Ord 39-03ORDINANCE NO. 39-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING
CHAPTER 101 OF THE CODE OF ORDINANCES OF THE
CITY OF DRI,RAY BEACH, "PARKS, BEACHES AND
RECREATION", BY AMENDING SECTION 101.15,
"DEFINITIONS", PROVIDING A DEFINITION OF
"MOTOR VEHICLE" AND A DEFINITION OF
"VEHICLE", AMENDING SECTION 101.24, "TRAFFIC
REGULATIONS", IN ORDER TO PROVIDE FOR THE
SAFETY OF CITIZENS AND TOURISTS ENJOYING THE
CITY OF DELRAY BEACH'S MUNICIPAL BEACH BY
PROHIBITING THE USE, OPERATION, AND
PROPRLI.ING OF VEHICLES ON THE MUNICIPAL
BEACH SITE; AMENDING SECTION 101.34, "SURFING,
SCUBA DIVING AND JET SKIS", IN ORDER TO PROVIDE
FOR THE SAFETY OF CITIZENS AND TOURISTS
ENJOYING THE CITY OF DFJ.RAy BEACH'S MUNICIPAL
BEACH BY PROHIBITING KITISBOARDING AND
PARASAILING ON THE MUNICIPAL BEACH SITE AND
PROHIBITING KITE-FLYING AND WINDSURFING
EXCEPT IN DESIGNATED AREAS; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
for the health, safety and welfare of its citizens enjoying the City's beaches; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prevent
uses that are dangerous to the City's beach-going citizens and tourists.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter 101, "Parks, Beaches and Recreations", Section 101.15,
"Definitions", of the Code of Ordinances of the City of Delray Beach, is hereby amended to read as
follows:
" OT R VEHI LE". Any self-propelled motorized device desi~ed and used
for the purpose of transporting or moving any person or property, from one place to another
but not operated upon rails or guideway, including but not limited to the following: All
Terrain Vehicles (ATVs) and powered paraghders.
"MUNICIPAL BEACH". All the fractional east half of Section 16, Township 46
South, Range 43 East together with that part of Lots 9, 10, 11, 12 and 13 lying east of State
Road A1A, as described in a replat of part of Segers Addition, recorded in Plat Book 16,
Page 89, Palm Beach County records; and that part of Lots 4, 5, 6, 7 and 8, Block E, and the
south 10 feet of Lot 3, Block E, as described in the Revised Plat of Block D & E, Palm
Beach Shore Acres, recorded in Plat Book 7, Page 38, Palm Beach County records; and
Atlantic Dunes Park, all lying east of the east curb of State Road A1A (Ocean Boulevard),
including the waters of the Atlantic Ocean within the boundaries of this city.
"PARK". Any land owned or controlled by the city under the management and
administration of the Parks and Recreation Department and devoted primarily to outdoor
recreation activities.
"RECREATION SITE". Any facility, except a park, owned or controlled by the
city,
under the management and administration of the Parks and Recreation Department and
devoted primarily to indoor recreation activities.
'"VEHICLE". Any device designed and used for the purpose of transporting or
mov'mg any person 'or property from one place to another but not operated upon rails or
gmideway, including but not limited to the followin~ parachutes.
Section 2. That Chapter 101, "Parks, Beaches and Recreation", Section 101.24, "Traffic
Regulations", of the Code of Ordinances of the City of Delray Beach, Is hereby amended to read as
follows:
(A) No person shall drive, propel or cause to be driven or propelled along or
over any road within any park, any vehicle at a greater rate of speed than posted, and in any
event, not more than 25 miles per hour.
(13) No person shall use. operate or propel or cause to be used. operated, or
propelled on or within three hundred feet (300') of any municipal beach site within the limits
of the City a motor vehicle or vehicle: provided, however, nothing in this section shall
prevent (1) official motor vehicles or vehicles of a governmental agency, from traversing the
beaches, banks or dunes in the performance of official governmental duties (.2) non-
governmental purposes of maintenance and/or preservation of same as authorized or
required by a government agency. (3) motor vehicles or vehicles utilized for the purpose of
transporting a physically disabled person who would otherwise be incapable of access'mg and
traveling upon the beach without such assistance, or (zD motor vehicles or vehicles utilized
2 ORD. NO. 39-03
for other authorized purposes as approved by the City. Manager. from traversing the beaches
and access points thereto of any municipal beach site within the City. limits.
