15-021 1
2 ORDINANCE NO. 15 -021
3
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
51 AMENDING PART II, CODE OF ORDINANCES, CHAPTER 16,
6 "PARKS AND RECREATION" PROVIDNG CLARITY AND
7 ELIMINATING UNNECESSARY LANGUAGE AND INCREASING
8 ! BEACH PARKING PERMITS; PROVIDING FOR CONFLICTS,
9 I SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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11 WHEREAS, City staff has been reviewing existing code language to assure that the
12 Parks and Recreation Chapter is clear and consistent throughout the Code of Ordinances; and
131 WHEREAS, the resulting clean-up effort will facilitate greater consistency and
14 ' understanding of the Chapter; and
15 WHEREAS, Boynton Beach Oceanfront Park is one of the City's most popular and
16 busiest parks and staff; and
17 WHEREAS, staff is recommending increasing annual resident beach parking permit
18 fees, non - resident parking permit fees and daily fees on holidays and weekends while
19 changing the permits from seasonal to annual; and
20 j WHEREAS, the City Commission deems it to be in the best interest of the citizens
21 and residents of the City to amend Chapter 16 of the City's Code of Ordinances as
22 hereinafter referenced.
23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, THAT:
25 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
26' herein by this reference.
27 ° Section 2. Chapter 16, "Parks and Recreation" of the City' s Code of Ordinances
28 is hereby amended by adding the words and figures in underlined type and by deleting the
29 words and figures in struck - through type, as follows:
30 ARTICLE I. IN GENERAL
31 Sec. 16 -1. Board created; appointment, terms, qualifications.
32 ! There is hereby established a recreation and parks board, hereinafter referred to as
33 "board," which board shall consist of seven (7) members. The city Commissionshall appoint
34 ; the members of said board. Two (2) members shall serve for a term of one (1) year from the
35 ' date of appointment; three (3) members shall serve for a term of two (2) years from the date
36 of appointment; two (2) members shall serve for a term of three (3) years from the date of
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37 appointment. Vacancies created after expiration of these terms shall be filled by
38 appointments for three -year terms. Members of the board shall be residents and electors of
39 the city.
40 Sec. 16 - 2. Removal of board members; vacancies.
41 ! Members of the board may be removed by a majority vote of the total members of the city
42 Commission. Vacancies on the board shall be filled by the city Commission.
43 Sec. 16 - 3. Chair and Vice - Chair of board.
44 ± The City Commission will appoint a Chair and Vice Chair of the Board. The appointments
45 will by motion of the Commission. The Chair and Vice Chair will hold their respective
46 j appointments until the Commission appoints a successor Chair or Vice Chair. .
47 Sec. 16 - 4. Meetings of board.
48 (a) In the performance of their duties set forth in this article, the board shall hold at
49 i least one regular meeting each month.. Special meetings may be called by the board chair or
50 3 the recreation and parks department upon prior notification.
51 s (b) Minutes shall be kept during all meetings.
52 (c) The recreation and parks department shall prepare an agenda for each meeting and
53 shall contact the chair of the board regarding the agenda.
54 (d) Four (4) members in attendance shall constitute a quorum before an official meeting
55 is declared in session.
56 + Sec. 16 - 5. Powers and duties of board.
57 ; Subject to the control and direction of the city Commission, the board:
58 (a) Shall act in an advisory capacity (non - administrative) to the recreation and parks
59 department, to assure representation of ideas of citizens who are interested in promoting
60 better recreation and park facilities and programs for the city. Such advice shall include but
61 " not be limited to site locations, development, supervision and maintenance of public
62 ? recreation and parks of the city.
63 ' (b) May acquire by gift or donation, any property for public recreation or park
64 purposes. Any gifts or donations acquired shall go through the recreation and parks
65 ° department and shall become the property of the city, and title of any real property so
66 acquired shall be taken in the name of the city.
67 (c) Shall make recommendations to the city manager and city Commission, through the
68 recreation and parks director, concerning the purchase of property by the city for public
69 recreation and park purposes, concerning the establishment, maintenance, and supervision of
70 public recreation and parks, and concerning expenditures of the recreational and park fund
71 hereinafter established.
72 Shall keep records and accounts of all the activities of the board and make reports
73 ! through the recreation and parks department to the city Commission and city manager
74 ` whenever requested to do so.
