18-92 ORDINANCE NO. 18-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS", CHAPTER 92, "BOATS AND BOATING", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY REPEALING SECTIONS 92.01
THROUGH AND INCLUDING 92.20 AND ENACTING NEW
SECTIONS 92.01 THROUGH 92.03 TO PROVIDE FOR
POSTING OF SIGNS REGARDING ANCHORING AND MOORING
TO PUBLIC PROPERTY; TO PROVIDE FOR A LIMITATION OF
BOATS OR VESSELS UPON ANY WATERWAY WITHIN THE
CITY; TO PROVIDE FOR THE PEACEFUL AND QUIET
OPERATION OF OUTBOARD WATER CRAFT WITHIN THE CITY;
BY CREATING A NEW SECTION 92.10 TO PROVIDE FOR THE
PROHIBITION OF MOORING AND ANCHORING ON OR TO
PUBLIC PROPERTY WITH THE EXCEPTION OF KNOWLES
PARK, VETERANS PARK AND THE CITY MARINA; BY
CREATING NEW SECTIONS 92.15 AND 92.16 TO PROVIDE
FOR THE LICENSING OF EXCURSION BOAT OPERATIONS
CONDUCTED FROM VETERANS PARK; BY CREATING NEW
SECTIONS 92.19 AND 92.20 TO PROVIDE FOR MOORING OR
ANCHORING OF BOATS IN RESTRICTED AREAS AND PRIVATE
PROPERTY; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations",
Chapter 92, "Boats and Boating", Sections 92.01 through and
including 92.20, be, and the same are hereby repealed.
Section 2. That there is hereby created new Sections
92.01, 92.02 and 92.03 of the Code of Ordinances of the City of
Delray Beach, Florida, to read as follows:
Section 92.01 POSTING OF SIGNS.
The City Manager or his designated representative
is authorized to post signs informing the public of the
provisions of Sections 92.01 through 92.20 of this
chapter.
Section 92.02 BOAT OPERATION.
It shall be unlawful to operate a boat or vessel
upon any waterway within the City at a rate of speed
which causes, or may cause, waves which result in
damage to docks, wharves, seawalls or boats which are
moored or tied to a dock or wharf along the waterway.
Pursuant to Florida Statutes Section 327.60, this
section shall not apply to boats on the Intracoastal
Waterway.
Section 92.03 MUFFLERS REQUIRED.
It shall be unlawful to operate a watercraft with
an outboard motor or inboard motor which does not have
a properly muffled exhaust within the city so that the
operation of the watercraft annoys or disturbs the
quiet, comfort or repose of any person in any dwelling,
hotel or any other type of residence, or any person in
the vicinity of the operation of the boat.
Section 3. That there is hereby created a new Section
92.10 of the Code of Ordinances of the City of Delray Beach,
Florida, to read as follows:
Section 92.10 MOORING TO PUBLIC PROPERTY.
It shall be unlawful for any person or firm to
moor any boat to any real or personal property which is
owned or leased by the city, or which has been
dedicated to the public use, with the exception of
mooring at Knowles Park, Veterans Park and the city's
marina as provided for in this section:
(1) City Marina. Mooring at the city marina
is only permitted pursuant to Sections 92.30, et.
seq., of the City of Delray Beach Code of
Ordinances. Excursion boats may not operate from
the city marina.
(2) Knowles Park. An owner or operator may
temporarily moor a watercraft at Knowles Park for
the purposes of placing a boat into and removing a
boat from the Intracoastal Waterway. Excursion
boats may not operate from Knowles Park.
(3) Veterans Park. Temporary docking in
designated areas is permitted at Veterans Park for
up to two hours. For excursion boats which moor
or dock at Veterans Park, the person or firm
operating the excursion boat shall obtain a
license prior to docking or mooring at Veterans
Park in order to board passengers.
Section 4. That there is hereby created new Sections
9'2.15 and 92.16 of the Code of Ordinances of the City of Delray
Beach, Florida, to read as follows:
Section 92.15 DOCKING LICENSE FOR EXCURSION BOAT
OPERATIONS.
(A) Excursion Boat. As used in this chapter, the
term excursion boat is defined as a vessel operating
upon the inland public waterways within the city,
transportin~ one or more passengers for a fee, and
which is controlled by a person or firm in the business
of offering waterborne sightseeing and entertainment.
(B) License Required; Enforcement. It shall be
unlawful for any person or firm to operate an excursion
boat from Veterans Park without first obtaining a
license from the city, and paying the required fee for
the right to moor to the docks as authorized under the
license.
