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06-059 " 1 ORDINANCE NO. 06-059 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 15 OF THE CODE OF 5 ORDINANCES, "OFFENSES-MISCELLANEOUS," TO ADD 6 A NEW ARTICLE 11 TITLED "NO FISHING AREAS"; 7 DESIGNATING THE WATERFRONT ALONG THE RIGHT 8 OF WAY OF BOYNTON BEACH BLVD. AS A "NO FISHING 9 AREA"; AUTHORIZING THE DESIGNATION OF 10 ADDITIONAL "NO FISHING AREAS" BY RESOLUTION; 11 PROVIDING FOR PENALTY FOR VIOLATION; 12 PROVIDING FOR CONFLICTS, SEVERABILITY, 13 CODIFICATION AND AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission has determined that it is in the best interest of the 16 ealth, safety, and welfare of the citizens to prohibit fishing in certain designated areas when 17 Ishing is inconsistent with other recreational uses; and 18 WHEREAS, the City Commission finds that subsequent designation of no fishing 19 reas are best handled through the adoption of a resolution. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 21 F THE CITY OF BOYNTON BEACH, FLORIDA: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 eing true and correct and are hereby made a specific part of this Ordinance upon adoption 24 ereof. 25 Section 2. Chapter 15, "Offenses-Miscellaneous" IS hereby 26 mended to add a new Article XI titled "No Fishing" areas" to read as follows: 27 28 ec. 15- 124 Fishing in areas designated as "No Fishing" areas by the City 29 ommission and posted as such is prohibited. 30 31 ec. 15- 125 A violation of this section of the code of ordinances III 32 unishable by a fine of$50.00. :\CC\WP\ORDINANCES\2006\No Fishing revised. doc /22/2006-Revised on first reading / additional revisions on second reading II 1 2 3 4 5 6 7 8 9 10 11 12 13 punishable by a fine of $50.00. Sec. 15- 126 The areas bounded by the north right-of-way line of Boynton Beach Blvd and the south right-of-way line of Boynton Beach Blvd, where Boynton Beach Blvd intersects with the Intracoastal Waterway and along the public promenade area of Boynton Beach Boulevard extended from a point 825 feet east of the east line of Federal Highway to a point 1350 feet east of the east line of Federal Highway are hereby designated a "No Fishing" areas. The City Commission may, by resolution, designate additional "No Fishing" areas." Section 3. Each and every other provision of the Code of Ordinances not herein 14 specifically amended, shall remain in full force and effect as originally adopted. 15 Section 4. All laws and ordinances applying to the City of Boynton Beach in 16 conflict with any provisions of this ordinance are hereby repealed. 17 Section 5. Should any section or provision of this Ordinance or any portion 18 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 19 not affect the remainder of this Ordinance. 20 Section 6. Authority is hereby given to codify this Ordinance. 21 Section 7. This Ordinance shall become effective immediately. C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK I 04\No Fishing revised (2).doc 6/19/2006-Revised on first reading wi additional revisions on second reading 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ., FIRST READING this ~ day of Ju.ne... ,2006. SECOND, FINAL READING AND PASSAGE this ~ day of JUL.V ,2006. ATTEST: CITY OF BOYNTON BEACH, FLORIDA h~~ tJYo~~ C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Internet Files\OLK I 04\No Fishing revised (2).doc 6/19/2006-Revised on first reading wi additional revisions on second reading