O#273ORDIN/~[CE #273
/hN ORDIN/hNCE OF THE CITY OF BOYNTON BEACH
REGULATING THE CONDUCT AT MUNICIPAL BEACH
~H~D PAPJfS PROVIDING FOR ENFORCEMENT; AY~D
PRESCRIBING PENALTIES FOR THE VIOLATION
T~REOP AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH,
F LORI DA:
Section I:
Definitions. For the' purpose Of ~his Ordinance, the
following '~rms, phrases, words, and their deriv&tiOns shall
have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future,
words in the plural number include the singular number, and
words in the sinqUlar number, include 'the plural humbert. The
word "shall" is always mandatory and not merely directbry.
(1) "City" is the City of Boynton Beach.
(f) "DireCtor" is a person immediately in charge of
any park area and its' activitieS, and to whom all park
attendants of such area are responsible.
(3) "Park" is a park, reservation, playground, beach~
recreation cente~ or any other area in the City, owned
or Used by the City, and devoted to active or passive
recreation.
(4) "PersOn" is any person, firm, partnership,
association, corporation, company or organization of
any kind.
(5) "Vehicle"' is any wheeled conveyance, whether mot6r
powered, animal,drawn, or self-propelled, The term
Shall ~inclUde any trailer in tow of any size, kind or
description. Exception is made for baby carriage and
vehicles in the service of the City parks.
Section fi: P__ark Pr~ No person in a park shall:
(i) Buildings and Other Property.
(a) Disfiguration and Removal. Wilfully mark,
deface, disfiqure, injure, tamper with, or displace
or remove, any building, bridges, tables, benches,
fireplaces, railings, paving or paving material, water
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Page 2
27,3
lines or other public~utilities or parts or
appurtenances ±hereof', signs, notice or Placards
whether temporary or permanent, monuments, stakes,
posts, or other boundary markers, or other structures
or-equipment, facilities or park property or appur-
tenances whatsoever, either real or personal.
(b) Restrooms and Washrooms. Fail tO cooperate
in maintaining restrooms andwashrooms in a neat and
sanitary condition. No person over the age Of 4 years
shall use the restrooms and washrooms designated for
the opposite sex.
(c) Removal of Natural Resources; -Dig, or remove
any beach Sand, whether submergedor not, or any soil,
rock, stones, trees, shrubs or plants, down-timber or
other WOod-or materimals, or make any'excaVat±'on by
tool, equipment, blasting or other means or agency.
(d) Erection of Structures. COnstruCt or erect
any bui'lding or Structure of Whatev~r kind, whether
permanent or'temporary in character, or run or string
any public service utility into, upon, or across such
lands; except on special written permit issued here-
under.
(2) Trees, Shrubbery, Lawns.
(a) ' Injury and Removal. Damage, cut, carve
transplant or remove' any tree or plant or injure the
bark, or pick the flowers or seeds Of any tree
plant. Nor shall any person attach any rope, wire,
or other contrivance to any tree or plant. A person
shall not dig in or otherwise disturb grass areas, or
in any other way 'injure or impair the natural beauty
or usefulness of any area.
(b) Climbing Trees, etc. Climb any .tree or walk,
stand or sit upon monuments, vases, fountains, railing,
fenceS~or guncarriages or upon any other property not
designated or customarily used for such purposes.
Section 3: Sanitation. No person in a park shall:
(1) Pollution of Waters, Throw, discharge, or other-
wise place or cause to be placed in the waters of any
fountain, pond, lake, stream, bay or other body of water
in or adjacent~'to any park, or tributary; stream, storm~
sewer, or drain flowing into such waters, any substance,
Ordinance # 273
Page 3
matter or thing, liquid or solid, which will or may
result in the pollution of said waters.
