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BOYNTON.16 Chapter 16 PARKS AND RECREATION* Art. I. In General, §§ 16 - 1 — 16 - 17 Sec. 16 - 3. Officers of board. Art. II. City Parks and Benches, §§ 16 - 18 — 16 - 92 Within ten (10) days from the date of their Div. 1. Generally, appointment, the director of recreation and parks shall §§ 16 - 18 — 16 - 37 call a meeting for the members of the board to Div. 2. Conduct Regulated, organize by electing one of their members chair man §§ 16 - 38 — 16 - 68 and one of their members vice - chairman of the board. Div. 3. Traff ic and Parking (Code 1958, § 2 - 53) Regulations, §§ 16 - 49 — 16 - 92 Art. III. Boats and Boating, §§ 16 - 93 — 16 - 95 Sec. 16 - 4. Meetings of board. *Cross references - Enclosure of swimming pools, § 5 - 125; recreational vehicles, boats and boat (a) In the performance of their duties set forth trailers, Ch. 20; parks and recreational areas in in this article, the board shall hold at least one regular subdivisions, App. C, Art. IX, § 8. meeting each month in the city hall. Special meetings may be called by the board chairman or the recreation department upon prior notification. ARTICLE I. IN GENERAL (b) Minutes shall be kept during all meetings with a copy given to the city manager and the original Sec. 16 - 1. Board created; appointment, terms, copy placed in the files of the recreation and parks qualifications. department. There is hereby established a recreation and (c) The recreation and parks department shall parks board, hereinafter referred to as “board”, which prepare an agenda for each meeting and shall contact board shall consist of seven (7) members. The city the chairman of the board regarding the agenda. council shall appoint the members of said board. Two (2) members shall serve for a term of one (1) year (d) Four (4) members in attendance shall from the date of appointment; three (3) members constitute a quorum before an official meetin g is shall serve for a term of two (2) years from the date declared in session. (Code 1958, § 2 - 53) of appointment; two (2) members shall serve for a term of three (3) years from the date of appointment. Vacancies created after expiration of these terms Sec. 16 - 5. Powers and duties of board. shall be filled by appointments for three - year terms. Members of the board shall be residents and electors Subject to the control and direction of the city of the city. (Code 1958, § 2 - 51; Ord. N o. 83 - 18, § 1, council, the board: 5 - 17 - 83; Ord. No. 85 - 25, § 1, 4 - 2 - 85) Sec. 16 - 2. Removal of board members; vacancies. Members of the board may be removed by a majority vote of the total members of the city council. Vacancies on the board shall be filled by the city council. (Code 1958, § 2 - 52) n a n a d v i s o r y c a p a c i t y ( n o n a d m i n i s t r a t i v e ) t o t h e r e c n o f i d e a s o f c i t i z e n s w h o a r e i n t e r e s t e d i n p r o m o t i n f o r t h e c i t y . S u c h a d v i c e s h a l l i n c l u d e b u t n o t b e l i 1 Boynton Be ach Code 2 maintenance of public recreation and parks of the city. Sec. 16 - 6. Recreational and park fund established; expendi tures. (b) May acquire by gift or donation, any property for public recreation or park There is hereby established as a part of the city purposes. Any gifts or donations acquired treasury a fund to be known as the recreational and shall go through the recreation and parks park fund. All monetary gifts or donations to the city department and shall b ecome the property for recreation or park purposes shall be paid into said of the city, and title of any real property so fund. acquired shall be taken in the name of the city. Expenditures from the recr eational and park fund of the city shall be in the manner and form provided (c) Shall make recommendations to the city by Laws of Florida or the city for expenditures of manager and city council, through the municipal funds. No monetary gift or donation to the recreation and parks director, concerning city for public park purposes shall be expended for the purchase of p roperty by the city for any purpose other than r ecreation and parks. (Code public recreation and park purposes, 1958, § 2 - 55) concerning the establishment, maintenance, and supervision of public recreation and Sec. 16 - 7. Use of portion of Boynton Canal and parks, and concerning expenditures of the abutting property prohibited. recreational and park fund hereinafter established. All fishing, swimming, diving, trespassing, parking or loitering in or about that certain portion of (d) Shall annual ly, in an advisory capacity, the Boynton Canal and abutting property