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75 (e) . - .. . . , - -- • - 77; .. .. ,• ... • .. - :., ... -.. : , ., - . -
78 ... ' ., .... . • • - . , - -
79 (f) In exercising their powers and performing their duties as specified in this article, the
80 board shall act through a majority of its members and the chair of the board is requested to
81 sign all papers and documents requiring the signature of the recreation and park board. •
82 - . •. .. ..
83 j ..:' .. .... - • ... .: ..
•:-: -..-:. •85 ...._ .. ., ...
86 { . •: .., ..... - .... •• . :•:
87 - . . . - - - ... - ., .
88 . ....•.
89 ... • • ••• .., .. -
90 ..... ., - ., ....
91 Sec. 16 - 7. Use of portion of Boynton Canal and abutting property prohibited.
92 i All fishing, swimming, diving, trespassing, parking or loitering in or about that certain
93 portion of the Boynton Canal and abutting property owned by the South Florida Water
94 i Management District, lying east of the easterly right -of -way line of U.S. Highway No. 1
95 (State Road No. 5), more particularly described hereafter is hereby declared dangerous, a
96 trespass, and a general public nuisance and such actions by any person are hereby prohibited.
97 Commence at the intersection of the easterly right -of- way line of U.S. Highway No. 1
98 and the northerly right -of -way line of the Boynton Canal; thence proceed easterly along the
99 northerly right -of -way line of the Boynton Canal to the southwest corner of Lot 62, Coquina
100 Cove, Plat Book 24, Page 14, public records of Palm Beach County, Florida; thence proceed
101 ; southeasterly across the right -of -way line of the Boynton Canal to the northwest corner of
102 Lot 41, Harbor Estates, Plat Book 21, Page 98, public records of Palm Beach County,
103 Florida; thence proceed westerly along the south right -of -way line of the Boynton Canal to
104 r its point of intersection with the easterly right -of -way line of U.S. Highway No. 1; thence
105 j proceed northerly along the easterly right -of -way line of U.S. Highway No. 1 to the point of
106 i beginning.
107 Secs. 16- 8- 16 -17. Reserved.
108 ARTICLE II. CITY PARKS AND BEACHES
109 DIVISION 1. GENERALLY
110 j Sec. 16 Definitions.
111 As used in this article:
112 Director means the recreation and parks director of the city.
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113 Park means land owned by the City, and intended for current or future active or passive
114 recreation. Vehicle means any wheeled conveyance, whether motor powered, animal -
115 drawn, or self - propelled. The term shall include any trailer in tow of any size, kind or
116 description. Exception is made for baby carriages and vehicles in the service of the city
117 parks.
118 Sec. 16 -19. Hours and activity fees.
119 The director shall establish hours that the park or beach shall be open for public use as
120 may be deemed reasonable and such opening and closing time shall be posted for public
121 information.
122 The City Commission may by resolution establish activity fees for specific activities within
123 any City developed or undeveloped park.
124 Sec. 16 -20. Interference with permittees.
125 No person at any beach or park shall disturb or interfere unreasonably with any person or
126 party occupying any area or participating in any activity under the authority of a permit.
127 Sec. 16 -21. Showing of permits upon request.
128 Every person at a beach or park shall produce and exhibit any permit from the director he
129 claims to have, upon request of any authorized person who shall desire to inspect the same
130 for the purpose of enforcing compliance with any ordinance or rule.
131 Sec. 16 -22. Enforcement of regulations.
132 (a) The director and park or beach attendants shall, in connection with their duties
133 imposed by law, diligently enforce the provisions of this article. The director and any park
134 attendant shall have the authority to eject from the park or beach any person acting in
135 violation of this article, and shall have the authority to seize and confiscate any property,
136 thing or device in the park or beach used in violation of this article. Administrative authority
137 is hereby granted to the City Manager and /or his or her designee to designate and post
138 specific areas in city parks as "Quiet Zones."
139 (b) Penalties for violation of this section shall be pursuant to the City Code of
140 Ordinances Chapter 1, General Provisions, Article 1, Section 1-6.
141 Sec. 16 -23. Permit required to erect structure or run utility.
142 It shall be unlawful for any person to construct or erect any building or structure of
143 whatever kind, whether permanent or temporary in character, or run or string any public
144 service utility into, upon or across any beach or park, except on special written permit issued
145 hereunder.
146 Sec. 16 -24. Removal of sand or soil, shrubs, trees, etc.
147 It shall be unlawful for any person to dig or remove any beach sand, whether submerged
148 or not, or any soil, rock, stones, trees, shrubs or plants, down- timber or other wood or
149 materials, or make any excavation by tool, equipment, blasting or other means or agency
150 upon any beach or park within the city.