(2) Refuse ahd Trash. Have brought in or shall dump,
deposit or leave any bottles, broken glass, ashes,
paper, boxes, cans, dirt, rubbish, waste, garbage, or
refuse, or other trash. No such refuse or trash~ shall
be placed in any waters in or contiq[uous to any park,
or left anywhere on the grounds thereof, but ~hall be
placed in 'the proper receptacles where these are provided~
where receptacles are not So provided, all such rubbish
or waste shall be carried away from~ the park by the
person responsible 'fOr its presence, and properly
disposed of elsewhere.
Section 4: Traffic. No person in a park shall:
(1) State Motor Vehicle Laws Apply. Fail to comply
with all applicable provisions of the state motor
vehicles traffic laws in regard to equipment and
ope~atlon of~ Vehicles together with such regulations
as are contained in this-and other ordinances.
(2) Enforcement Of Traffic Regulations. Fail to
obey all traffic officers and park employees, such
persons being hereby authorized and instructed to
direct' traffic whenever and wherever needed in the
Parks ~nd on the ~highways, streets or roads immediately
adjacent thereto zn accordance with the provisions of
these regulations and such supplementary regulations
as may be issued subsequently by the Director.
(8) Obey Traffic Signs. Fail'to observe carefully all
traffic signs indicating speed~,~ direction, caution,
stopping, or parking, and all others posted for proper
cnntrol and to' safeguard life and property.
(4) Speed of Vehicles. Ride or drive a-vehicle at a
rate of speed exceedin~ l0 miles an hour; except upon
such roads as the director may designate, by POsted
signs, for speedier travel.
($) OperatiOn Confined to Roads. Drive any vehicle on
any area except the paved park roads or parking areas,
or such other areasas may on occasion be specifically
designated as temporary parking areas by the Director.
( 6 ) Parking.
(a) Designated Areas. Park a vehicle.in other than
an established or designated parking area and such use
Ordinance # 273
Page $.
shall be mn accordance wroth t e Oosted directions
there at and Wifh the instructions of any attendant
who may be present.
(b) Immovable Vehicles. Leave any vehicle any-
where in the park with one or more ~¢heels chained, or
with motor set in gears and door locked, or in any
manner fixed or arranged so that such vehicle cannot
readily be moved by hand.
('c) Night Parking. Leave a vehicle standing
or parked at night without lights clearly visible
for at least 75' feet from ~oth front and rear on
any driveway or road area except legally established
parking areas.
(d) Emergency Procedure. Fail to immediately
notify an attendant' of an emergency ~in the nature of
a breakdown requzn g the assistance of a tow-truck,
mechanic or other person.
(e) Double Parking. Double park any vehicle on
any road or parkway unless directed by a park official.
(f) Muffler Required. Fail to use a muffler
adequate to deaden the sound of the engine in a motor
vehicle.
(7) Bicycles.
(a) COnfined to Roads. Ride a bicycle on other
than.a paved vehicular road or path 'desiqnated for~ that
purpose. A bicyCliSt sha!l be permitted tO wheel or
push a bicycle by hand'~ov'er any grassy area' or wooded
frail or on any paved area reserved for pedestrian use.
(b) Operation.~ Ride a bicycle on the righl,hand'
side of the road paving as close as conditionS permit,
and bicycles shall be kept in single file when two or
more are operating as a group. Bicyclists shall at
all times operate their~machines with reasonable regard
to the safety of others, si~.al all rums,' pass to
the right Of any vehicle they are overtaking, and
pass to the right of any vehicles they may be meeting.
(d) Rider Prohibited.
a bicycle.
Ride any other person on
(d) Designated Racks. Leave a bicycle in a Place
other than a bicycle rack When such is provided and
there is a space available.
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Page 5
(e) ImMobile. Leave a bicycle lying on the ground
or paving~ or set against treest or in any place or
position where other persons may trip over or be injured
by them.
(f) Night Operation. Ride a bicycle on any
road between 30 minutes after sunset or before 30
minutes before sunrise without an attached headlight
plainly visible at least feet in front of,
and without a red. tail light or red reflector plainly
visible from at least feet from the rear of
such bicycle.