owned by assist the recreation and parks department the South Florida Water Management District, lying in preparing a proposed budget for public east of the easterly right - of - way line of U.S. Highway recreation and parks for the city. No. 1 (State Road No. 5), more particularly described as follows: (e) Shall keep records and accounts of all the activities of the board and make reports through the recrea tion and parks department to the city council and city manager whenever requested to do so. (f) Shall make recommendations to the director of recreation and parks and the city manager, to be submitted to the city council for approval, concerning employmen t of personnel to conduct, instruct and supervise park and recreational activities, and the use of public recreation and park facilities of the city. (g) In exercising their powers and performing their duties as specified in this article, the board shall act through a majority of its members and the chairman of the board is requested to sign all papers and documents requiring the signature of the recreation and park board. (Code 1958, § 2 - 54) r s e c t i o n o f t h e e a s t e r l y r i g h t - o f - w a y l i n e o f U . S . H h e B o y n t o n C a n a l ; t h e n c e p r o c e e d e a s t e r l y a l o n g t h e n e s o u t h w e s t c o r n e r o f L o t 6 2 , C o q u i n a C o v e , P l a t B o o k o r i d a ; t h e n c e p r o c e e d s o u t h e a s t e r l y a c r o s s t h e r i g h t - n e r o f L o t 4 1 , H a r b o r E s t a t e s , P l a t B o o k 2 1 , P a g e 9 8 , p r o c e e d w e s t e r l y a l o n g t h e s o u t h r i g h t - o f - w a y l i n e o t h e e a s t e r l y r i g h t - o f - w a y l i n e o f U . S . H i g h w a y N o . 1 f - w a y l i n e o f U . S . H i g h w a y N o . 1 t o t h e p o i n t o f b e g i a g e n e r a l p u b l i c n u i s a n c e a n d s u c h a c t i o n s b y a n y p e r Parks and Recreation 3 Secs. 16 - 8 — 16 - 17. Reserved. parks. (Code 1958, § 19 - 1) ARTICLE II. CITY PARKS AND BEACHES Sec. 16 - 19. Director to establish hours. The director shall establish hours that the park or DIVISION 1. GENER ALLY beach shall be open to the public use as may be deemed reasonable and such opening and closing tim e shall be posted for public information. (Code Sec. 16 - 18. Definitions. 1958, § 19 - 2) As used in this article: Sec. 16 - 20. Interference with permittees. Director means the recreation and parks director of the city. No person at any beach or park shall disturb or interfere unreasonably with any person or party Park means a park, reservation, playground, occupying any area or participating in any activity beach, recreation center or any other area in the city, under the authority of a permit. (Code 1958, § 19 - 3) owned or used by the city, and devoted to active or passive recreation. Sec. 16 - 21. Showing of permits upon request. Vehicle means any wheeled conveyance, whether motor powered, animal - drawn, or self - Every person at a beach or park shall produce propelled. The term shall include any trailer in tow of and exhibit any permit from the director he claims to any size, kind or description. Exception is made for baby carriages and ve hicles in the service of the city 2002 S - 17 have, upon request of any authorized pe rson who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule. (Code 1958, § 19 - 4) Sec. 16 - 22. Enforcement of regulations. (a) The director and park or beach attendants shall, in connection with their duti es imposed by law, diligently enforce the provisions of this article. The director and any park attendant shall have the authority to eject from the park or beach any person acting in violation of this article, and shall have the authority to seize and con fiscate any property, thing or device in the park or beach used in violation of this article. Administrative authority is hereby granted to the City Manager and/or his or her designee to designate and post specific areas in city parks as “Quiet Zones.” ( b) Penalties for violation of this section shall be pursuant to the City Code of Ordinances Chapter 1, General Provisions, Article 1, Section 1 - 6. (Code 1958, § 19 - 5) (Ord. No. 02 - 001, § 2, 1 - 15 - 02) Sec. 16 - 23. Permit required to erect structure or ru n utility. It shall be unlawful for any person to construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across any beach or park, except on sp ecial written permit issued hereunder. (Code 1958, § 19 - 19) Sec. 16 - 24. Removal of sand or soil, shrubs, trees, etc. It shall be unlawful for any person to dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shr ubs or plants, down - timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency upon any beach or park within the city. (Code 1958, § 19 - 18) Boynton Beach Code 4 Sec. 16 - 25. Damaging trees, plan ts, grass. DIVISION 2. CONDUCT REGULATED It shall be unlawful for any person to damage, cut, carve, or transplant any tree or plant or injure the Sec. 16 - 38. Alcoholic beverages permitted only bark, or pick the flowers or seeds of any tree or plant at designated places; sale; in any beach or park. Nor shall any person attach any drunkenness. rope, wire or other contriva nce to any tree or plant. No person shall dig in or otherwise disturb grass No person shall drink nor possess alcoholic areas, or in any other way injure or impair the natural beverages at any time at any beach or park except at beauty or usefulness of any beach or park. (Code specifically designated recreation centers where 1958, § 19 - 20) meals or lunches are served under concession privileges. The sale of alcoholic beverages by such concessionaire will be permitted under the strict Sec. 16 - 26. Pollution of waters. regulation and control of the director. Sales of alcoholic beverages shall be made only in individual It shall be unlawful fo r any person to throw, drinks (not in original packages or otherwise in bulk) discharge or otherwise place or cause to be placed in and shall be served for consumption on the immediate the waters of any fountain, pond, lake, stream, bay or premises of the concession. No person shall become other body of water in or adjacent to any park or drunk or be under the in fluence of intoxicating beach, or tributary stream, storm sewer or drain beverages. (Code 1958, § 19 - 6) flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. (Code 1958, § 19 - 22) Sec. 16 - 39. Animals prohibited. Cross references - Throwing refuse into bodies of water, § 10 - 24; littering generally, § 15 - 26 et seq. No person shall have, or be permitted to have, any dog, cat or other domestic animals on any designated beach or park area at any time whether Sec. 16 - 27. Structures to afford open view; guy muzzled, leashed or no t; provided, that dogs, cats and wires, braces prohibited. other domestic animals are permitted to remain in a parked vehicle in properly designated parking areas It shall be unlawful for any person to erect, but no domestic animal shall be permitted to run at maintain, use or occupy on or in any beach or bathing large. (Code 1958, § 19 - 7) area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at least two (2) sides; nor Sec. 16 - 40. Fireworks or explosives. shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any No person at any park or beach shall bring in or such structure to any other structure, stake, rock or have in his possession, or set off or otherwise cause to other object outside thereof. (Code 1958 , § 19 - 40) explode or discharge or burn, any firecracker, torpedo, rocket or other fireworks or explosives or inflammable materials, or discharge them or throw Secs. 16 - 28 — 16 - 37. Reserved. them into any such area from land or highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints. 2002 S - 17 Pa rks and Recreation 5 This section shall not prohibit fireworks displays areas; dropping inflammable where permitted under the provisions of section 15 - 5. material. (Code 1958, § 19 - 8) No person shall build or attempt to build a fire except in such areas and under such regulations as Sec. 16 - 41. Use of facilities provided for may be designated by the director. No person shall opposite drop, throw or otherwise scatter lighted matches, sex. burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any No person at any park or beach shall occu py any highway, road or street abutting or contiguous seat or bench, or enter into or loiter or remain in any thereto. (Code 1958, § 19 - 12) pavilion or other park structure or section thereof which may be reserved and designated by the board for the use of the opposite sex. Exception is made for Sec. 16 - 44. Gambling. children under four (4) years of age . (Code 1958, § 19 - 9) Gambling, or the participation therein or the abetting thereof, is prohibited at any beach or park. (Code 1958, § 19 - 13) Sec. 16 - 42. Soliciting prohibited. It shall be unlawful at any beach or park for any person to solicit alms or contributions for any public or private purpose. (Code 1958, § 19 - 10) Sec. 16 - 43. Fires, permitted only in designated 2002 S - 17 Sec. 16 - 45. Entering, using closed area. cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. (Code 1958, § 19 - 17) No person shall enter an area on a beach or park posted as “Closed to the Public” nor shall any person