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151 Sec. 16-25. Damaging trees, plants, grass.
152 It shall be unlawful for any person to damage, cut, carve, or transplant any tree or plant or
153 I injure the bark, or pick the flowers or seeds of any tree or plant in any beach or park. Nor
154 shall any person attach any rope, wire or other contrivance to any tree or plant. No person
155 < shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural
156 beauty or usefulness of any beach or park.
157 Sec. 16 - 26. Pollution of waters.
158 It shall be unlawful for any person to throw, discharge or otherwise place or cause to be
159 placed in the waters of any fountain, pond, lake, stream, bay or other body of water in or
160 ` adjacent to any park or beach, or tributary stream, storm sewer or drain flowing into such
161 waters, any substance, matter or thing, liquid or solid, which will or may result in the
162 pollution of said waters.
163 Sec. 16 - 27. Structures to afford open view; guy wires, braces prohibited.
164 It shall be unlawful for any person to erect, maintain, use or occupy on or in any beach or
165 ' bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed
166 ° view into said tent, shelter or structure from at least two (2) sides; nor shall any guy wire,
167 rope or extension or exterior brace or support be connected or fastened from any such
168 structure to any other structure, stake, rock or other object outside thereof.
169 ! Sec. 16 Bounce houses.
170 The use of "bounce houses" and other inflatable playground equipment is prohibited at
171 city -owned property unless the company operating the equipment has received prior approval
172 from the city's Recreation and Parks Director, or their designee, to operate such equipment.
173 The notice of approval shall be posted at the location the equipment is installed during the
174 ': time that the equipment is being operated in order to allow the appropriate city representative
175 to verify that the operator received prior approval from the city. Any equipment installed on
176 city -owned property without prior approval shall be immediately deflated and/or
177 ` disconnected by the authorized city representative. The provisions of this section shall be
178 j enforced by the city's code enforcement officers, as well as the city's law enforcement
179 officers. Regulations regarding the placement, use, insurance, and supervision requirements
180 ! shall be developed and published by the city's Recreation and Parks Department.
181 Secs. 16 29 16 - 37. Reserved.
182 ! DIVISION 2. CONDUCT REGULATED
183 Sec. 16 - 38. Alcoholic beverages permitted only at designated places; sale; drunkenness.
184 No person shall drink nor possess alcoholic beverages at any time at any beach or park
185 except at specifically designated recreation centers pursuant to a Facility /Field Use
186 Application, , or at a beach or park pursuant to a Special Event Permit issued by the city. The
187 sale or possession of alcoholic beverages by a concessionaire, or pursuant to a Special Event
188 Permit or a Facility /Field Use Application, will be subject to the strict regulation and control
189 of the director. Sales of alcoholic beverages shall be served for consumption on the
190 immediate premises. No person shall become drunk or be under the influence of intoxicating
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191 beverages. The City Commission may approve of certain holidays whereby the prohibition
192 on consuming or possessing alcohol at the beach or a park is waived.
193 ' Sec. 16 Animals prohibited.
194 No person shall have, or be permitted to have, any dog or other domestic animals on any
195 designated beach or park area at any time whether muzzled, leashed or not except as
196 , authorized in Section 4 -33. Animals used by law enforcement or service animals, trained to
197 aid persons with disabilities, shall be exempt from this section.
198 Sec. 16 Fireworks or explosives.
199 No person at any park or beach shall bring in or have in his possession, or set off or
200 otherwise cause to explode or discharge or burn, any firecracker, torpedo, rocket or other
201 ! fireworks or explosives or inflammable materials, or discharge them or throw them into any
202 `. such area from land or highway adjacent thereto. This prohibition includes any substance,
203 compound, mixture or article that in conjunction with any other substance or compound
204 would be dangerous from any of the foregoing standpoints.
205 This section shall not prohibit fireworks displays where permitted under the provisions of
206 section 15 -5.
207 Sec. 16 - 41. Use of facilities provided for opposite sex.
208 No person at any park or beach shall occupy any seat or bench, or enter into or loiter or
209 remain in any pavilion or other park structure or section thereof which may be reserved and
210 designated by the director for the use of the opposite sex. Exception is made for children
211 j under four (4) years of age.
212 Sec. 16 - 42. Soliciting prohibited.
213 It shall be unlawful at any beach or park for any person to solicit alms or contributions for
214 any public or private purpose.