(C) An application for a short term excursion
boat license shall be made to the Director of Parks and
Recreation, and must include the following information:
(1) The name, business address and telephone
number of the person or firm operating the
excursion boat business. If a corporation or
partnership, include the na~es of all directors,
officers or partners, where applicable.
Ord. No. 18-92
(2) A description of each vessel proposed to
be utilized as an excursion boat, including a copy
of the Florida Vessel Registration and United
States Coast Guard Certificate of Inspection.
(3) A list of all pilots who will operate
the excursion boat, including their names,
addresses, employment history over the past five
years, and a copy of the United States Coast Guard
license for the class of vessel each pilot will
operate.
(4) Where the excursion boat will be located
when not in use.
(5) A certificate of insurance showing the
City as an additional named insured on a policy or
policies insuring each vessel and the business
for:
(a) Hull and machinery replacement,
(b) Third party and passenger liability
- $1,000,000 for each boat,
(c) Third party property damage -
$50,000 per occurrence, and
(d) If the business has three (3) or
more employees, evidence of
workers' compensation insurance,
including Jones Act Coverage, is
required. All insurance policies
must be kept in full force and
effect at all times the excursion
boat operations take place.
(6) A copy of the occupational license
issued by the city if the principal place of
business is in the corporate limits of the city.
(7) A cashiers check made payable to the
City of Delray Beach in the amount of $100.00.
(C) The Director of Parks and Recreation or his
designee shall review all license applications. The
Director of Parks and Recreation shall inform the City
Manager of a recommendation of approval or rejection on
the merits of the application. The approval or
rejection of the application for a license shall be
based on the applicant's demonstration that it has the
proper equipment and personnel to operate a safe and
high quality excursion boat operation. No application
from the same person or firm whose application has been
rejected shall be reconsidered by the Director of Parks
and Recreation or his designee within six (6) months
from the date of such rejection.
(D) Upon approval of the license application by
the Director of Parks and Recreation, the person or
firm shall enter into a short term license agreement
with the city. After execution of the license
agreement, the person or firm may obtain a permit to
operate the excursion boat. The fee for each permit is
$250.00 and authorizes the operation of the excursion
boat from Veterans Park for a period of one (1) day
during the hours of 9:00 a.m. to 10:00 p.m.
- 3 - Ord. No. 18-92
(E) No person or firm entering into a short term
license agreement shall receive more than six (6)
permits per year. The year shall begin on the date on
which the person or firm obtains its first permit.
Each permit shall be displayed on the vessel alongside
the state commercial registration sticker.
(F) The municipal docks at Veterans Park may be
used by the excursion boat which has obtained a permit
from the city. At the time the excursion boat is
loading or disembarking passengers, the captain of the
boat shall remain within five (5) feet of the vessel.
An excursion boat shall not moor to the docks for
longer than thirty (30) consecutive minutes.
(G) Revocation or Suspension of a License.
(1) A license may be revoked or suspended
for any of the following causes:
(a) Failure to comply with all state
and federal laws and regulations concerning
the vessels of the type utilized by the
license.
(b) Multiple instances of careless
operation of a vessel in violation of state
or local laws.
(c) Failure to maintain all required
policies of insurance in full force and
effect.
(d) Conviction by the licensee, if a
person, or by any director, officer or
partner of the license, if a corporation or a
partnership, of a felony violation in this
state or violation of the laws of any other
state which would constitute a felony
violation in this state.
(e) Submission of false or incomplete
documentation or information required by this
section.
(H) No excursion boats shall fuel while moored at
the docks; all fueling shall be carried out at a marine
service location.
(I) No excursion boat shall at any time have in
use loudspeakers or any device to amplify sound, with
the exception of an internal intercom system, the
sounding of horns for navigational purposes, passenger
pick-up and discharge for safety related purposes, or
in the case of an emergency. No excursion boat shall
at any time, except for safety related purposes,
illuminate by spotlight or any other means any of the
sights or places of interest located along its route of
operation, including, but not limited to, residential
dwellings, businesses or government buildings.
(J) A license or permit may not be assigned.
· - 4 - Ord. No. 18-92
(K) Enforcement. This chapter shall be enforced
by the Director of Parks and Recreation and his
designees, by the Police Department of the City of
Delray Beach, and the City of Delray Beach Code
Enforcement Officers.
Section 92.16 LONG TERM LICENSE.