1. An exception to the prohibitions in Section .CB) is a life or death
emergency which may require motor vehicles to be used. operated or propelled on or within
three hundred feet (300) of any municipal beach site.
{I~QI No person shall park or store any motor vehicle, motorcycle, bicycle, wagon
or other vehicle within a park, recreation or municipal beach site except in phces designated
for such purposes.
{C-)(D) Laws of the city requiring lights on vehicles shall apply to vehicles in a park,
recreation or municipal beach site.
(D)~F=~ Vehicles shall be restricted to drives, roadways, paths, walks and t~ils
established for such purposes. Footpaths or walks designated for pedestrian travel shall not
be used for vehicular travel.
(~01~ No motor vehicles shall be driven upon the municipal beach without a
written permit from the Parks and Recreation Department.
0;~-~ All ordinances of the city with respect to vehicles shall be in full force and
effect in the parks of said city.
(C)(H) No person shall ride any horse or other animal within any park and
recreation site, except upon bridle paths designated as such.
Penalty, see Sec. 10.99
Section 3. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and
Recreation", Section 101.34, "Surfing, Scuba Diving and Jet Skis", of the Code of Ordinances of the
City of Delray Beach, be hereby amended to read as follows:
Section 101.34 SURFING. SCUBA DMNG AND JET SKIS,
(A) No parasailing or kiteboarding/kitesurfing shall be permitted withir~ three
hundred feet (300) of any municipal beach site within the limits of the City. No surfing,
windsurfing or kite-flying shall be permitted except in areas designated by the City Manager.
It shall be the duty of the chief lifeguard to see that proper markers are maintained to
indicate the location of any area to be designated. No person shall use any .... m_~.a
3 ORD. NO. 39-03
time on the beach or in the Atlantic Ocean in a manner that constitutes a hazard to any
other person.
1. An exception to the prohibitions in Section (A) is a life or death
emergency, which may require a kiteboarder/kitesurfer to traverse on or within three
hundred feet (300') of any municipal beach site.
(13) Scuba diving and jet skis are prohibited from all areas of the municipal beach.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AN.~LA~)Q, PTED in regular session on second and final reading on this the
day of /_d/-~'.,~, ,2003.
ATrEST:
~"~'~ CLERK ~
Second Rea2;~' ~]~'a~
(.~/-./t~YOR
4 ORD. NO. 39-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~'~ - REGULAR MEETING OF OCTOBER 7, 2003
ORDINANCE NO. 39-03 (AMENDING CHAPTER 101 "PARKS, BEACHES
AND RECREATION*')
OCTOBER 3, 2003
This ordinance is before Commission for second reading to amend Chapter 101, "Parks, Beaches and
Recreation" of the City Code of Ordinances by amending Sections 101.15, 101.24 and 101.34 to
prohibit the use of powered paragliders, as well as hang-gliders and kite boards within three hundred
feet north, south or east of any municipal beach site.
At the first reading on September 23, 2003, the Commission passed Ordinance No. 39-03.
Recommend approval of Ordinance No. 39-03 on second and final reading.
S:\City Clerk\agenda memo~.Ord 39.03.Beaches Acridines. 10.07.03
[ITY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
PE.L~Y. B,E A?~
DATE:
TO:
FROM:
MEMORANDUM
September 24, 2003
David T. Harden, City Manager
Barbara Garito, City Clerk
Terrill Pyburn, Assistant City Attorney
Writer's Direct Line: 561/243-7090
SUBJECT: Beach Activities Ordinance No. 39-03
Attached please find Ordinance 39-03 with revisions. This ordinance is the same
as was on the September 23, 2003 agenda for first reading but with an
amendment approved by Commission.
Please place on the October 7, 2003 agenda for public hearing.