use or abut the use of an y area in violation of posted Sec. 16 - 48. Climbing trees; standing or sitting notices. (Code 1958, § 19 - 14) on fixtures. Sec. 16 - 46. Sleeping, lounging; disorderly It shall be unlawful for any person to climb any conduct generally. tree, or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon No person shall at any beach or park sleep or any other property on any beach or park which is not protractedly lounge on the seats or benches or other designated or customarily used for such purposes. areas, or engage in loud, bo isterous, threatening, (Code 1958, § 19 - 21) abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace. (Code 1958, § 19 - 15) Sec. 16 - 49. Refuse and trash. It shall be unlawful for any person to bring in or Sec. 16 - 47. Cooperation in keeping rest rooms dump, deposit or leave any bottles, broken glass, clean. ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash on any beach or park. It shall be unlawful f or any person to fail to Boynton Beach Code 6 No such refuse or trash s hall be placed in any waters in or contiguous to any park or beach, or left anywhere on the grounds thereof, but shall be placed 2002 S - 17 in the proper receptacles where these are provided. Where receptacles are not provided, all such rubbish or waste shall be carr ied away from the park or beach by the person responsible for its presence and properly disposed of elsewhere. (Code 1958, § 19 - 23) Sec. 16 - 50. Swimmers to conform to regulations. It shall be unlawful for any person in a park or beach to swim, bathe, o r wade in any waters or waterways in or adjacent to any park or beach, except in such waters and at such places and during such hours as are provided therefor, and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat when such activity is prohibited by the director upon a finding that such use of the water would be dangerous or otherwise inadvisable. (Code 1958, § 19 - 39) Sec. 16 - 51. Reserved. Editor's note - Ord. No. 85 - 45, Attach. (b), adopted Aug. 20, 1985, repealed § 16 - 51, indecent exposure, as derived from the 1958 Code, §§ 17 - 6, 19 - 11, 19 - 41. Sec. 16 - 52. Dressing and undressing. No person shall dress or undress on any beach or in any vehicle, toilet or other place except in such bathing houses or structures as may be provided for that purpose. (Code 1958, § 19 - 41) Sec. 16 - 53. Hunting; weapons; shooting. It shall be unlawful for any person to hunt, trap or pursue wild life at any time on any beach or park; nor shall any person use, carry or possess firearms of any description, or air - rifles, spring - guns, bow and arrows, slings or any other forms of weapons potent ially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into a park area from beyond the park boundaries is forbidden. (Code 1958, § 19 - 42) S ec. 16 - 54. Place for picnics; regulation authorized. It shall be unlawful for any person to picnic or lunch on any beach or park in a place other than those designated for that purpose. Attendants shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. (Code 1958, § 19 - 43) Sec. 16 - 55. Use of fireplaces and picnic are as. The use of the individual fireplaces together with tables and benches follows generally the rule of “first come, first served.” No person shall use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded. (Code 1958, § 19 - 44) Sec. 16 - 56. Duties when leaving picnic area. No person shall leave a picni c area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere. (Code 1958, § 19 - 45) Parks and Recreation 7 Sec. 16 - 57. Camping. No person shall camp in any park in other than permanent cabins for organize d camping, provided by the director and used by groups of persons under the enumerated persons to enter said park between the adequate supervision. No person shall set up tents, hours of 10:00 p.m. and dawn of the next day. shacks or any other temporary shelter for the purpose (Ord. No. 82 - 21, § 2, 7 - 20 - 82) of overnight camping, nor shall any person leave in a park after closing hours any movable structure or special vehicle to be used or that could be used for Sec. 16 - 61. Boat launching and trailer parking such purpose, such as a house trailer, camp trailer, user fee at the Boat Club Park. camper, camp wagon or the like. (Code 1958, § 19 - 46) (a) The purpose of this section is to establish an annual and daily boat launching and trailer parking user fee for the City's Boat Club Park. Sec. 16 - 58. Games allowed only in designated areas. (b) The City shall charge a $50 annual decal fee and $10 daily fee for non - decal holders. No person sh all take part in or abet the playing