A long term license agreement, which would grant
the licensee the right to operate its excursion boat
from Veterans Park more than six times per year, may be
granted by the City Commission.
Section 5. That there is hereby created new Sections
92.19 and 92.20 of the Code of Ordinances of the City of Delray
Beach, Florida, to read as follows:
Section 92.19 ANCHORING IN RESTRICTED AREAS.
(A) For the purpose of this section, "restricted
area" shall mean any canal, harbor or inlet opening
directly into the Intracoastal Waterway, but not
including the main channel of the Florida Intracoastal
Waterway.
(B) It shall be unlawful for any boats which are
permanently or temporarily occupied by a person, or
which a person is using as a residence, to be anchored
in the restricted area in the public waterways within
the city, as described in Section (A) above, for more
than a total of 24 hours in any one week period.
Section 92.20 PRIVATE DOCKS.
Nothing contained in this chapter shall be
construed as prohibiting the anchoring or mooring of
boats adjacent to private docks, whether or not located
in the restricted area. This exception shall only be
applicable as to boats which are being anchored or
moored adjacent to a private dock with the permission
of the owner of the private dock.
Section 6. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective
ten (10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 26th day of Ma, , 1992.
ATTEST: ~
J City ~lerk '
First Reading May 12, 1992
Second Reading May 26. 1992
- 5 - Ord. No. 18-92
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(Seal, Notary Publ~of Florida at large) CiW~N~Ye~
My Commission [~~'~ ~A~NE RICH
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f~
ORDINANCE NO. 18-92
DATE: May 22, 1992
This is the second reading of an ordinance amending Chapter 92 of the
Code of Ordinances by repealing Section 92.01 through and including
Section 92.20 and enacting new Sections 92.01 through 92.20 to
provide updated regulations with regard to the operation and mooring
of boats within the City.
Provisions of this ordinance include a new Section 92.10, which
makes it unlawful for any person or firm to moor any boat to any real
or personal property which is owned or leased by the City, or which
has been dedicated to the public with the exception of mooring at
Knowles Park, Veterans Park, and the City's Marina; and, a new
Section 92.15 which makes it unlawful for any person or firm to
operate an excursion boat from Veterans Park without first obtaining
a license from the City, and paying the required fee.
This ordinance will permit boat operators to temporarily dock at
Veterans Park for no more than two hours. An excursion boat licensee
may only obtain six permits per year. Each permit will cost $250,
and allows mooring at Veterans Park for one day, for no more than
thirty minutes at any one time and between the hours of 9 a.m. until
10 p.m.
Recommend approval of Ordinance No. 18-92 on second and final reading.
May 19, 1992
Mr. David N. Tolces
Assistant City Attorney
200 N.W. 1st Ave.
Delray Beach, FI. 33444
Dear Dave;
Enclosed with this letter are my articles of incorporation for the Ramblin'
Rose Riverboat Inc. Is it adviseable for me to be at %he May 26 City
Commission? Will any of the other subjects from my May 6th letter be .
discussed at that meeting?
I am in receipt of your ordinance revising Chapter 92 - Boa. ts and Boating.
The revision appears proper and complete except for two items:
Item 1) Section 92.15 (K) ENFORCEMENT. I suggest a sign like the one
mounted at the city marina also be mounted at the Veterans Park docks.
It reads: Docking without a permit subject to a $500. fine.
Item 2.) Section 92.16 Long Term License. Doesn't this section invite
conflict which will lead to violations of my exclusivity clause of
my contract? I am not sure I understand the message here?
I wish to be present at the city meeting when the co~m~ission considers
revising Chapter 92. Will you please advise me on all this and when it
will appear on the agenda? Thank very much.
Dane L. Mark
Ramblin' Rose Riverboat ,Inc.
801 E. Atlantic Ave.
Delray Beach, Florida 33483
cc: Robert A. Barcinski, Asst. City Manager
Joseph Weldon, Director of Parks and Recreation
' "R, 27
C~TY A,TTORNEY S OFFICE TEL, No, · zl07 278 4755 Hay u,. 92 14: P,02
CiTY OF DE[RAY BEI:i£H
(407) 243-7090
H~HO~ND~
Date: May 8, 1992
To: City Commission ~
From: David N. Tolces, Assistant City Attorne
Sub3ect: Ordinance Revis!~n~ Chapter 92 - Boats and Boatinq
This ordinance revises Chapter 92, "Boats and Boating". This
ordinance will permit boat operators to temporarily dock at
Veterans Park for no more than two hours. Companies or
'individuals who operate excursion boats,, as defined in the
ordinance, and who wish to use Veterans Park may do so if they
first apply for a license. This license will allow .an
excursion boa= company or operator to obtain a per, it
authorizing the use of Veterans ~ark for loading and unloading
passen~rs. A licensee may only .ob~aln s~x permits per year.
