Loading...
O65-41ORDINANCE NO. 65-41 AN E1VIERGENCY ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROHIBITING FISHING, SWIMMING, DIVING OR LOITERING IN THE VICINITY OF THE BOYNTON CANAL LOCKS, LYING EAST OF U.S. HIGHWAY #1, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF BOYNTON i?" BEACH, FLORIDA; PROVIDING FOR AUTHORITY TO/ CODIFY, A SAVINGS CLAUSE, REPEALING PROVISIONS, PENALTY PROVISIONS, AND FOR OTHER PURPOSES. PREAMBLE WHEREAS, the recent construction of a certain dam and auto- matic locks in the Boynton Canal, in the vicinity lying immediately east of U. S. Highway #1, has resulted in the congregation of various fishermen~ swimmers, loiterers and trespassers, at all hours of the day and night, making loud noises by voice, radios and other means, consuming alcoholic beverages and leaving litter, all of which has created a nuisance to adjacent property owners, and a hazardous condition to pedestrians and traffic upon U. S. Highway #1, as well as a dangerous condition which could result in injury or-death to said individuals congregating in subject area due to the dangerous propensity of subject automatic locks; and WHEREAS~ said dangerous condition is further aggrevated by the existence of continued heavy construction within said area in connection with the installation of a major storm drainage system by the State of Florida and WHEREAS, all of said area has been heretofore posted and de- clared dangerous by the owner, Central and Southern Florida Flood. Control District; and WHEREAS, notwithstanding $he above con.~titions, large numbers of individuals continue to assemble in said area; and WHEREAS, said Central and Southern Florida Flood Control District, as owner of said area, as well as the abutting property owners of the adjacent residential Subdivisiorsof COQUINA COVE and HARBOR ESTATt have requested the aid and assistance of the City Council of the CITY OF BOYNTON BEACH, FLORIDA, for protection of their property rights agains' trespass and invasion; and ~S WHEREAS, the City Council of said municipality deems it essen- tial that subject conditions be abated and eliminated as a general public nuisance, as well as to protect all individuals involved from lhe danger of death or serious personal bodily injury; and WHEREAS, emergency action by the City Council is deemed essential in order to immediately preserve the public peace, property, health and safety of the inhabitants of the City of Boynton Beach, Florida, and for efficient daily operation of the municipal Police Department, NOW, THEREFORE, be it resolved by the City Council of the CITY OF BOYNTON BEACH, FLORIDA: SECTION 1: Thai all fishing, swimming, diving, trespassing, parking or loitering in or about that certain portion of the Boynton Canal, and abutting property owned by lhe Central and Southern Florida Flood Control District, lying east of the easterly right of way line of U.S. Highway #1 (State Road #5), more particularly described as follows: Commence at the intersection of the easterly right-of-way line of U. S. Highway #1 and the northerly right-of-way line of the Boynton Can~ ;. thence proceed easterly along the northerly right-of-way line of the, Boynton Canal to the southwest corner of Lot 62 COQUINAiCOVE, Plat Book 24, Page 14 pnblic records of Palm Beach County, Florida; thence proceed southeasterly across the right-of-way line of the Boynton Canal to the northwest corner of Lot 41, HARBOR ESTATES, Plat Book 21, Page 98 public records of Palm Beach County, Florida; thence proceed ~westerly along the south right-of.way line of the Boynton Canal to its,, ~point of intersection with the easterly right-of-way line of U.S. Highway #1; thence proceed northerly along the easterly right-of-way line of ~. S. Highway #1 to the point of beginning, is hereby deClared dangerous, a trespass, and a general public nuisance and such actions by any person, firm or corporation are hereby prohibited. SECTION 2: Penalty. Any person, firm or corporation con- victed of violating the provisions of this ordinance shall upon conviction thereo: be penalized by fine not exceeding $500. 00 or by imprisonment in the municipal jail for a period not exceeding sixty days or both such fine and imprisonment. Any day upon which the violation exists or continue shall be deemed a separate and distinct offense. -2- SECTION 3: Separability. Each of the provisions 'of this ordinance are separable, including word, clause, phrase, or sentence, and if any provision hereof shall be declared invalid, the remaining portion shal not be affected but shall remain in full force and effect. SECTION 4: Repealing Provisions. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: AUTHORITY TO CODIFY. Specific authority is hereby g ranted to codify and incorporate this ordinance into the City's existing code. SECTION 6: Effective daze; This ordinance is deemed to be an emergency measure and shall take effect immediately upon passage. First re ading and final passage this ~day of September, A.D. 1965. (Corporate Seal) CITY OF BOY By BEACH, FLORIDA Ci{y Clerk Councilm an Councilman Councilman -3-