of any games involving thrown or other propelled (c) The City shall not differentiate between objects such as balls, stones, arrows, javelins or residents and non - residents of the County or the State model airplanes except in areas set apart for such while processing decal applications. forms of recreation. The playing of rough or comparatively dangerous games such as football, (d) (1) Decals will be issued to an applicant baseball and quoits is prohibited except on the fields on an annual basis Octo ber 1 to September 30 upon and courts or areas provided therefor. Roller skating satisfactory completion of appropriate application shall be confined to those areas specifically forms, commencing October 1, 2001. All decals shall designated for such pastime. (Code 1958, § 19 - 47) be permanently affixed on the passenger side of the trailer (on a conspicuous part of the winch post; alternately the tongue, as close as possible to the Sec. 16 - 59. Overnight bo at docking prohibited. ball). Decals placed on a trailer other than the one for which it was originally issued shall be construed to be It shall be unlawful for any persons to camp void. overnight on the grounds of Boat Club Park or to dock their boats on the shorelines or ramp area of (2) In the event that the trailer to which the said Boat Club Park either overnight or on a permanent decal was issued has been sold or permanent docking basis. (Ord. No. 82 - 21, § 1, 7 - 20 - otherwise chan ged ownership and/or in the event a 82) properly issued decal is mutilated and can be identified, the decal will be replaced for a charge of twenty - five dollars ($25.00) provided the holder can Sec. 16 - 60. Establishing hours of use at city return an identifiable portion of the mutilated decal to Boat Club Park. the city. In the event the holder of a lost or mutilated decal cannot provide an identifiable portion or part of The Boat Club Park shall be closed at 10:00 p.m. the decal, the charge for a replacement decal will be to all persons, except for fishermen and boaters the sum of fifty dollars ($50.00). actively engaged in fishing or boating or preparation thereof and official permit holders utilizing the boat (e) Daily user fee will require the user to obtain club building, and it shall be unlawful for any, except a daily de cal which expires 24 hours after issuance. (f) Unpermitted boats, vessels and trailers are subject to a $25 fine. 2003 S - 20 Boynton Beach Code 8 (g) Enforcement: The City Police Department is hereby given the power and duty to enforce this 2003 S - 20 article and sh all have the power to make lawful arrests for the violation of the provisions hereof. Anyone found to have violated any provision of this section shall be punished as provided for in this chapter or as otherwise provided by law. (h) Should any section o r provision of this section or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this section. (Ord. No. 00 - 72, §§ 1 - 8, 12 - 19 - 00; Ord. No. 02 - 048, § 2, 9 - 3 - 02) Secs. 16 - 62 — 16 - 68. Reserved. DIVISION 3. TRAFFIC AND PARKING REGULATIONS Sec. 16 - 69. Compliance required. It shall be unlawful for any person at any beach or park to fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this Code. (Code 1958, § 19 - 24) Sec. 16 - 70. Authority to direct traffic; obedience required. It shall be unlawful for any person to fail to obey all traffic officers and park or beach employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accorda nce with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director. (Code 1958, § 19 - 25) Sec. 16 - 71. Observance of traffic signs. (Code 1958, § 19 - 28) It shall be unlawful for any person on any beach or park to fail to observe carefully all traffic signs Sec. 16 - 74. Parking to be in parking areas; indicating speed, direction, caution, stopping or obedience to regulations. parking, and all others posted for proper control and to safeguard life and property. (Code 1958, § 19 - 26) It shall be unlawful for any person to park a vehicle on any beach or park in other than an established or designated parking area and such use Sec. 16 - 72. Speed limit. shall be in accordance with the posted direction s thereat and with the instructions of any attendant who It shall be unlaw ful for any person on any beach may be present. (Code 1958, § 19 - 29) or park to ride or drive a vehicle at a rate of speed exceeding ten (10) miles an hour, except upon such roads as the director may designate by posted signs Sec. 16 - 75. Night parking. for speedier travel. (Code 1958, § 19 - 27) It shall be unlawful for any person to leave a vehicle standing or parked at night on any beach or Sec. 16 - 73. Driving in prohibited areas. park without lights clearly visi ble for at least seventy - five (75) feet from both front and rear on any It shall be unlawful for any person to drive a driveway or road area except in legally established vehicle on any beach or park area except upon paved parking areas. (Code 1958, § 19 - 31) roads or parking areas or such areas as may be designated as temporary parking areas by the director. Parks and Recreation 8A Sec. 16 - 76. Notice of vehicle breakdown. 