215
216
217 Sec. 16 - 43. Fires, permitted only in designated areas; dropping inflammable material.
218 ` No person shall build or attempt to build a fire except in such areas and under such
219 regulations as may be designated by the director. No person shall drop, throw or otherwise
220 scatter lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable
221 t material, within any park area or on any highway, road or street abutting or contiguous
222 thereto.
223 = Sec. 16 Gambling.
224 Gambling, or the participation therein or the abetting thereof, is prohibited at any beach or
225 park.
226 Sec. 16 -45. Entering, using closed area.
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227 No person shall enter an area on a beach or park posted as "Closed to the Public" nor shall
228 any person use or abut the use of any area in violation of posted notices.
229 Sec. 16 - 46. Sleeping, lounging; disorderly conduct generally.
230 No person shall at any beach or park sleep or protractedly lounge on the seats or benches
231 or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent
232 language, or engage in any disorderly conduct or behavior tending to a breach of the public
233 peace.
234 Sec. 16 - 47. Cooperation in keeping rest rooms clean.
235 It shall be unlawful for any person to fail to cooperate in maintaining rest rooms and
236 washrooms in a neat and sanitary condition.
237 Sec. 16 Climbing trees; standing or sitting on fixtures.
238 It shall be unlawful for any person to climb any tree, or walk, stand or sit upon
239 monuments, vases, fountains, railings, fences or gun carriages or upon any other property on
240 any beach or park which is not designated or customarily used for such purposes.
241 Sec. 16 Refuse and trash.
242 It shall be unlawful for any person to bring in or dump, deposit or leave any bottles,
243 broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash
244 ' on any beach or park. No such refuse or trash shall be placed in any waters in or contiguous
245 to any park or beach, or left anywhere on the grounds thereof, but shall be placed in the
246 proper receptacles where these are provided. Where receptacles are not provided, all such
247 ' rubbish or waste shall be carried away from the park or beach by the person responsible for
248 its presence and properly disposed of elsewhere.
249 Sec. 16 - 50. Swimmers to conform to regulations.
250 It shall be unlawful for any person in a park or beach to swim, bathe, or wade in any
251 waters or waterways in or adjacent to any park or beach, except in such waters and at such
252 places and during such hours as are provided therefor, and in compliance with such
253 regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent
254 any waters or places customarily designated for the purpose of swimming or bathing, or
255 i congregate thereat when such activity is prohibited by the director upon a finding that such
256 use of the water would be dangerous or otherwise inadvisable.
257 Sec. 16 -51. Undeveloped park sites are not open for recreational use unless the use,
258 ! and the portion of the site where it may occur, is specifically posted.
259 Sec. 16 - 52. Dressing and undressing.
260 No person shall dress or undress on any beach or in any vehicle, toilet or other place
261 except in such bathing houses or structures as may be provided for that purpose.
262 Sec. 16 Hunting; weapons; shooting.
263 It shall be unlawful for any person to hunt, trap or pursue wildlife at any time on any
264 beach or park; nor shall any person use, carry or possess air -rifles, spring -guns, bow and
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265 arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous
266 to human safety, excluding firearms, or any instrument that can be loaded with and fire blank
267 cartridges, or any kind of trapping device.
268 Sec. 16 - 54. Place for picnics; regulation authorized.
269 It shall be unlawful for any person to picnic or lunch on any beach or park in a place other
270 than those designated for that purpose. Attendants shall have the authority to regulate the
271 activities in such areas when necessary to prevent congestion and to secure the maximum use
272 for the comfort and convenience of all. Visitors shall comply with any directions given to
273 achieve this end.
274 Sec. 16 - 55. Use of fireplaces and picnic areas.
275 The use of the individual fireplaces together with tables and benches follows generally the
276 rule of "first come, first served."
277 No person shall use any portion of the picnic areas or of any of the buildings or structures
278 therein for the purpose of holding picnics to the exclusion of other persons, nor shall any
279 person use such area and facilities for an unreasonable time if the facilities are crowded.
280 Sec. 16 - 56. Duties when leaving picnic area.
281 No person shall leave a picnic area before the fire is completely extinguished and before
282 all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the
283 disposal receptacles where provided. If no such trash receptacles are available, then refuse
284 and trash shall be carried away from the park area by the picnicker to be properly disposed of
285 elsewhere.
