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O91-087 27 3I 3~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF COM~IISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING SECTION 15-8, NOISE CONTROL BY SPECIFICALLY AMENDING SECTION 15- 8.2, DEFINITIONS, AND CREATING A NEW SECTION (5- 8.5(b) (8) OF THE CODE OF ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA TO SPECIFICALLY INCLUDE JET SKIS IN THE DEFINITION OF MOTORBOAT AND TO PROHIBIT MOTORBOATS FROM OPERATING AT A NOISE LEVEL WHICH CREATES A NOISE DISTURBANCE AS DESCRIBED IN SECTION 15-8 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING FOR A CONFLICTS CLAUSE; PROVIDING FOR A SEUERABILITY CLAUSE; PROVIDING AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida believes it is in the best interests of the health, safety, and welfare of the citizens of the City to prohibit motorboats from operating at noise levels which create a noise disturbance as described in Section 15-8 of the Code of Ordinances of the City of Boynton Beach, Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The "WHEREAS" clauses are hereby ratified and confirmed as being true and correct. Section 2. That Section 15-8.2 of the Code of Ordinances of the City of Boynton Beach, Florida, is here by amended to provide as follows: Sec. 15-8.2 Same-Terminology and standards Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis, and hover craft. Section 3. That Section 15-8.5(b)(8) of the Code of Ordinances of the City of Boynton beach, Florida, is hereby amended to provide as follows: Page 1 of 2 3 4 5 6 9 13 14 3Q 32 33 Sec. 15-8.5, Noise control-prohibition acts (b) Specific prohibitions - See text Pg 1080.1 (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise disturbance as defined in this Section. Section 4. That all ordinances or.~Darts of ordinances in conflict herewith be and the same are hereby repealed. .Section 5. Should any section or provision of this ordinance 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 ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective i~mediately upon passage. FIRST READING, THIS ~-- day of ~/~/ , 1991. SECOND, FINAL READING, AND PASSAGE, THIS /~ day of / MaF'or Commissioner ATTEST: (CORPORATE SEAL) Co~mi s s i/one r JAC:aw 1-31-91 \BBORD\ ORD3.DOC Page 2 of 2