48-90 ORDINANCE NO. 48-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING, TITLE IX, "GENERAL
REGULATIONS", CHAPTER 92, "BOATS AND BOATING",
SUBHEADING, "CITY MARINA", SECTION 92.32, "LICENSE
AGREEMENT FOR BOAT DOCKAGE"; TO PROVIDE THAT A LICENSE
AGREEMENT MUST BE EXECUTED BY EACH LICENSEE OF DOCK SPACE
AT THE CITY MARINA; TO PROVIDE THAT THE FORM AND TERMS OF
THE LICENSE AGREEMENT SHALL BE APPROVED BY THE CITY
COMMISSION AND SHALL BE KEPT ON FILE FOR PUBLIC
INSPECTION OF ITS TERMS AND CONDITIONS AT THE OFFICE OF
THE CITY CLERK AND IN THE OFFICE OF THE DIRECTOR OF THE
PARKS AND RECREATION DEPARTMENT; BY REPEALING SECTION
92.34, "RULES AND REGULATIONS", TO PROVIDE THAT ALL
LICENSEES AT THE CITY MARINA ARE SUBJECT TO RULES AND
REGULATIONS AS PROMULGATED AND APPROVED BY THE CITY
COMMISSION, SAID RULES TO BE POSTED AT THE CITY MARINA
AND FURTHER PROVIDING THAT A COPY OF THE RULES AND
REGULATIONS SHALL BE DISTRIBUTED TO ALL LICENSEES AND
KEPT ON FILE IN THE OFFICE OF THE CITY CLERK AND IN THE
OFFICE OF THE DIRECTOR OF THE PARKS AND RECREATION
DEPARTMENT FOR PUBLIC INSPECTION; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND
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", Subheading "City Marina", Section 92.32, "Dockage
Agreement" of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby repealed, and a new Section 92.32,
"License Agreement for Boat Dockage" is hereby enacted, to read as
follows:
92.32 License Agreement for Boat Dockage
(A) Each Licensee prior to becoming a licensee of dock space
at the City Marina shall execute a written license
agreement which shall automatically expire on September
30th of each year.
(B) The License Agreement for boat dockage shall be in a form
approved by the City Commission.
(C) A copy of the License Agreement, as approved by the City
Commission shall be kept in the office of the City Clerk
and in the office of the Director of the Parks and
Recreation Department for public inspection.
(D) All Licensees shall abide by the terms and conditions
contained within the License Agreement for Boat Dockage
and the City Marina Rules and Regulations, as may be
amended from time to time.
(E) The City shall require notification and the submission of
a change of status form when the Licensee anticipates
termination of the license agreement, upon temporary
absence of thirty (30) days or more from the marina or for
any other status change.
(F) Each resident must sign a marina key receipt as part of
the license agreement.
Section 2. That Title IX, "General Regulations", Chapter 92,
"Boats and Boating", Section 92.34, "Rules and Regulations", of the Code
of Ordinances of the City of Delray Beach, Florida, be, and same is
hereby repealed, and a new section 92.34, "Rules and Regulations", is
hereby enacted to be read as follows:
(A) All Licensees shall comply with the Rules and Regulations
as promulgated and approved by the City Commission.
(B) The Rules and Regulations shall be distributed to all
Licensees, posted at the City Marina and kept on file in
the Office of the City Clerk and the Office of the
Director of the Parks and Recreation Department for public
inspection.
(C) Any suggestions or complaints should be brought to the
attention of the City. The City may cancel the license
agreement and order any vessel to vacate the space that
vessel is occupying for the violation of any of the
marina's rules and regulations or any violation of the
license agreement.
Section 3. 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 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of October , 1990.
ATTEST: ~
Asst. City Clei~k~
First Reading October 9, 1990
Second Reading October 23~ 1990
-2- Ord. No. 48-90
BOCA ItATON NEWS
DELRAY BEACH NEWS
BOYNTON BEACH NEWS
Published Daily
Monday thru Sunday
Boca Ration, Palm Beach County, Florida
Delray Beach, Palm Beach County, Florida ^N
B~H, F~I~ RE~NG TI-
TLE I~ ~E~RAL KGU~,
8T~T~ OF FLO~ZD~
COUNTY OF PALM BEACH ~ ~ ~v ~-.
Before the undersigned authority personally
appeared NANCY WA~ who on oath says that she
A~ T~ ~ ~E LICEm
is the Classified Advertising Manager of the Boca AGREE~
Raton News and the Delray Beach News, daily Sl~*~
F~ FOR
newspapers published at Boca Raton in Palm ,Ts TE~ AND ~IT~S ~AT
Bemch ~oun~y, F~orlda; ~h~t ~he a~tmched copy o~
advertisement was D~sh~d in said n~wsD~D~rs ~A~ ~A~ ~ ~-
THA~
VID~ ~T A. CO~ ~ ~E
m T.E ~G ~ ~mECm
Affiant f~rther says that the s~d Boca Raton
News and Delray Beach News are newspapers pub-
lished at Boca Raton, in said Palm Beach County,
Florida, Monday through Sunday, and have been
entered as second class matter ~t the post office in
Boca Raton, Palm Beach County, Florida, for ape- ~' ~ ~'~' ~ ':~ ~ I
tied of one year next preceding the f~st publica-
tion of the at~ched copy of advertisement; and
affiant further says that she has neither paid nor
promised any person, lmm or corporation any dis-
count, rebate, commission or refund for the p~-
pose of securing this advertisement for publication
in said newspapers.
Cl~
Sworn to a ibed before me this c~c~
(Seal, Notary Public,~lorida ~t large)
Ic~[~f~r,m~l~! CHARLENE RICH