Section 5:
park shall:
Recreational Activities.
No person in a
(1) Bathing and Swimming.
(a) Designated Areas. Swim, bath, or wade in any
waters or water-ways in or adjacent to any park, except
in such waters and at such places as are pro-
vided 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 dsm~gerous or otherwise
in advi sable.
(b) Certain Hours. Frequent any waters or places
designated, for the purpose of swimar~ing or bathing or
congregate thereat, except between such hours of the
day as shall be designated by the Director for such
purposes for each individual area.
(c) Structure on Beach. Erect, maintain, use
or occupy on or in any beach or bathing 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 sides; nor skall any guy
wire, rope or ~xtension or exterior brace or suppor±
be connected or fastened from any such structure to
any other structure, stake, rock or other object out-
side thereof.
(d) Costume. Allow himself to be so covered with
a bathing suit as to indecently expose his person or
call forth merited criticism. No person shall appear
Ordinance #273
Page 6
in a bathing cos±nme at any place in the parks
except within the limits of desi~cm~ated bathing
places or areas, and all bathing costumes shall
conform to commonly accepted standards.
(e) Bath-Houses, 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.
(2) Hunting and Fireams. Hunt, trap, or pursue wild
life at any time. No person shall use, carry or possess
firearms of any descriptions, or air-rifles, spring-
funs, bow and arrows, slings or any other fores of
weapons potentially inimical to wild life and dangerous
to human safety, or amy instrmment that can be loaded
with and fire blank cartridges, or any kind of trapping
device. Shooting into park area from beyond park
boundaries is forbidden.
Picnic Area and Use.
(a) Regulated. Picnic or lunch 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 amy directions given to
achieve this end.
(b) Availability. Violate the regm~lation that use
of the individual ~mreplaces together wi+h tables and
benches follows generally the rule of ~First come,
first served."
(c) Non-exclusivel 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.
(d) Duty of Picnicker. Leave a picnic area before
the fire ms completely extinguished and before all trash
in ~he nature of boxes, papers, cans, bottles, garbage
and other refuse ms placed in the disposal receptacles
~=here provided. If no such trash receptacles are avail-
able, then refuse and trash shall be carried away from
the park area by the picnicker to be properly disposed.
of elsewhere.
Ordinance
Page 7
(4) Camping. Cramp in other than permanent cabins
for organized caraping, provided by theD'. lrector and
used by groups of persons under adequate supervision.
No person shall set up tents, shacks, or any other
temporary shelter for the purpose of overnight
camping, nor shall any person leave in a park after
c~os_.ng hours any movable structure or special vehlcle
to be used or t.hat could be used for such purpose,
such as house-trailer,camp~trai!er, camp-wagon, or
the like.
(5) Games. Take part in or abet the playing of any
games involving throwa or other propelled objects
such as balls, stones, arrows, javelins or model
airplanes except in areas set apart for such forms
of recreation. %~he playing of rough or comparatively
dangerous games such as football, baseball and
quoits is prohibited except on the fields and courts
or areas provided therefor. Roller-skating shall
be confined to those areas specifically desigm, ated
for such parttime.
Section 6: BEHAVIOR. No person in a park shall:
(!) intoxicating Beverages.
(a) Prohibition. Have brought alcoholic
beverages, nor shall any person drink alcoholic
~e~erages at any time in the park.
(b) Exceptions. At certain specifically
designated recreation centers w~nere meals or lunches
are served under concession privileges the sale of
alcoholic beverages by such concessionaire will be
permitted under the strict regulation and control of
the Director. Sales of alcoholic beverages shall be
made only in individual drinks (not zn original
packages or otherwise in bulk) and shall_be served
for consm~ption on the immediate premises of the
concession.
(c) Drunkeness. Have entered or be under the
influence of intoxicating liquor.