2003 S - 20 It shall be unlawfu l for any person to fail to immediately notify an attendant of a vehicle breakdown on any beach or park requiring assistance of a towtruck, mechanic or any person. (Code 1958, § 19 - 32) Sec. 16 - 77. Double parking. It shall be unlawful for any person to double park any vehicle on any road or parkway on any beach or park unless directed by a park official. (Code 1958, § 19 - 33) Sec. 16 - 78. Where bicycles permitted. It shall be unlawful for any person to ride a bicycle in any beach or park on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use. (Code 1958, § 19 - 35) Sec. 16 - 79. Bicycles to keep to right, single file; manner of riding generally. All persons riding bicycles in any beach or park shall ride such bicycles on the right - hand side of the road paving as close as conditions permit, and bicycles shall be kept in single file wh en two (2) or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting. (Code 1958, § 19 - 36) Sec. 16 - 80. Passengers on bicycles; manner of parking or leaving. Sec. 16 - 82. Rules, regulations controlling It shall be unlawful for any person on any beach parking of vehicles at municipal or park to ride any other person on a bicycle, or to beach property located within the leave a bicycle in a place other than a bicycle rack Town of Ocean Ridge. when such is provided and there is a space available, or to leave a bicycle lying on the ground or paving, so The city manager is hereby directed to set against trees, or in any place or position where implement subject procedures at the earliest possible other persons may trip over or be injured by them. d ate. (Said regulations are set out below.) (Code 1958 , § 19 - 37) POLICY NO. 1. PARKING PERMITS Sec. 16 - 81. Headlights, reflectors on bicycles. Parking permits will be issued on an annual basis (October 1 through September 30) with It shall be unlawful for any person, on any beach issuance beginning September 1 each year to or park to ride a bicycle on any road between thirty residents (see “definitions”) of the City of Boy nton (30) minutes after sunset or before thirty (30) minutes Beach, for a charge of twenty dollars ($20.00) for the before sunrise without an attached headlight plainly first decal issued to a resident vehicle, upon visible at least five hundred (500) feet in front of the satisfactory completion of appropriate application bicycle, and without a red tail light or red reflector forms. Applicants will be required to establish proof plainly visible from at least six hundred (600) feet of from the rear of such bicycle. (Code 1958, § 19 - 38; Ord. No. 85 - 45, Atta ch. (b), 8 - 20 - 85) Boynton Beach Code 8B Parks and Recre ation 9 residency in the City of Boynton Beach (see Qualified nonresident: Anyone who is not a “definitions”) and to present his official state motor resident but who resides in the agricultural reserve vehicle tag registration certificate. area of unincorporated Palm Beach County bounded on the south by lateral Canal No. 30, bounded on the When application is made for more than one north by Hypoluxo Road, and bounded on the west by permit, each separate individual vehicle registration the Loxahatchee National Wildlife Refuge. must be presented. Residents who are not property owners must establish residency by some suitable City employees: All city employees, means, such as voter's registration, executed lease, classified and nonclassified and retired regardless of utility bills or other legal document. residency shall be eligible to receive one parking permit. Proof of employment shall be established Permanent beach parking permit decals shall through the personnel department of the city. Persons be issued at a charge of tw enty dollars ($20.00) only who term inate (not retired) their employment with the to residents owning, leasing, renting, occupying or city and who are not city residents shall be required to residing in real estate in the city for at least six (6) scrape off their stickers and return remains to the months of each year. Proof of six (6) months' issuing office. residency, if property is not owned, shall be established