boynton16 Chapter 16
PARKS AND RECREATION*
Art. I. In General, §§ 16-1—16-17
Art. II. City Parks and Benches,
§§ 16-18—16-92
Div. 1. Generally,
§§ 16-18—16-37
Div. 2. Conduct Regulated,
§§ 16-38—16-68
Div. 3. Traffic and Parking
Regulations, §§ 16-49—16-92
Art. III. Boats and Boating, §§ 16-93—16-95
*Cross references-Enclosure of swimming pools, § 5-125; recreational vehicles, boats and boat trailers, Ch. 20; parks and recreational areas in subdivisions, App. C, Art. IX, § 8.
ARTICLE I. IN GENERAL
Sec. 16-1. Board created; appointment, terms,
qualifications.
There is hereby established a recreation and parks board, hereinafter referred to as “board”, which board shall consist of seven (7) members. The city council shall appoint the members
of said board. Two (2) members shall serve for a term of one (1) year from the date of appointment; three (3) members shall serve for a term of two (2) years from the date of appointment;
two (2) members shall serve for a term of three (3) years from the date of appointment. Vacancies created after expiration of these terms shall be filled by appointments for three-year
terms. Members of the board shall be residents and electors of the city. (Code 1958, § 2-51; Ord. No. 83-18, § 1, 5-17-83; Ord. No. 85-25, § 1, 4-2-85)
Sec. 16-2. Removal of board members;
vacancies.
Members of the board may be removed by a majority vote of the total members of the city council. Vacancies on the board shall be filled by the city council. (Code 1958, § 2-52)
Sec. 16-3. Officers of board.
Within ten (10) days from the date of their appointment, the director of recreation and parks shall call a meeting for the members of the board to organize by electing one of their
members chairman and one of their members vice-chairman of the board. (Code 1958, § 2-53)
Sec. 16-4. Meetings of board.
(a) In the performance of their duties set forth in this article, the board shall hold at least one regular meeting each month in the city hall. Special meetings may be called by the
board chairman or the recreation department upon prior notification.
(b) Minutes shall be kept during all meetings with a copy given to the city manager and the original copy placed in the files of the recreation and parks department.
(c) The recreation and parks department shall prepare an agenda for each meeting and shall contact the chairman of the board regarding the agenda.
(d) Four (4) members in attendance shall constitute a quorum before an official meeting is declared in session. (Code 1958, § 2-53)
Sec. 16-5. Powers and duties of board.
Subject to the control and direction of the city council, the board:
(a) Shall act i
n an advisory capacity (nonadministrative) to the recreation and parks department, to assure representatio
n of ideas of citizens who are interested in promoting better recreation and park facilities and programs
for the city. Such advice shall include but not be limited to site locations, development, supervision and
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maintenance of public recreation and parks of the city.
(b) May acquire by gift or donation, any property for public recreation or park purposes. Any gifts or donations acquired shall go through the recreation and parks department and shall
become the property of the city, and title of any real property so acquired shall be taken in the name of the city.
(c) Shall make recommendations to the city manager and city council, through the recreation and parks director, concerning the purchase of property by the city for public recreation
and park purposes, concerning the establishment, maintenance, and supervision of public recreation and parks, and concerning expenditures of the recreational and park fund hereinafter
established.
(d) Shall annually, in an advisory capacity, assist the recreation and parks department in preparing a proposed budget for public recreation and parks for the city.
(e) Shall keep records and accounts of all the activities of the board and make reports through the recreation and parks department to the city council and city manager whenever requested
to do so.
(f) Shall make recommendations to the director of recreation and parks and the city manager, to be submitted to the city council for approval, concerning employment of personnel to conduct,
instruct and supervise park and recreational activities, and the use of public recreation and park facilities of the city.
(g) In exercising their powers and performing their duties as specified in this article, the board shall act through a majority of its members and the chairman of the board is requested
to sign all papers and documents requiring the signature of the recreation and park board. (Code 1958, § 2-54)
Sec. 16-6. Recreational and park fund
established; expenditures.
There is hereby established as a part of the city treasury a fund to be known as the recreational and park fund. All monetary gifts or donations to the city for recreation or park purposes
shall be paid into said fund.