TCP:smk
Attachment
I'IT¥ OF Dr£Rfi¥ BEI:I£H
CITY ATTORNEY'S OFFICE
200 NW ]st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
WriWr'~ D~mct Une: 561/243-7090
MEMORANDUM
DATE:
September 15, 2003
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
City Commission
Terrill Pybum, Assistant City Attorney
Beach Activities Ordinance
Please review the attached ordinance. This proposed ordinance prohibits the use
of powered (motorized) paragliders, as well as hang-gliders and kiteboards (non-
motorized) within 300 feet of a municipal beach site but these activities will still be
permitted on the state-owned portions of the beach (except for the 300 foot buffer
area). Please note{hat a map is attached delineating the different designated
areas for your convenience.
Recently, a private property owner complained about these activities occurring
around his home, which is adjacent to the state-owned beach. State ownership
does not deprive the City from having jurisdiction, but coordination with various
state agencies may be required if we are interested in preparing and enforcing a
stricter ordinance that regulates access to or use of state lands such as the state
beach.
If the ordinance meets with your approval, please place it on the agenda for
consideration by the City Commission at the next scheduled meeting.
Thank you. Please do not hesitate to contact me at 7090 with any questions.
TCP:smk
Attachments
Susan Ruby, City Attomey
Lula Butler, Director of Community Improvement
Joseph Weldon, Director of Parks and Recreation
Larry Schroeder, Police Chief
Mark Davis, Captain
Rich Connell, Assistant Director of Parks and Recreation
Bob Taylor, Ocean Rescue Superintendent
ORDINANCE NO. 39-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101 OF THE
CODE OF ORDINANCES OF THE CiTY OF DELRAY BEACH,
"PARKS, BEACHES AND RECREATION", BY AMENDING
SECTION 101.15, "DEFINITIONS", PROVIDING A DEFINITION
OF "MOTOR VEHICLE" AND A DEFINITION OF '¥EHICLE",
AMENDING SECTION 101.24, "TRAFFIC REGULATIONS", IN
ORDER TO PROVIDE FOR THE SAFETY OF CITIZENS AND
TOURISTS ENJOYING THE CITY OF DELRAY BEACH'S
MUNICIPAL BEACH BY PROHIBITING THE USE, OPERATION,
AND PROPELLING OF VEHICLES ON THE MUNICIPAL BEACH
SITE; AMENDING SECTION 101.34, "SURFING, SCUBA DIVING
AND JET SKIS", IN ORDER TO PROVIDE FOR THE SAFETY OF
CITIZENS AND TOURISTS ENJOYING THE CITY OF DELRAY
BEACH'S MUNICIPAL BEACH BY PROHIBITING
KITEBOARDING AND PARASAiLING ON THE MUNICIPAL
BEACH SITE AND PROHIBITING KITE-FLYING AND
WINDSURFING EXCEPT IN DESIGNATED AREAS; PROVIDING
A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide
for the health, safety and welfare of its citizens enjoying the City's beaches; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prevent
uses that are dangerous to the City's beach-going citizens and tourists.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Chapter 101, "Parks, Beaches and Recreations", Section 101.15,
"Definitions", of the Code of Ordinances of the City of Delray Beach, is hereby amended to read
as follows:
"MOTOR VEHICLE". An,/self-propelled motorized device desiRned and used for
the purpose of transportin.q or movin.q any person or property from one place to another
but not operated upon rails or ,quideway, includinR but not limited to the followin,q: All
Terrain Vehicles (ATVs) and powered paraRliders.
"MUNICIPAL BEACH". All the fractional east half of Section 16, Township 46
South, Range 43 East together with that part of Lots 9, 10, 11, 12 and 13 lying east of
State Road Al^, as described in a replat of part of Segers Addition, recorded in Plat Book
16, Page 89, Palm Beach County records; and that part of Lots 4, 5, 6, 7 and 8, Block E,
and the south 10 feet of Lot 3, Block E, as described in the Revised Plat of Block D & E,
Palm Beach Shore Acres, recorded in Plat Book 7, Page 38, Palm Beach County records;
and Atlantic Dunes Park, all lying east of the east curb of State Road A1A (Ocean
Boulevard), including the waters of the Atlantic Ocean within the boundaries of this city.
