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G-574(55-64) ORDINANCE NO. G-574. AN EMERGENCY ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THIS CITY PERTAINING TO THE RULES AND REGULATIO~S FOR THE USE OF THE DELRAY BEACH MUNICIPAL BEACH. WHEREAS, the City Council of the City of Delray Beach, Florida, deems it necessary in order to promote and insure the safety and health and welfare of the people using the municipal beach to promulgate certain rules and regulations for the use of said beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 7, Code of Ordinances of the City of Delray Beach be and the same is hereby amended to read as follows: "Sec. 7-1. Rules and regulations for use of the Municipal Beach: "Ail persons using the Municipal Beach within this City shall comply with and abide by the following rules and regulations: "(1) No person shall dress or undress on the beach except in taking off or putting on dressing robes and shoes. "(2) No person shall be dressed indecently or act indecently or be attired in indecent apparel. "(3) No person or group of persons shall engage in ball playing of any kind except in areas pro- vided therefor. "(4) No person shall use loud, boisterous, or pro- fane language. "(5) No ~erson shall fish upon the municipal beach except at such times and in such places as shall in no wise endanger other persons. "(6) No person shall throw, place or deposit on such beach any paper, food, trash or other refuse, but shall deposit same in recepta- cles provided therefor. "(7) No person shall sell or barter any article or personal property tangible or intangible on the municipal beach except for those persons or firms expressly licensed by the City to operate a business on said beach. "(8) No commercial photographer shall take pictures upon said public beach except by written per- mission of the chief of police. "(9) No person shall drink intoxicating beverages upon the public beaches. Page 2. Emergency Ordinance No. G-574. "(10) No person shall use any portion of the public beaches for the purpose of assembling, where over twenty-five persons are involved. "(1!) No person shall use or bring upon the beach for use any platform, trapeze bars or similar arti- cles for gymnastic exhibition or use. "(12) No motor vehicle shall be driven upon the beaches without the previous written consent of the chief of police. "(13) No 9erson shall bathe or swim in the Atlantic Ocean contiguous to the municipal beach naked or insufficiently clothed to prevent indecent exposure of the person. "(14) No person who shall own or be in control of or in charge of any dog shall allow same upon the municipal beach. "(15) No surfboarding shall be permitted except in areas designated by the City Manager. It shall be the duty of the life guard chief to see that proper markers are maintained to indicate the location of any area so designated. "(16) The duly employed lifeguards of the City are authorized to require persons using the beach to obey reasonable commands designed to protect the public and public property in the use of the municipal beach, and the failure to obey any law- ful command of such guards shall be a violation of this code. "(17) The life guard chief is hereby vested with all the powers of policemen of the city while on lifeguard duty, subject at all times to the control and supervision of the chief of police of the city. "(18) For the purposes of this section, the "municipal beach" shall be intended to mean all the frac- tional East half of Section 16, Township 46 South, Range 43 East lying East of the East curb of State Road AiA (Ocean Boulevard) in- cluding the waters of the Atlantic Ocean with- in the boundaries of this city. "Sec. 7-2. Penalty for violation. "Any person who violates the provision of Section 7-1 shall upon conviction be punished as provided in Section 1-6 of this code." Page 3o Emergency Ordinance No. G-574. SECTION 2. In the event any section, paragraph, sentence, clause, phrase or portion of this Ordinance be held unconstitutional, invalid or ineffective, the same shall not repeal, nullify or in any manner affect any other section, paragraph, sentence, clause or portion of this Ordinance. Passed and adopted on the 28thday of September , 1964, to be effective immediately. MAYOR DELRAY BEACH NEWS JOURNAL Published Semi. Weekly De[ray Beach, Palm Beach County, Florida PROOF OF PUBLICATION STAT~ O~ ~.~ORl~A ~ Affiant further saTs that the raid Delm7 Beach News-Journal is ~ newspaper published, at Delmy Beach, in ~aid Palm Beach CountT, Florida, and that the said new~paper has heretofore been eontinuou.sly publksh~ in ~aid Palm Beach County, Florida, each week and has been entered as sec'~d elam mail matter at the post office in Delta>' Beach, in said Palm Beach CountT, ~lorida, for a period of one year next preceding the first l~ublieation of the attached copy ol ad- vertisement; and affiant further says that he has neither paid no~ promised ~ l~emon, firm o~ corporation any discount, rebate, commission or refund for the purpose of securing ~ adver- ti~.ment fo~ publication' in the r~.id newspaper. Swan to and subscribed before me this NOTARY MY EXPIRES OCT. 25, 1866