Expenditures from the recreational and park fund of the city shall be in the manner and form provided by Laws of Florida or the city for expenditures of municipal funds. No monetary
gift or donation to the city for public park purposes shall be expended for any purpose other than recreation and parks. (Code 1958, § 2-55)
Sec. 16-7. Use of portion of Boynton Canal and
abutting property prohibited.
All fishing, swimming, diving, trespassing, parking or loitering in or about that certain portion of the Boynton Canal and abutting property owned by the South Florida Water Management
District, lying east of the easterly right-of-way line of U.S. Highway No. 1 (State Road No. 5), more particularly described as follows:
Commence at the inte
rsection of the easterly right-of- way line of U.S. Highway No. 1 and the northerly right-of-way line of t
he Boynton Canal; thence proceed easterly along the northerly right-of-way line of the Boynton Canal to th
e southwest corner of Lot 62, Coquina Cove, Plat Book 24, Page 14, public records of Palm Beach County, Fl
orida; thence proceed southeasterly across the right-of-way line of the Boynton Canal to the northwest cor
ner 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 No. 1; thence proceed northerly along the easterly right-o
f-way line of U.S. Highway No. 1 to the point of beginning, is hereby declared dangerous, a trespass, and
a general public nuisance and such actions by any person are hereby prohibited. (Code 1958, § 19-23.1)
Parks and Recreation 3
Secs. 16-8—16-17. Reserved.
ARTICLE II. CITY PARKS AND BEACHES
DIVISION 1. GENERALLY
Sec. 16-18. Definitions.
As used in this article:
Director means the recreation and parks director of the city.
Park means a park, reservation, playground, beach, recreation center or any other area in the city, owned or used by the city, and devoted to active or passive recreation.
Vehicle means any wheeled conveyance, whether motor 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 carriages and vehicles in the service of the city parks. (Code 1958, § 19-1)
Sec. 16-19. Director to establish 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.
(Code 1958, § 19-2)
Sec. 16-20. Interference with permittees.
No person at any beach or park shall disturb or interfere unreasonably with any person or party occupying any area or participating in any activity under the authority of a permit.
(Code 1958, § 19-3)
Sec. 16-21. Showing of permits upon request.
Every person at a beach or park shall produce and exhibit any permit from the director he claims to
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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. (Code 1958, § 19-4)
Sec. 16-22. Enforcement of regulations.
(a) The director and park or beach attendants shall, in connection with their duties imposed by law, diligently enforce the provisions of this article. The director and any park attendant
shall have the authority to eject from the park or beach any person acting in violation of this article, and shall have the authority to seize and confiscate any property, thing or device
in the park or beach used in violation of this article. Administrative authority is hereby granted to the City Manager and/or his or her designee to designate and post specific areas
in city parks as “Quiet Zones.”
(b) Penalties for violation of this section shall be pursuant to the City Code of Ordinances Chapter 1, General Provisions, Article 1, Section 1-6.
(Code 1958, § 19-5) (Ord. No. 02-001, § 2, 1-15-02)
Sec. 16-23. Permit required to erect structure or
run utility.
It shall be unlawful for any person to construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service
utility into, upon or across any beach or park, except on special written permit issued hereunder. (Code 1958, § 19-19)
Sec. 16-24. Removal of sand or soil, shrubs,
trees, etc.
It shall be unlawful for any person to dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down-timber or other wood or materials,
or make any excavation by tool, equipment, blasting or other means or agency upon any beach or park within the city. (Code 1958, § 19-18)
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Sec. 16-25. Damaging trees, plants, grass.
It shall be unlawful for any person to damage, cut, carve, or transplant any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant in any beach or park.
Nor shall any person attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb grass areas, or in any other way injure or impair the
natural beauty or usefulness of any beach or park. (Code 1958, § 19-20)
Sec. 16-26. Pollution of waters.
It shall be unlawful for any person to throw, discharge or otherwise 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 beach, or tributary stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution
of said waters. (Code 1958, § 19-22)
Cross references-Throwing refuse into bodies of water, § 10-24; littering generally, § 15-26 et seq.
Sec. 16-27. Structures to afford open view; guy
wires, braces prohibited.
