Ord 51-07
ORDINANCE NO. 51-07
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS
AND BOATING", BY AMENDING SECTION 92.33, "DOCKAGE
RATES", TO CLARIFY THE DOCKAGE RATE CHARGED;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, the Ciry Commission of the City of Delray Beach, Florida, desires to amend its Code
of Ordinances in order to clarify the dockage rate charged by the City Marina.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter 92, "Boats and Boating", Section 92.33, "Dockage Rates", of the
Code of Ordinances of the Ciry of Delray Beach, Florida, is hereby amended as follows:
Sec. 92.33. DOCKAGE RATES.
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The dockage rates charged shall be set by the City Commission and a copy of the current rates
may_ be found in the City Clerk's Office and the Parks and Recreation Director's Office. These rates may
be changed from time to time as determined by the City Commission. The minimum amount charged for
dockage shall be the fee fora 35 foot non-live aboard boat if a boat is not currently specified on the
license agreement or if a boat is listed on the license agreement and is less than 35 feet in length. If the
boat listed on the license agreement is less than 35 feet in length and is a live aboard the minimum fee
charged shall be the rate charged fora 35 foot live aboard boat.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. 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 6s' day of
November, 2007.
MAYOR
ATTEST:
CITY CLERK
First Readin ~ ~!2
Second Readin ~~
2 ORD. NO. 51-07
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT:
ORDINANCE NO 51-07 AMENDING DOCKAGE RATES FOR THE CITY
MARINA
DATE: OCTOBER 24, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading for an ordinance amending Chapter 92,
"Boats and Boating", by amending Section 92.33, "Dockage Rate", of the Code of Ordinances to
clarify the dockage rate charged for the City Marina.
BACKGROUND
At the first reading on October 16, 2007, the Commission passed Ordinance No. 51-07.
RECOMMENDATION
Recommend approval of Ordinance No. 51-07 on second and final reading.
S:\City perk\AGENDA COVER MEMOS\Ckdinance Agenda Memos\ord 51-07 Amending Dockage Rapes Eor City Marina 11.06.07.doc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: R. BRIAN SHUTT, ASSISTANT CITY ATTORNEY ~~--~--~
THROUGH: CITY ATTORNEY
DATE: OCTOBER 10, 2007
SUBJECT: AGENDA ITEM # I ~ • ~-REGULAR MEETING OF OCTOBER 16, 2007
ORDINANCE 51-07 AMENDING DOCKAGE RATES FOR THE CITY
MARINA
ITEM BEFORE COMMISSION
This item before the Commission is Ordinance 51-07 which amends Section 92.33 of the City Code
regazding the dockage rates at the City Marina.
BACKGROUND
The current ordinance sets forth certain dockage rates and license requirements that aze either
outdated or not applicable. Ordinance 51-07 provides that the Commission shall set the dockage
rate and that current rates shall be located in the City Clerk's Office or the Parks and Recreation
Director's Office. Also, Ordinance 51-07 provides for a minimum dockage rate to be chazged.
RECOMMENDATION
Staff recommends approval of Ordinance 51-07.
cc: Tim Simmons, Acting Pazks and Recreation Director
ORDINANCE NO.51-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 92, "BOATS AND BOATING",
BY AMENDING SECTION 92.33, "DOCKAGE RATES", TO CLARIFY THE
DOCKAGE RATE CHARGED; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend its
Code of Ordinances in order to clarify the dockage rate chazged by the City Marina.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter 92, "Boats and Boating", Section 92.33, "Dockage Rates", of
the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended as follows:
Sec. 92.33. DOCKAGE RATES.
.
The dockage rates chazQed shall beset by the Citv Commission and a copy of the current
rates may be found in the City Clerk's Office and the Pazks and Recreation Director's Office.
These rates may be chanl,ed from time to time as determined by the City Commission. The
minimum amount chazQed for dockage shall be the fee fora 35 foot non-live aboazd boat if a boat is
not currently specified on the license agreement or if a boat is listed on the license agreement and is
less than 35 feet in length If the boat listed on the license agreement is less than 35 feet in length
and is a live aboazd the minimum__fee chazQed shall be the rate chazaed fora 35 foot live aboazd
boat.
Section 2. 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 declazed to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on this day
of , 2007.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
2 ORD. N0.51-07
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CITY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on
the Iollowing proposed ordinances at
7:00 p.m. on TUESDAY, NOVEMBER ,
6, 2007 or at any anOnuation of such I
meeting which is set by the
Commission), in the City Commission
Chambers, 100 N.W. 1s1 Avenue, Del-
ray Beach, Fbrida, at which time the
City Commission will consider their
adoption. The proposed ordinances
may be inspected at the Otlice of the''.
City Clerk at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida, be- ~
tween the hours of 6:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. All interested padies are in-'
vited to a0end and be heard with re-
spect mthe proposed ordinances.
ORDINANCE N0.45-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING
SECTION 37.45, °SUPPLEMENTAL
CODE ENFORCEMENT PROCE-
DURES", SUBSECTION (O), "CIVIL
PENALTIES", TO PROVIDE FOR CI-
TATIONS FOR NOISE VIOLATIONS
OF MOTOR VEHICLES AND MO-
TORCYCLES; AMENDING CHAPTER
99, °NOISE CONTROL°, BY AMEND-
ING SECTION 99.02, `DEFINITIONS",
TO PROVIDE UPDATED DEFINI-
TIONS; BY AMENDING SECTION
199.04,"LOUD AND UNNECESSARY
NOISES ENUMERATED; EXCEP-
TIONS", TO CHANGE THE NAME TO
"LOUD AND RAUCOUS NOISES
ENUMERATED; EXEMPTIONS", BY
AMENDING SUBSECTION (A),
`CERTAIN ACTS DECLARED UN-
LAWFUL, (1)(a) AND (14), `MOTOR
VEHICLES OPERATING ON A PUB-
LIC RIGHT-OF-WAY", TO ADD
'MOTORCYCLES", 'MUFFLERS",
AND "RAPID THROTTLE ADVANCE",
IN ORDER TO PROVIDE A CAP FOR
ALL MOTORCYCLE EXHAUST
NOISE AND REQUIRE EPA NOISE
LABELS; PROVIDING A SAVING
;CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE N0.51-07
AN ORDINANCE OF THE CITY COM- 1
EMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 92, °BOATS AND BOAT-
ING", BY AMENDING SECTION
92.33, "DOCKAGE RATES", TO
'CLARIFY THE DOCKAGE RATEi
CHARGED; PROVIDING A SAVING ~
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE
DATE.
Please be advised That it a person de-
cides to appeal any decision made by!
the City Commission with respect to
'any matter considered at These hear-
ings, such person may need to ensure
that a verbatim recortl includes Ihe~
testimony and evidence upon which
the appeal is to be based. The Cily
does not provide nor prepare such
record pursuam to FS. 286.010.5.
CITY OF DELRAY BEACH
Chevelle D. Nuhin, CMC .
City Clerk
Publish: Friday, October 20. 2007
Boca RatonrDelray Beach News