(2) ~ireworks and Explosives. Brought, or have in
his possession, or set off or ot.herwise cause to
explode~ or discharge or burn, any firecrackers,
tot ~ +
pedo, roc~e~, or other fireworks or explosives
of inf!ai~mmable material, or discharge them or throw
them into any such area from land or highway adjacent
thereto. ?/lis prohibition includes arty substance,
compound, mixture, or article that in conJ~incfion with
any other substance or compound would be dangerous from
any of the foregoing standpoints.
Ordinance #273
Page 8
(8) Domestic Animals. No person in a park shall have,
or be permitted to have, any dog, cat or other domestic
animals on any designated beach area at any time
whee_her muzzled, leached or not, except that dogs,
cats and other domestic animals are permitted to
remain in a parked vehicle in properly designated
parking areas but 'no domestic animal shall be permitted
to run at large.
(4) Reservation of Facilities. Occupy any seat or bench,
or enter into or loiter or remain in any pavilion or
other parc structure or section thereof which may be
reserved and designated by the Board for the use of
the opposite sex. Exception is made for children
under 4 years of age.
(5) Dress. Appear at any place in other than proper
clothing. ?~i±h the exception of the restricted ba~hing
areas, "properly clothed" shall be construed to prohibit
the wearing of trunks or clothing that does not cover
the upper portion of the body.
(6) Alms. Shall solicit alms or contributions for any
purpose, whether public or private.
(7) Fires. Build or at%emp± to build a fire except in
such areas and Under such regulations as may be designated
by the Director. No person shall drop, throw, or o~her-
wise scatter lighted matches, burning cigarettes or cigars,
tobacco paper or o~her inf!~r~ab!e material, within any
par~ area or on any highway, road or street abutting
or contiguous thereto.
(8) Closed Areas. Enter aD. area posted as "Closed
the Public'' nor shall any person use, or abet the use
of any area in violation of posted notices.
(9) Games of Chance.
any game of chance.
Gamble, or participant in or abet
(10) Loitering and Boisterousness. Sleep or protrac~edly
lounge on the seats, or benches, or other areas, or
engage in loud, boisterous, threatening, abusive, in-
suiting or indecent language, or engage in any disorderly
conduc~ or behavior tending to a breach of the public
peace.
(1i) Exhibit Permits; Fail to produce and exhibit any
permit from the Director he claims to have upon request
of any authorized person who shall desire to inspect
the same for the purpose of enforcing compliance with
any ordinance or rule.
Ordinance #273
Page 9
(12) interference with Permittees. Disturb or interm
fete unreasonably with any person or party occupying any
area, or participating in any activity, under the author-
ity of a permit.
Section 7. Park Operating Policy,
(!) Hours. The Director shall establish hours that
the park, or beach, shall be open to the public
use as may be deemed reasonable and such opening and
closing time shall be posted for public information.
Section 8. Enforcement.
(i) Officials. The Director and park attendants shall
in connection with their duties imposed by law, diligent-
ly enforce the provisions of this Ordinance.
(2) Ejectment. The Director and any park attendant
shall have the authority to eject from the park any
person acting in violation of this Ordinance.
$3) Seizure of Property, Y%Le Director and any park
attendant shall have the authority to seize and con-
fiscate any property, thing or device in the parkw or
used, in viclation of this Ordinance.
Section 9. Penalties.
Any person, firm. or corporation convicted of the violation
of any of the terms or provisions of this ordinance may be fined
in a sum not to exceed ~500.00 or may be imprisoned within the
discretion of the Trial Court.
Section 10. Separability.
Each pro~.ision of this Ordinance is inseparable
including word, clause, phrase or sentence and if any provision
shall be declared invalid, the remaining portion shall not be
effected but shall remain in force and effect.
Section 11. Repealing Provisions.
All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
First reading this lSth day of August, 1955.
Second and Finsl reading this 6th day of September~ 19~[.
Ordinance
Page 10
Mayor
Court c ~ lman ~'
At%es~:
Ci±y { ~rk