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14-011 is 1� ORDINANCE NO. 14 -011 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 15 OF THE CITY CODE OF ORDINANCES ENTITLED "OFFENSES - : f MISCELLANEOUS ", ARTICLE V, "AIRCRAFT LANDING REGULATIONS" BY CREATING A NEW SECTION 15 -72 ENTITLED "MODEL AIRCRAFT, FLYING DEVICES, AND HELICOPTERS PROHIBITED "; PROVIDING FOR 1 CODIFICATION, CONFLICTS, SEVERABILITY, AND A 111 EFFECTIVE DATE. 1 1 1 WHEREAS from time to time the City's staff reviews its Cod- of Ordinances to I determin- whether such ordinances may be made more efficient; an. WHE' . • S, City staff has reviewed Part II, Chapte 5 of the Code of Ordinances and determined that t' :.ractice of flying model aircra • , flying devises and helicopters over i 1 1)7 City owned land, streets, roa. canals and water - .:dies should be prohibited; and 118 WHEREAS, upon the rec. , mend, ion of staff, the City Commission deems it to be 49 in the best interest of the citizens a re- 'dents of the City to amend Part II, Chapter 15 of 1 X20 the Code of Ordinances such at the practice •f flying model aircraft, flying devises and t 1 helicopters over City ned land, streets, roads, anals and water - bodies should be ' ^ \\ F `/ 2 p \ 4 1 3 NO ■ THEREFORE, BE IT RESOLVED BY THE . TY COMMISSION 24 OF TH CITY OF BOYNTON BEACH, FLORIDA, AS FOLL • S: 25 26 Section 1. The foregoing "Whereas" clauses are hereby ratified a • confirmed a 27 •eing true and correct and are hereby made a part of this Ordinance. 1 : Section 2. Part II, Chapter 15, of the City Code of Ordinances "Offe • es ! j 29 Miscellaneous ", Article V, "Aircraft Landing Regulations ", creating a new Section 15 -74 1 30 "M odel aircraft, flying devices and helicopters prohibited" as follows: 31 \ \Apps3 Crtv Cbb\Auto \Data\214 \ltems\205\ 3040 \3908 \Ordinance_- Model_Aircraft Doc 1 1 . 11 Sec. 15 -72. Model aircraft, flying devices and helicopters prohibited. (a) It shall be unlawful for any person to launch. land. or operate any motor powered model aircraft, flying device or helicopter in or oN er the airspace of any City property. including city parks, city owned land, streets, roads, canals, water- bodies, or rights of w (b) It shall be unlawful for any owner or lessee of real property located wit the City of Boynton Beach to permit any motor powered model aircraft, flying dev• e or helicopter to launch, land, or operate in. on, or over real property within the itv jurisdictional boundaries. 1: (c) Violations of this section are enforceable and subject to penaltie as provided in Section 11 15 -10.7 of this code. 1131 Section 3. City Staff is authorized to take all tees necessary to effectuate the 14 intent .f this ordinance. 5 Se on 4. It is the intention of the Cit ommission of the City of Boynton Beach 11$ that the provis sns of this Ordinance shall ecome and be made a part of the Code of Ordinances of the of Boynton Beac , Florida. The Sections of this Ordinance may be : renumbered, re lettered an the wore 'Ordinance" may be changed to "Section ", "Article" or ^/ : such other word or phrase in ore • to accomplish such intention. W � 4 Section 5. All • dinance or parts of Ordinances, Resolutions or parts of 1 Resolutions in conflict , erewith be and like same are hereby repealed to the extent of such ►•2 conflict. ` r 3 Section ; . If any clause, section, or o er part or application of this Ordinance 1.4 shall be he by any court of competent jurisdiction t be unconstitutional or invalid, such 5 unconsf utional or invalid part or application shall be con • ered as eliminated and so not 6 affe• ing the validity of the remaining portions or applications remaining in full force and 7 effect. 8 Section 7. This Ordinance shall become effective upon adoption. g \ \Apps3 City Cbb \Auto \Data\214 \ltems\205\3040 \3908 \Ordinance_- _Model_Aircraft Doc 2 it 1 FIRST READING THIS 17 DAY OF JUNE, 2014. 2 3 SECOND, FINAL READING AND PASSAGE this d of 4 2014. / 5 6 CITY OF BOYNTON *ACH, FLORIDA 7 8 9 10 Mayor — JerrI'aylor 11 12 13 14 , Vick Mayor —Joe Casello 15 16 \ 17 N , '\ 18 7 Commissioner — David T. Merker 19 �D 20 21 22 Commissi c er — Mack McCray 23 ,/ 24 i , 251 26 I Commissioner — MI ael M. Fitzpatrick 27 ATTEST: /f 28 ti 29 F' i 3011 31 32 Jane . Prainito, MMC 33 Ci Clerk 34 ' 35 36 371 381 (Corporate Seal) I l I ` \ \Apps3 Cit} Cbb\Auto \Data\214 \ltems\205 \3040 \3908 \Ordmance - Model Aircraft Doc 3 i I