by lease agreeme nts, rent receipts or POLICY NO. 2. PROCEDURE FOR ISSUANCE OF written lessor verification. PARKING PERMITS Lost or mutilated parking permits. In the (1) Ensure that applicants are residents event that the vehicle to which the permanent decal as defined in Policy No. 1. was issued has been sold or otherwise changed ownership and/or in the event a properly issued (2) Have applicant complete permanent parking decal i s mutilated and can be identified, such application form. decal will be replaced for a charge of ten dollars ($10.00) provided the holder can return an (3) Request proof of residency. Proof identifiable portion of the mutilated parking decal to established in accordance with Policy No. 1. the city. In the event the holder of a lost or mutilated parking pe rmit cannot provide an identifiable portion (4) Request separate vehicle registration for or part of such parking decal, the charge for a each parking permit to be issued. replacement decal will be the sum of twenty dollars ($20.00). Lost decals will not be replaced until after a (5) Residents leasing automobiles should thirty - day waiting period from the date the decal is provide contract documents establishing the lease re ported lost. agreement or arrangement or company car assignment. Definitions. (6) Issuing authority shall complete parking Resident: Anyone owning real estate and/or permit application by listing separate permit number s leasing, renting or occupying real estate or living opposite the make, model and year of each vehicle. accommodations within the City of Boynton Beach for a time period of at least six (6) consecutive (7) All parking permits shall be permanently months each calendar year, as well as members of affixed upon the lower, left - hand side (driver's side) their immediate family residing with them; provided, of the front windshield of such vehicle. Decals placed however, for purposes of this section, the term “City on a vehicle other than the one for which it w as of Boynton Beach” shall include all property within originally issued shall be construed to be void. the corporate limits of the Town Ocean Ridge. 2000 S - 14 Boynton Beach Code 10 (8) Parking permits issued to motorcycles, Class 2. A passenger vehicle designed for motor bikes, and motor scooters shall be displayed on the left front fork of such vehicle or other visible location in the area of the left front. POLICY NO. 3. TEMPORARY PARKING PERMITS Qualified nonresidents: Qualified nonresidents may obtain beach decals which permit parking on specified dates and times. The cost for such permit and the dates they are valid shall be as set forth herein: The permit fee for Qualified nonresidents shall be sixty dollars ($60.00) each, and shall be valid seven (7) days a week, from May 1 to November 15. PARKING FEES FOR MOTOR VEHICLES A daily parking fee is hereby established for al l motor vehicles parking at the public beach except those hereinafter excepted in accordance with the following rates and charges. Class 1. Automobiles, motor scooters, motor bikes, motorcycles: May 1 — November 15 November 16 — April 30 $ 4.76 $ 9 .52 Tax 0.24 Tax 0.48 $ 5.00 $10.00 Class 2. Buses, trucks and other motor vehicles not included or described in Class I hereof $9.52 Tax 0.48 $10.00 Vehicle definitions. Class 1. A passenger vehicle designe d for family pleasure. h e r t h a n f a m i l y p l e a s u r e . Exceptions: ( 1 ) V e h i c l e h a v i n g a f f i x e t h e r u l e s a n d r e g u l a t i o n s o f P o l i c i e s 1 a n d 2 . ( 2 ) O f a r k i n t h e p e r f o r m a n c e o f g o v e r n m e n t a l f u n c t i o n s . ( 3 ) r a d e s m e n , o r s a l e s m e n w h e n e n g a g e d i n o f f i c i a l p a r k b , c o l l e g e o r u n i v e r s i t y s t u d e n t s i n a g r o u p o r b o d y f i o n s h a l l n o t a p p l y t o v e h i c l e s t r a n s p o r t i n g s u c h g r o h o o l g r o u p s , a s m e n t i o n e d i n e x c e p t i o n ( 4 ) , m u s t m a k e p a r k s o r h i s d e s i g n e e b y s u b m i t t i n g a l e t t e r f r o m t h e o f t h e s c h o o l 2000 S - 14 Pa rks and Recreation 11 Parking permits will be available to all city Secs. 16 - 83 — 16 - 92. Reserved. residents as outlined in Policies 1 and 2. Vehicles not exhibiting the permit will be required to pay the parking fee in accordance with this policy. ARTICLE III. BOATS AND BOATING* PARKING AREAS FOR MOTOR VEHICLES *Cross reference - Parking of boats and boat traile rs, Ch. 20. (1) All motorcycles, motor bikes, and motor State law references - Regulation of boats scooters shall park in the designated areas on the generally, F.S. § 