Each pex~]lt will cost $250, and permits use of the part for one
day from 9 a.m. to 10 p.m. This ordinance should remedy some
of the problems with the prior code sections.
If you have any questions, please call.
DNT:sh
Attachment
cc: David Harden, City Manager
Cheryl beverett, Agenda Coordinator
ORDINANCE NO. 18-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL
REGULATIONS", CHAPTER 92, "BOATS AND BOATING", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY REPEALING SECTIONS 92.01
THROUGH AND INCLUDING 92.20 AND ENACTING NEW
SECTIONS 92.01 THROUGH 92.03 TO PROVIDE FOR
POSTING OF SIGNS REGARDING ANCHORING AND MOORING
TO PUBLIC PROPERTY; TO PROVIDE FOR A LIMITATION OF
BOATS OR VESSELS UPON ANY WATERWAY WITHIN THE
CITY; TO PROVIDE FOR THE PEACEFUL AND QUIET
OPERATION OF OUTBOARD WATER CRAFT WITHIN THE CITY;
BY CREATING A NEW SECTION 92.10 TO PROVIDE FOR THE
PROHIBITION OF MOORING AND ANCHORING ON OR TO
PUBLIC PROPERTY WITH THE EXCEPTION OF KNOWLES
PARK, VETERANS PARK AND THE CITY MARINA; BY
CREATING NEW SECTIONS 92.15 AND 92.16 TO PROVIDE
FOR THE LICENSING OF EXCURSION BOAT OPERATIONS
CONDUCTED FROM VETERANS PARK; BY CREATING NEW
SECTIONS 92.19 AND 92.20 TO PROVIDE FOR MOORING OR
ANCHORING OF BOATS IN RESTRICTED AREAS AND PRIVATE
PROPERTY; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "General Regulations",
Chapter 92, "Boats and Boating", Sections 92.01 through and
including 92.20, be, and the same are hereby repealed.
Section 2. That there is hereby created new Sections
92.01, 92.02 and 92.03 of the Code of Ordinances of the City of
Delray Beach, Florida, to read as follows:
Section 92.01 POSTING OF SIGNS.
The City Manager or his designated representative
is authorized to post signs informing the public of the
provisions of Sections 92.01 through 92.20 of this
chapter.
Section 92.02 BOAT OPERATION.
It shall be unlawful to operate a boat or vessel
upon any waterway within the City at a rate of speed
which causes, or may cause, waves which result in
damage to docks, wharves, seawalls or boats which are
moored or tied to a dock or wharf along the waterway.
Pursuant to Florida Statutes Section 327.60, this
section shall not apply to boats on the Intracoastal
Waterway.
Section 92.03 MUFFLERS REQUIRED.
It shall be unlawful to operate a watercraft with
an outboard motor or inboard motor which does not have
a properly muffled exhaust within the city so that the
operation of the watercraft annoys or disturbs the
quiet, comfort or repose of any person in any dwelling,
hotel or any other type of residence, or any person in
the vicinity of the operation of the boat.
Section 3. That there is hereby created a new Section
92.10 of the Code of Ordinances of the City of Delray Beach,
Florida, to read as follows:
Section 92.10 MOORING TO PUBLIC PROPERTY.
It shall be unlawful for any person or firm to
moor any boat to any real or personal property which is
owned or leased by the city, or which has been
dedicated to the public use, with the exception of
mooring at Knowles Park, Veterans Park and the city's
marina as provided for in this section:
(1) City Marina. Mooring at the city marina
is only permitted pursuant to Sections 92.30, et.
seq., of the City of Delray Beach Code of
Ordinances. Excursion boats may not operate from
the city marina.
(2) Knowles Park. An owner or operator may
temporarily moor a watercraft at Knowles Park for
the purposes of placing a boat into and removing a
boat from the Intracoastal Waterway. Excursion
boats may not operate from Knowles Park.
(3) Veterans Park. Temporary docking in
designated areas is permitted at Veterans Park for
up to two hours. For excursion boats which moor
or dock at Veterans Park, the person or firm
operating the excursion boat shall obtain a
license prior to docking or mooring at Veterans
Park in order to board passengers.