286 Sec. 16 Camping.
287 No person shall camp in any park in other than permanent cabins for organized camping,
288 provided by the director and used by groups of persons under adequate supervision. No
289 person shall set up tents, shacks or any other temporary shelter for the purpose of overnight
290 camping, nor shall any person leave in a park after closing hours any movable structure or
291 special vehicle to be used or that could be used for such purpose, such as a house trailer,
292 camp trailer, camper, camp wagon or the like.
293 Sec. 16 - 58. Games allowed only in designated areas.
294 No person shall take part in or abet the playing of any games involving thrown or other
295 propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set
296 apart for such forms of recreation. The playing of rough or comparatively dangerous games
297 such as football, baseball and quoits is prohibited except on the fields and courts or areas
298 provided therefor. Roller skating shall be confined to those areas specifically designated for
299 such pastime.
300 Sec. 16 - 59. Overnight boat docking prohibited.
301 It shall be unlawful for any persons to camp overnight on the grounds of Harvey E. Oyer,
302 Jr. Park or to dock their boats on the shorelines or ramp area of said Harvey E. Oyer, Jr. Park
303 either overnight or on a permanent docking basis.
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304 Sec. 16-60. Establishing hours of use at Harvey E. Oyer, Jr. Park.
305 (a) The Harvey E. Oyer, Jr. Park shall be closed at 10:00 p.m. to all persons, except:
306 (1) Fishermen;
307 (2) Boaters actively engaged in fishing or boating or preparation thereof; and
308 (3) Official permit holders utilizing the boat club building.
309 (b) It shall be unlawful for anyone, except the enumerated persons, to enter the Park
310 between the hours of 10:00 p.m. and dawn of the next day.
311 (c) The Harvey E. Oyer, Jr. Park shall not be used for storage of any kind, including but
312 not limited to, storage of vessels, vehicles and trailers.
313 ' (d) No tether, lock or other personal property shall be permanently attached to any
314 fixtures, trees or other objects on the Harvey E. Oyer, Jr. Park premises.
315 (e) Any decal holder actively engaged in fishing, boating or preparation thereof for a
316 period of three (3) days or more shall notify the City in writing in advance. The City shall tag
317 the trailer and/or vehicle of any such decal holder as an "Extended Stay" vehicle. Any
318 vehicle or trailer that remains in the Park for three (3) days or more without prior permission
319 from the City shall be removed, towed or otherwise disposed of at the owner's expense.
320 (f) Vehicles without a trailer may only park in areas designated for single vehicles.
321 Sec. 16 - 61. Boat launching and trailer parking user fee at the Harvey E. Oyer, Jr. Park.
322 1 (a) The purpose of this section is to establish an annual and daily boat launching and
323 trailer parking user fee for the Harvey E. Oyer, Jr. Park, and to establish rules and regulations
324 related to the use of the Park.
325 I (b) The City shall charge a fifty dollar ($50.00) annual decal fee. On weekends and
326 i holidays, those who do not have an annual decal may pay a ten dollar ($10.00) daily fee.
327 ; There is no daily fee for non -decal holders during the weekdays (Monday through Friday).
328 (c) The City shall not differentiate between residents and non - residents of the County or
329 the State while processing decal applications.
330 (d) (1) Decals will be issued to an applicant on an annual basis, October 1 to
331 September 30, upon satisfactory completion of appropriate application forms, commencing
332 ? October 1, 2001. All decals shall be permanently affixed on the passenger side of the trailer
333 (on a conspicuous part of the winch post; alternately the tongue, as close as possible to the
334 ; ball). Decals placed on a trailer other than the one for which it was originally issued shall be
335 ° construed to be void.
336 (2) In the event that the trailer to which the permanent decal was issued has been
337 sold or otherwise changed ownership and/or in the event a properly issued decal is mutilated
338 and can be identified, the decal will be replaced for a charge of twenty -five dollars ($25.00),
339 provided the holder can return an identifiable portion of the mutilated decal to the city. In the
340 event the holder of a lost or mutilated decal cannot provide an identifiable portion or part of
341 the decal, the charge for a replacement decal will be the sum of fifty dollars ($50.00).
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342 (e) Boats, vessels and trailers that do not have a lawfully issued decal shall be subject to
343 a twenty -five dollar ($25.00) fine.
344 Sec. 16 Enforcement.
345 The City Police Department is hereby given the power and duty to enforce this article, and
346 shall have the power to make lawful arrests for the violation of the provisions hereof. Anyone
347 found to have violated any provision of this section shall be punished as provided for in this
348 chapter or as otherwise provided by law.