"PARK". Any land owned or controlled by the city under the management and
administration of the Parks and Recreation Department and devoted primarily to outdoor
recreation activities.
"RECREATION SITE". Any facility, except a park, owned or controlled by the city,
under the management and administration of the Parks and Recreation Department and
devoted primarily to indoor recreation activities.
"VEHICLE". Any device desi.qned and used for the purpose of transportinq or
movinq any person or property from one place to another but not operated upon rails or
quideway, includinq but not limited to the followinq: parachutes.
Section 2. That Chapter 101, "Parks, Beaches and Recreation", Section 101.24, q'raffic
Regulations", of the Code of Ordinances of the City of Delray Beach, Is hereby amended to read
as follows:
(A) No person shall drive, propel or cause to be driven or propelled along or over
any road within any park, any vehicle at a greater rate of speed than posted, and in any
event, not more than 25 miles per hour.
lB) No person shall use, operate or propel or cause to be used, operated, or
propelled on or within three hundred feet (300') north, south or east of any municipal beach
site within the limits of the City any vehicle or motor vehicle; provided, however, nothin.q in
this section shall prevent (1) official motor vehicles or vehicles of a .qovernmental a.qency
from traversinq the beaches, banks or dunes in the performance of official qovemmental
duties (2) non-.qovernmental purposes of maintenance and/or preservation of same a,~
authorized or required by a .qovemment a.qency (3) motor vehicles or vehicles utilized for
the purpose of transportinq a physically disabled person who would otherwise b~.
incapable of accessinq and travelinq upon the beach without such assistance, or (4) motor
vehicles or vehicles utilized for other authorized purposes as approved by the City
Manaqer, from traversinq the beaches and access points thereto of any municipal beach
site within the City limits.
2 ORD. NO. 39-03
1. An exception to the prohibitions in Section (B) is a life or death
emerqency which may require motor vehicles to be used, operated or propelled on or
within three hundred feet (300') north, south or east of any municipal beach site.
(-B)(C) No person shall park or store any motor vehicle, motorcycle, bicycle, wagon
or other vehicle within a park, recreation or municipal beach site except in places
designated for such purposes.
~v,,D) Laws of the city requiring lights on vehicles shall apply to vehicles in a park,
recreation or municipal beach site.
,_,./E) Vehicles shall be restricted to drives, roadways, paths, walks and trails
established for such purposes. Footpaths or walks designated for pedestrian travel shall
not be used for vehicular travel.
,_,,F) No motor vehicles shall be driven upon the municipal beach without a written
permit from the Parks and Recreation Department.
(-F-)(G) All ordinances of the city with respect to vehicles shall be in full force and
effect in the parks of said city.
,v,,H) No person shall ride any horse or other animal within any park and recreation
site, except upon bddle paths designated as such.
Penalty, see Sec. 10.99
Section 3. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and
Recreation", Section 101.34, "Surfing, Scuba Diving and Jet Skis", of the Code of Ordinances of
the City of Delray Beach, be hereby amended to read as follows:
Section 10'1.34 SURFING, SCUBA DIVING AND JET SKIS.
(A) No parasailin.q or kiteboardinR/kitesurfinq shall be permitted within three
hundred feet (300') north, south or east of any municipal beach site within the limits of the
City. No surfing, windsurfin.q or kte-fl¥in.q shall be permitted except in areas designated by
the City Manager. It shall be the duty of the chief lifeguard to see that proper markers are
maintained to indicate the location of any area to be designated. No person shall use any
c,_'__.=*.cncc 3t any time on the beach or in the Atlantic Ocean in a manner that constitutes a
hazard to any other person.
3 ORD. NO. 39-03
1. An exception to the prohibitions in Section (A) is a life or death
emer.qenc¥ which may require a kiteboarder/kitesurfer to traverse on or within three
hundred feet (300') north, south or east of any municipal beach site.
(B)
beach.
Scuba diving and jet skis are prohibited from all areas of the municipal
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2003.
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
4 ORD. NO. 39-03