Section 4. That there is hereby created new Sections
92.15 and 92.16 of the Code of Ordinances of the City of Delray
Beach, Florida, to read as follows:
Section 92.15 DOCKING LICENSE FOR EXCURSION BOAT
OPERATIONS.
(A) Excursion Boat. As used in this chapter, the
term excursion boat is defined as a vessel operating
upon the inland public waterways within the city,
transporting one or more passengers for a fee, and
which is controlled by a person or firm in the business
of offering waterborne sightseeing and entertainment.
(B) License Required; Enforcement. It shall be
unlawful for any person or firm to operate an excursion
boat from Veterans Park without first obtaining a
license from the city, and paying the required fee for
the right to moor to the docks as authorized under the
license.
(C) An application for a short term excursion
boat license shall be made to the Director of Parks and
Recreation, and must include the following information:
(1) The name, business address and telephone
number of the person or firm operating the
excursion boat business. If a corporation or
partnership, include the names of all directors,
officers or partners, where applicable.
- 2 - Ord. No. 18-92
(2) A description of each vessel proposed to
be utilized as an excursion boat, including a copy
of the Florida Vessel Registration and United
States Coast Guard Certificate of Inspection.
(3) A list of all pilots who will operate
the excursion boat, including their names,
addresses, employment history over the past five
years, and a copy of the United States Coast Guard
license for the class of vessel each pilot will
operate.
(4) Where the excursion boat will be located
when not in use.
(5) A certificate of insurance showing the
City as an additional named insured on a policy or
policies insuring each vessel and the business
for:
(a) Hull and machinery replacement,
(b) Third party and passenger liability
- $1,000,000 for each boat,
(c) Third party property damage -
$50,000 per occurrence, and
(d) If the business has three (3) or
more employees, evidence of
workers' compensation insurance,
including Jones Act Coverage, is
required. All insurance policies
must be kept in full force and
effect at all times the excursion
boat operations take place.
(6) A copy of the occupational license
issued by the city if the principal place of
business is in the corporate limits of the city.
(7) A cashiers check made payable to the
City of Delray Beach in the amount of $100.00.
(C) The Director of Parks and Recreation or his
designee shall review all license applications. The
Director of Parks and Recreation shall inform the City
Manager of a recommendation of approval or rejection on
the merits of the application. The approval or
rejection of the application for a license shall be
based on the applicant's demonstration that it has the
proper equipment and personnel to operate a safe and
high quality excursion boat operation. No application
from the same person or firm whose application has been
rejected shall be reconsidered by the Director of Parks
and Recreation or his designee within six (6) months
from the date of such rejection.
(D) Upon approval of the license application by
the Director of Parks and Recreation, the person or
firm shall enter into a short term license agreement
with the city. After execution of the license
agreement, the person or firm may obtain a permit to
operate the excursion boat. The fee for each permit is
$250.00 and authorizes the operation of the excursion
boat from Veterans Park for a period of one (1) day
during the hours of 9:00 a.m. to 10:00 p.m.
- 3 - Ord. No. 18-92
(E) No person or firm entering into a short term
license agreement shall receive more than six (6)
permits per year. The year shall begin on the date on
which the person or firm obtains its first permit.
Each permit shall be displayed on the vessel alongside
the state commercial registration sticker.
(F) The municipal docks at Veterans Park may be
used by the excursion boat which has obtained a permit
from the city. At the time the excursion boat is
loading or disembarking passengers, the captain of the
boat shall remain within five (5) feet of the vessel.
An excursion boat shall not moor to the docks for
longer than thirty (30) consecutive minutes.
(G) Revocation or Suspension of a License.
(1) A license may be revoked or suspended
for any of the following causes:
(a) Failure to comply with all state
and federal laws and regulations concerning
the vessels of the type utilized by the
license.
(b) Multiple instances of careless
operation of a vessel in violation of state
or local laws.
(c) Failure to maintain all required
policies of insurance in full force and
effect.
(d) Conviction by the licensee, if a
person, or by any director, officer or
partner of the license, if a corporation or a
partnership, of a felony violation in this
state or violation of the laws of any other
state which would constitute a felony
violation in this state.
(e) Submission of false or incomplete
documentation or information required by this
section.
(H) No excursion boats shall fuel while moored at
the docks; all fueling shall be carried out at a marine
service location.