349 Secs. 16-63---16-68. Reserved.
350 DIVISION 3. TRAFFIC AND PARKING REGULATIONS
351 Sec. 16 -69. Compliance required.
352 It shall be unlawful for any person at any beach or park to fail to comply with all
353 applicable provisions of the state motor vehicle traffic laws in regard to equipment and
354 operation of vehicles together with such regulations as are contained in this Code.
355 Sec. 16 - 70. Authority to direct traffic; obedience required.
356 It shall be unlawful for any person to fail to obey all traffic officers and park or beach
357 employees, such persons being hereby authorized and instructed to direct traffic whenever
358 and wherever needed in the parks and on the highways, streets or roads immediately adjacent
359 thereto in accordance with the provisions of these regulations and such supplementary
360 regulations as may be issued subsequently by the director.
361 Sec. 16 - 71. Observance of traffic signs.
362 It shall be unlawful for any person on any beach or park to fail to observe carefully all
363 traffic signs indicating speed, direction, caution, stopping or parking, and all others posted
364 for proper control and to safeguard life and property.
365 Sec. 16 - 72. Speed limit.
366 It shall be unlawful for any person on any beach or park to ride or drive a vehicle at a rate
367 of speed exceeding ten (10) miles an hour, except upon such roads as the director may
368 designate by posted signs for speedier travel.
369 Sec. 16 - 73. Driving in prohibited areas.
370 It shall be unlawful for any person to drive a vehicle on any beach or park area except
371 upon paved roads or parking areas or such areas as may be designated as temporary parking
372 areas by the director.
373 Sec. 16 - 74. Parking to be in parking areas; obedience to regulations.
374 It shall be unlawful for any person to park a vehicle on any beach or park in other than an
375 established or designated parking area and such use shall be in accordance with the posted
376 directions thereat and with the instructions of any attendant who may be present.
377 Sec. 16 - 75. Night parking.
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378 It shall be unlawful for any person to leave a vehicle standing or parked at night on any
379 beach or park without lights clearly visible for at least seventy -five (75) feet from both front
380 and rear on any driveway or road area except in legally established parking areas.
381 Sec. 16 -76. Notice of vehicle breakdown.
382 It shall be unlawful for any person to fail to immediately notify an attendant of a vehicle
383 breakdown on any beach or park requiring assistance of a tow truck, mechanic or any person.
384 Sec. 16 - 77. Double parking.
385 It shall be unlawful for any person to double park any vehicle on any road or parkway on
386 any beach or park unless directed by a park official.
387 Sec. 16 - 78. Where bicycles permitted.
388 It shall be unlawful for any person to ride a bicycle in any beach or park on other than a
389 paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to
390 wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area
391 reserved for pedestrian use.
392 Sec. 16 - 79. Bicycles to keep to right, single file; manner of riding generally.
393 All persons riding bicycles in any beach or park shall ride such bicycles on the right -hand
394 side of the road paving as close as conditions permit, and bicycles shall be kept in single file
395 when two (2) or more are operating as a group. Bicyclists shall at all times operate their
396 machines with reasonable regard to the safety of others, signal all turns, pass to the right of
397 any vehicle they are overtaking and pass to the right of any vehicles they may be meeting.
398 Sec. 16 - 80. Passengers on bicycles; manner of parking or leaving.
399 It shall be unlawful for any person on any beach or park to ride any other person on a
400 bicycle, or to leave a bicycle in a place other than a bicycle rack when such is provided and
401 there is a space available, or to leave a bicycle lying on the ground or paving, so set against
402 trees, or in any place or position where other persons may trip over or be injured by them.
403 Sec. 16 - 81. Headlights, reflectors on bicycles.
404 It shall be unlawful for any person, on any beach or park to ride a bicycle on any road
405 between thirty (30) minutes after sunset or before thirty (30) minutes before sunrise without
406 an attached headlight plainly visible at least five hundred (500) feet in front of the bicycle,
407 and without a red tail light or red reflector plainly visible from at least six hundred (600) feet
408 from the rear of such bicycle.
409 Sec. 16 -82. Rules, regulations controlling parking of vehicles at municipal beach
410 property located within the Town of Ocean Ridge.
411 The city manager is hereby directed to implement subject procedures at the earliest
412 possible date. (Said regulations are set out below.)