371.011 et seq.; local regulation, upper level of the parking area at the public beach. F.S. § 371.59. (2) The parking spaces in the upper level of the parking area at the public beach shall be used Sec. 16 - 93. Speed causing harmful wake. exclusi vely by automobiles. Additionally, only vehicles having affixed thereto a parking permit It shall be unlawful to operate any boat, vessel or issued in accordance with the rules and regulations of other watercraft upon any waterway or body of water Policies 1 and 2 may park in said upper level; within the corporate limits of the city at a rate of provided, however, that handicapped persons may speed which causes waves to damage docks, wharves, park in designate d spaces on the upper level without seawalls or boats moored or tied to a dock or wharf having a parking permit affixed to their vehicles. along such waterways. (Code 1958, § 4A - 1; Ord. No. 93 - 15, § 1, 6 - 15 - 93) (3) All other motor vehicles, including all vans, campers, trucks, buses and trailers shall park in the lower level spaces of the parking area at the public Sec. 16 - 93.1 . Boats, watercraft, personal beach. watercraft; speed restriction on C - 16 Canal (Pioneer PE NALTY FOR NONCOMPLIANCE WITH Park). RULES AND REGULATIONS (a) No person shall operate a motorboat or It shall be unlawful for any person to falsify personal watercraft as further defined by Florida information in the process of applying for a parking Statutes or permit a motorboat or personal watercraft permit, for any person to sell a parking permit, for to be operated in the C - 16 Canal idle speed no wake any person to transfer a parking permit to a zone at any speed greater than idle speed no wake. nonre sident, or for any person to fail to follow the The C - 16 Canal idle speed no wake zone is hereby rules and regulations pertaining to the use of the established to be all waters two hundred (200) feet parking facilities at the public beach. (Code 1958, § east and west of the boat launch area of the C - 16 19 - 38.1; Ord. No. 79 - 21, Art. I, 7 - 17 - 79; Ord. No. Canal ( Pioneer Park). 80 - 42, § 1, 10 - 21 - 80; Ord. No. 80 - 47, § 1, 12 - 16 - 80; Ord. No. 82 - 10, §§ 1, 2, 5 - 4 - 82; Ord. No. 82 - 23, § 1, (b) The C - 16 Canal idle speed no wake zone 8 - 3 - 82; Ord. No. 84 - 30, §§ 1, 2, 8 - 7 - 84; Ord. No. 86 - shall be marked on the canal with uniform waterway 6, § 1, 4 - 15 - 86; Ord. No. 86 - 32, § 1, 9 - 3 - 86; Ord. No. regulatory markers in accordance with applicable 89 - 33, § 1, 9 - 26 - 89; Ord. No. 89 - 37, § 1, 11 - 7 - 89; state and federal laws and regulations. Ord. No. 90 - 45, § 1, 9 - 18 - 90; Ord. No. 90 - 56, § 1, 12 - 4 - 90; Ord. No. 91 - 13, §§ 1, 2, 3 - 19 - 91; Ord. No. (c) A violation of any provision of this section 93 - 32, § 1, 9 - 7 - 93; Ord. No. 93 - 34, § 1, 9 - 21 - 93; shall be punished pursuant to Section 327.73, Florida Ord. No. 00 - 46, § 1, 9 - 6 - 00) Statutes. 2000 S - 14 Boynton Beach Code 12 Sec. 16 - 94. Mufflers required. It shall be unlawful to operate any watercraft with outboard motor or inboard motor not having properly muffled exhaust with in the city, in such manner as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, hotel, motel or any other type of residence, or of any person in the vicinity. (Code 1958, § 4A - 2) State law reference - Similar provis ions, F.S. § 371.56. Sec. 16 - 94.5. Mooring, docking, fueling or refueling of water craft prohibited. (a) No person shall at any park or beach fuel or refuel any water craft. For purposes of this section water craft shall include but is not limi ted to motorized boats and jet skis. Furthermore, as used in this section jet skis shall mean any personal water craft designed for riding enjoyment of person(s), being propelled by a jet pump with a fully enclosed impeller. (b) Anyone found to have vio lated any provision of this section shall be punished as provided for in this chapter or as otherwise provided by law. (Ord. No. 84 - 20, § 1, 4 - 17 - 84; Ord. No. 91 - 9, § 1, 2 - 19 - 91; Ord. No. 97 - 23, § 1, 7 - 1 - 97) Sec. 16 - 95. Enforcement. The police departme nt of the city is hereby given the power and duty of enforcing the provisions of this article and shall have the power to make lawful arrests for the violation of the provisions hereof; and to prosecute offenders. In case a violation is not committed n th e presence of a member of the police department or cannot be detected by observation of such member, he may require an affidavit of any complaining person with assurance that such complaining witness will appear to testify at the trial before making any ar rest. (Code 1958, § 4A - 3) 1998 S - 7