(I) No excursion boat shall at any time have in
use loudspeakers or any device to amplify sound, with
the exception of an internal intercom system, the
sounding of horns for navigational purposes, passenger
pick-up and discharge for safety related purposes, or
in the case of an emergency. No excursion boat shall
at any time, except for safety related purposes,
illuminate by spotlight or any other means any of the
sights or places of interest located along its route of
operation, including, but not limited to, residential
dwellings, businesses or government buildings.
(J) A license or permit may not be assigned.
- 4 - Ord. No. 18-92
(K) Enforcement. This chapter shall be enforced
by the Director of Parks and Recreation and his
designees, by the Police Department of the City of
Delray Beach, and the City of Delray Beach Code
Enforcement Officers.
Section 92.16 LONG TERM LICENSE.
A long term license agreement, which would grant
the licensee the right to operate its excursion boat
from Veterans Park more than six times per year, may be
granted by the City Commission.
Section 5. That there is hereby created new Sections
92.19 and 92.20 of the Code of Ordinances of the City of Delray
Beach, Florida, to read as follows:
Section 92.19 ANCHORING IN RESTRICTED AREAS.
(A) For the purpose of this section, "restricted
area" shall mean any canal, harbor or inlet opening
directly into the Intracoastal Waterway, but not
including the main channel of the Florida Intracoastal
Waterway.
(B) It shall be unlawful for any boats which are
permanently or temporarily occupied by a person, or
which a person is using as a residence, to be anchored
in the restricted area in the public waterways within
the city, as described in Section (A) above, for more
than a total of 24 hours in any one week period.
Section 92.20 PRIVATE DOCKS.
Nothing contained in this chapter shall be
construed as prohibiting the anchoring or mooring of
boats adjacent to private docks, whether or not located
in the restricted area. This exception shall only be
applicable as to boats which are being anchored or
moored adjacent to a private dock with the permission
of the owner of the private dock.
Section 6. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 7. 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 8. That this ordinance shall become effective
ten (10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 5 - Ord. No. 18-92
MEMQRANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/'.~
ORDINANCE NO. 18-92
DATE: May 8, 1992
This is a first reading of an ordinance amending Chapter 92 of the
Code of Ordinances by repealing Section 92.01 through and including
Section 92.20 and enacting new Sections 92.01 through 92.20 to
provide updated regulations with regard to the operation and mooring
of boats within the City.
Provisions of this ordinance include a new Section 92.10, which
makes it unlawful for any person or firm to moor any boat to any real
or personal property which is owned or leased by the City, or which
has been dedicated to the public with the exception of mooring at
Knowles Park, Veterans Park, and the City's Marina; and, a new
Section 92.15 which makes it unlawful for any person or firm to
operate an excursion boat from Veterans Park without first obtaining
a license from the City, and paying the required fee.
This ordinance will permit boat operators to temporarily dock at
Veterans Park for no more than two hours. An excursion boat licensee
may only obtain six permits per year. Each permit will cost $250,
and allows mooring at Veterans Park for one day, for no more than
thirty minutes at any one time and between the hours of 9 a.m. until
10 p.m.
Recommend approval of Ordinance No. 18-92.
May 21, 1992
Captain Dane L. Mark
Ramblin' Rose Riverboat, Inc.
801 East Atlantic Avenue
Delray Beach, FL 33483
Dear Captain Mark:
Please be advised that Ordinance No. 18-92, which revises Chapter
92, "Boats and Boating", is scheduled for second reading and
public hearing on Tuesday, May 26, 1992, at 7:00 P.M. At this
time, anyone who wishes to make a comment regarding the ordinance
may do so.
If you haVe any further questions regarding this issue, please do
not hesitate to contact me.
Sincerely,
Alison MacGregor Harty
City Clerk
/sob
cc: David Tolces, Assistant City Attorney
Joe Weldon, Director of Parks and Recreation
[ITY DF DE£RI:IY BI;R£H
May 18, 1992
Mr. Maury Goldberg
T.S.O. Paradise
244 Venetian Drive
Delray Beach, FL 33483
Dear Mr. Goldberg:
Enclosed for your information and review is a copy of Ordinance
No. 18-92 which revises Chapter 92, "Boats and Boating", of the
City's Code of Ordinances.
This ordinance was passed on first reading by the Delray Beach
City Commission on May 12, 1992. It is scheduled for second
reading and public hearing before the City Commission on Tuesday,
May 26, 1992, at 7:00 p.m. in the Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
Should you have any questions, please do not hesitate to contact
me at 407/243-7050.
Sincerely,
Alison MacGregor Harty
City Clerk
AMH/m
Enclosure
cc: City Manager
Director of Parks and Recreation