413 POLICY NO. 1. PARKING PERMITS
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414 Parking permits will be issued on an annual basis (October 1 through September 30) each
415 year to residents (see "Definitions ") of the City of Boynton Beach, for a charge of forty
416 fifty dollars ($50) for each decal issued to a resident vehicle, upon
417 satisfactory completion of appropriate application forms. Applicants will be required to
418 establish proof of residency in the City of Boynton Beach (see "Definitions ") and to present
419 their official state motor vehicle tag registration certificate for each decal purchased.
420 ' Lost or mutilated parking permits. In the event that the vehicle to which the permanent
421 decal was issued has been sold or otherwise changed ownership and/or in the event a
422 , properly issued parking decal is mutilated and can be identified, such decal will be replaced
423 ' for a charge of fifteen dollars ($15), provided the holder can return
424 an identifiable portion of the mutilated parking decal to the city. In the event the holder of a
425 lost or mutilated parking permit cannot provide an identifiable portion or part of such parking
426 decal, the charge for a replacement decal will be the sum of fifty
427 dollars ($50).
428 Qualified nonresidents: Qualified nonresidents may obtain beach decals that permit
429 i parking annually. The cost for such permit
430 valid-shall-be-as set forth herein:
431 The permit fee for qualified nonresidents shall be ninety dol ars (-$ 00 ` two hundred
432 dollars ($200.00) each., :.- : . ... - . .
4331
434 Definitions.
435 City employees: All city employees, classified, nonclassified and retired, regardless of
436 residency, shall be eligible to purchase one (1) parking permit. Proof of employment shall be
437 established through the personnel department of the city. Persons who terminate (not retired)
438 their employment with the city and who are not city residents shall be required to scrape off
439 their stickers and return remains to the issuing office.
440 Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or
441 living accommodations within the City of Boynton Beach for a time period of at least six (6)
442 consecutive months each calendar year, as well as members of their immediate family
443 ; residing with them; provided, however, for purposes of this section, the term "City of
444 Boynton Beach" shall include all property within the corporate limits of the Town of Ocean
445 Ridge. Proof of residency shall be established by some suitable means, such as utility bill, tax
446 ' bill, property deed or lease agreement.
447 Qualified nonresident: Anyone who is not a resident but who resides in the agricultural
448 reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal
449 i No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by the
450 ; Loxahatchee National Wildlife Refuge.
451 POLICY NO. 2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS
452 ! (1) Ensure that applicants are residents as defined in Policy No. 1.
453 (2) Request proof of residency. Proof established in accordance with Policy No. 1.
454 (3) Request separate vehicle registration for each parking permit to be issued.
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455 (4) Residents leasing automobiles should provide contract documents establishing the
456 lease agreement or arrangement or company car assignment.
457 i (5) Issuing authority shall complete parking permit application by listing separate
458 permit numbers opposite the make, model and year of each vehicle.
459 ' (6) All parking permits shall be permanently affixed upon the lower, left -hand side
460 (driver's side) of the front windshield of such vehicle. Decals placed on a vehicle other than
461 the one for which it was originally issued shall be construed to be void.
462 ' (7) Parking permits issued to motorcycles, motor bikes, and motor scooters shall be
463 displayed on the left front fork of such vehicle or other visible location in the area of the left
464 front.
465 PARKING FEES FOR MOTOR VEHICLES
466 A daily parking fee is hereby established for all motor vehicles parking at the public
467 beach, except those hereinafter excepted, in accordance with the following rates and charges.
468 May 1-November 15
469 Weekdays (Monday - Friday) $5.00
470 Weekends (Saturday & Sunday) and Holidays $10.00
471 November 16 —April 30 $10.00
472 $ 5.00 $10.00
473 Exceptions:
474 (1) Vehicle having affixed thereto a parking permit issued in accordance with the
475 rules and regulations of Policies 1 and 2.
476 (2) Official state, county and city vehicles entering the park in the performance of
477 governmental functions.
478 (3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when
479 engaged in official park business.
480 (4) School buses transporting Florida school, college or university students in a group
481 or body for a field trip for educational purposes. This exception shall not apply to vehicles
482 transporting such groups to the park for recreational purposes.
483 ! Florida school groups, as mentioned in exception (4), must make prearrangements
484 with the director of recreation and parks, or his designee, by submitting a letter from the
485 school principal certifying that the trip is a part of the school curriculum.
486 Parking permits will be available to all city residents as outlined in Policies 1 and 2.
487 Vehicles not exhibiting the permit will be required to pay the parking fee in accordance with
488 this policy.
489 PARKING AREAS FOR MOTOR VEHICLES
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490 Trucks, buses and trailers shall park in the lower level spaces of the parking area at the
491 public beach.
