT: Policy Concerning the Issuance of Boat Storage Permits
DATE: March 23, 1995
As requested, the following is a summation of the policy fo~
issuance of boat storage permits adopted by the City Commission on
March 21, 1995.
For those people currently holding permits for boat
storage on the beach, the City will send them a letter
and application for renewal of their permit on September
1st. The letter will advise them that they have until
September 15th (or whatever date is appropriate) to renew
their permit. The' application must be returned by the
specified date in order to guarantee renewal and reserve
their spot as an existing permit holder. The letter and
renewal application are to be sent to the permit holder's
last known address.
For new applicants or for those holding permits who miss
the renewal date, permits will be issued according to the
procedure and dates set forth in Ordinance No. 14-95,
passed and adopted by the City Commission on second and
final reading on March 21, 1995 (i.e., first come, first
served basis).
We're to try this for a year to see how it works. For your
information, I've attached an executed copy of Ordinance No.
14-95.
If you have any questions, please give me a call at ext. 7050.
AMH/m
Attachment
cc: Joe Dragon, Assistant Director of Parks and Recreation
Excerpt from City Commission Regular Meeting of March 21, 1995
Re: Policy concerning the issuance of permits for boat storage
on the municipal beach.
Mayor suggested a policy where we sent out a letter on September
1st to those people who already have permits, include an
application and advise them that they have until September 15th
to renew or risk losing the permit. It might help to avoid the
line, but if staff finds you're still getting an abundance of
people signing up we can reconsider it. But at least for this
year it takes the fear out of the people who have the permits.
We may ha~e solved the problem as staff feels we have by
increasing the number of permits and the fee. But apparently
some of the permit holders aren't comfortable, so let's try it
for a year to see how it works.
Mrs. Smith moved to adopt Ordinance No. 14-95 on second and final
reading, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes.
Mayor - policy where we basically direct that a letter be sent
out to all those permit holders on September 1st, with an
application for renewal. They must be in by the 15th to reserve
their spot as an existing permit holder. Try it for a year to
see how it works.
Jay - that the current permit holders would be able to renew
theirs up to a certain date and then anyone who didn't renew by
that date who wants one and anybody new who wants one, would be
put in a lottery. Then it wouldn't matter what time they
submitted it.
Susan felt this might conflict with the adopted ordinance
somewhat and suggested the Commission simply adopt a policy to
send the letter and application asking for it to be returned by a
specific date as a policy to give preference to those who already
have a permit. The rest of the permits would be issued on a
first come, first served basis.
Jay felt this would continue the line.
Motion to adopt a policy as follows: In adopting Ordinance No.
14-95 this evening, for those currently holding permits for boat
storage on the beach, the City will send them a letter and
application for renewal on September 1st, which must be returned
by the appropriate date in order to guarantee their renewal. If
they miss the renewal date or new applicants for permits would
then have to follow the procedure and dates set forth in the
ordinance. Motion by Mr. Ellingsworth, seconded by Mr. Randolph.
Passed by a vote of 4 to ! (Dr. Alperin dissenting).
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~,
SUBJECT: ENOA IT IO.A .-
DATE: MARCH 16, 1995
This is second reading and public hearing for Ordinance No. 14-95
which amends Section 101.35, "Storing Boats", of the City Code to
provide for an increase in the boat storage area on the municipal
beach from 300 feet to 500 feet, and for an increase in the
permit fee from $121.50 to $200.00, plus applicable taxes. The
ordinance also changes the time for submission of applications
for permits, repeals the requirement that the permit be affixed
to the port bow of a boat, and modifies the procedure for notice
to the owner of any boat on the municipal beach without the
proper permit.
At first reading on March 7, 1995, the Commission passed
Ordinance No. 14-95 by a vote of 4 to 0.
Recommend approval of Ordinance No. 14-95 on second and final
reading.
ref:agmemol2
Thomas and Patricta Gmyrek
121N.W. 12th Street
Delray Beach, FL 33444
Dear Mr. and Mrs. Gmyrek: '
Please be advised that your Lease Agreement with the City of Delray
Beach for use of a slip at the Municipal Marina expires on September
30, 1994. A new License Agreement must be signed and returned to us by
September 15, 1994 for use of a slip beginning October 1, 1994.
Failure to do so will render that slip vacant and become available for
use by another lessee.
Also please be reminded that a current and valid insurance certificate
per marina rules and regulations must be on file in this office at all
times.
At this time no changes in the License Agreement are anticipated, but
City Commission will not finalize budget considerations that may affect
the lease rate until some time late in September. You will be notified
of any changes per your License Agreement.
Please call me at 243-7253 if you have any questions regarding this
matter.
Sincerely,
Joe Dragon
Assistant Director of Parks and Recreation
Enclosure
JD:cp
Ref:marlease
£1TY OF DELRAY BEA£H
CITY ATTORNEY'S OFFICE ~oo ~w .~ ^~.. ~.^~ .~^~., ~.o.~^ ~.,
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRAY BEACH
~Jl.ln~a City MEMORANDUM
~993 TO: David T. Hard~, Cit[~ager
FROM: Bri~ Shutt, Assistant City Attorney
S~CT: Sailboat Ordin~ce
Attached is a copy of the proposed sailboat ordinance reflecting the changes requested by
the City Commission. While amending this ordina.nce I also made other changes to Section
101.35 changing dates that were no longer applicable.
If this proposed ordinance meets with your approval please schedule it for the City
Commission Agenda.
If you have any questions please call.
cc: Susan A. Ruby, City Attorney
Joe We!don, Director of Parks & Recreation
sailmem.rbs ~
Printed on Recycled Paper
£1T¥ DF DELRIW BEg£H
CITY ATTORNEY'S OFFICE ~oo ~w ~, ^v~. ~,~^~ ,~^c., ~,.o~,^
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7091
DELRAY BEACH
~kmdca City MEMORANDUM
~lll['llllf DATE: March3, 1995
~993 TO: David T. Harden, City Mana, g.~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Sailboat Ordinance
Attached is the latest revision on the proposed sailboat ordinance.
Please schedule for the City Commission Agenda if this meets with your approval.
If you have any questions please call.
cc: Susan A. Ruby, City Attorney
Joe Weldon, Director of Parks and Recreation
Printed on Recycled Paper