492 PENALTY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS
493 It shall be unlawful for any person to falsify information in the process of applying for a
494 parking permit, for any person to sell a parking permit, for any person to transfer a parking
495 permit to a nonresident, or for any person to fail to follow the rules and regulations pertaining
496 to the use of the parking facilities at the public beach.
497 Secs. 16- 83- 16 -92. Reserved.
498 ARTICLE III. BOATS AND BOATING
499 Sec. 16 -93. Speed causing harmful wake.
500 It shall be unlawful to operate any boat, vessel or other watercraft upon any waterway or
501 body of water within the corporate limits of the city at a rate of speed which causes waves to
502 damage docks, wharves, seawalls or boats moored or tied to a dock or wharf along such
503 waterways.
504 It shall be unlawful to operate any boat, vessel or other watercraft upon any waterway or
505 body of water within the corporate limits of the city at a rate of speed which causes waves to
506 damage docks, wharves, seawalls or boats moored or tied to a dock or wharf along such
507 waterways.
508 Sec. 16 -93.1. Boats, watercraft, personal watercraft; speed restriction on C -16 Canal
509 (Pioneer Park).
510 (a) No person shall operate a motorboat or personal watercraft as further defined by
511 Florida Statutes or permit a motorboat or personal watercraft to be operated in the C -16
512 Canal idle speed no wake zone at any speed greater than idle speed no wake. The C -16 Canal
513 idle speed no wake zone is hereby established to be all waters two hundred (200) feet east
514 and west of the boat launch area of the C -16 Canal (Pioneer Park).
515 (b) The C -16 Canal idle speed no wake zone shall be marked on the canal with uniform
516 waterway regulatory markers in accordance with applicable state and federal laws and
517 regulations.
518 (c) A violation of any provision of this section shall be punished pursuant to Section
519 327.73, Florida Statutes.
520 Sec. 16 - 94. Mufflers required.
521 It shall be unlawful to operate any watercraft with outboard motor or inboard motor not
522 having properly muffled exhaust within the city, in such manner as to annoy or disturb the
523 quiet, comfort or repose of any person or persons in any dwelling, hotel, motel or any other
524 type of residence, or of any person in the vicinity.
525 Sec. 16 - 94.5. Mooring, docking, fueling or refueling of water craft prohibited.
526 (a) No person shall at any park or beach fuel or refuel any water craft. For purposes of
527 this section water craft shall include but is not limited to motorized boats and jet skis.
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528 Furthermore, as used in this section jet skis shall mean any personal water craft designed for
529 riding enjoyment of person(s), being propelled by a jet pump with a fully enclosed impeller.
530 (b) Anyone found to have violated any provision of this section shall be punished as
531 provided for in this chapter or as otherwise provided by law.
532 Sec. 16 - 95. Enforcement.
533 The police department of the city is hereby given the power and duty of enforcing the
534 provisions of this article and shall have the power to make lawful arrests for the violation of
535 the provisions hereof; and to prosecute offenders. In case a violation is not committed in the
536 presence of a member of the police department or cannot be detected by observation of such
537 member, he may require an affidavit of any complaining person with assurance that such
538 complaining witness will appear to testify at the trial before making any arrest.
539
540
541 Section 3. Each and every other provision of the Code of Ordinances of the City
542 of Boynton Beach not herein specifically amended shall remain in full force and effect as
543 previously enacted.
544 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
545 same are hereby repealed.
546 Section 5. Should any section or provision of this ordinance or portion hereof,
547 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
548 invalid, such decision shall not affect the remainder of this ordinance.
549 Section 6. Authority is hereby granted to codify said ordinance.
550 Section 7. This ordinance shall become effective immediately upon passage.
551 FIRST READING this 18 day of August, 2015.
552
risk-
553 SECOND, FINAL READING AND PASSAGE this 3 day of _Sept,
554 2015.
555
556 CITY OF BOYNTON BEACH, FLORIDA
557
558 YES NO
559
560 Mayor — Jerry Taylor
561 (./ 562 Vice Mayor — Joe Casello
563
564 Commissioner — David T. Merker ✓
565
566 Commissioner — Mack McCray ✓
567
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568 Commissioner — Michael M. Fitzpatrick ✓
569
570
571 VOTE 11-o
572
573 ATTEST:
574
575
576 lea W) • ii.a—Lik.t.t1)
577 Jan. t M. Prainito, MMC
578 ' y Clerk
579
580
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