It shall be unlawful for any person to 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 (2) sides; nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure
to any other structure, stake, rock or other object outside thereof. (Code 1958, § 19-40)
Sec. 16-28. Bounce houses.
The use of "bounce houses" and other inflatable playground equipment is prohibited at city-owned
property unless the company operating the equipment has received prior approval from the city's Recreation and Parks Director, or their designee, to operate such equipment. The notice
of approval shall be posted at the location the equipment is installed during the time that the equipment is being operated in order to allow the appropriate city representative to verify
that the operator received prior approval from the city. Any equipment installed on city-owned property without prior approval shall be immediately deflated and/or disconnected by
the authorized city representative. The provisions of this section shall be enforced by the city's code enforcement officers, as well as the city's law enforcement officers. Regulations
regarding the placement, use, insurance, and supervision requirements shall be developed and published by the city's Recreation and Parks Department. (Ord. No. 05-002, § 2, 1-18-05)
Secs. 16-29—16-37. Reserved.
DIVISION 2. CONDUCT REGULATED
Sec. 16-38. Alcoholic beverages permitted only
at designated places; sale;
drunkenness.
No person shall drink nor possess alcoholic beverages at any time at any beach or park except at specifically designated recreation centers, where meals or lunches are served under
concession privileges, or pursuant to a Special Event Permit issued by the city. The sale or possession of alcoholic beverages by a concessionaire, or pursuant to a Special Event Permit,
will be subject to the strict regulation and control of the director. Sales and consumption of alcoholic beverages shall be made only in individual drinks (not in original packages or
otherwise in bulk), and shall be served for consumption on the immediate premises of the concession. No person shall become drunk or be under the influence of intoxicating beverages.
(Code 1958, § 19-6) (Ord. No. 05-065, § 2, 11-1-05)
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Parks and Recreation 4A
Sec. 16-39. Animals prohibited.
No person shall have, or be permitted to have, any dog, cat or other domestic animals on any designated beach or park area at any time whether muzzled, leashed or not; provided, 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. (Code
1958, § 19-7)
Sec. 16-40. Fireworks or explosives.
No person at any park or beach shall bring in or have in his possession, or set off or otherwise cause to explode or discharge or burn, any firecracker, torpedo, rocket or other fireworks
or explosives or inflammable materials, or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substance, compound, mixture
or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints.
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Parks and Recreation 4B
Parks and Recreation 5
This section shall not prohibit fireworks displays where permitted under the provisions of section 15-5. (Code 1958, § 19-8)
Sec. 16-41. Use of facilities provided for opposite
sex.
No person at any park or beach shall occupy any seat or bench, or enter into or loiter or remain in any pavilion or other park 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 four (4) years of age. (Code 1958, § 19-9)
Sec. 16-42. Soliciting prohibited.
It shall be unlawful at any beach or park for any person to solicit alms or contributions for any public or private purpose. (Code 1958, § 19-10)
Sec. 16-43. Fires, permitted only in designated
areas; dropping inflammable
material.
No person shall build or attempt 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 otherwise scatter
lighted matches, burning cigarettes or cigars, tobacco paper or other inflammable material, within any park area or on any highway, road or street abutting or contiguous thereto. (Code
1958, § 19-12)
Sec. 16-44. Gambling.
Gambling, or the participation therein or the abetting thereof, is prohibited at any beach or park. (Code 1958, § 19-13)
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Sec. 16-45. Entering, using closed area.
No person shall enter an area on a beach or park posted as “Closed to the Public” nor shall any person use or abut the use of any area in violation of posted notices. (Code 1958, §
19-14)
Sec. 16-46. Sleeping, lounging; disorderly
conduct generally.
No person shall at any beach or park sleep or protractedly lounge on the seats or benches or other areas, or engage in loud, boisterous, threatening, abusive, insulting or indecent
language, or engage in any disorderly conduct or behavior tending to a breach of the public peace. (Code 1958, § 19-15)
Sec. 16-47. Cooperation in keeping rest rooms
clean.
It shall be unlawful for any person to fail to cooperate in maintaining rest rooms and washrooms in a neat and sanitary condition. (Code 1958, § 19-17)
Sec. 16-48. Climbing trees; standing or sitting on
fixtures.
It shall be unlawful for any person to climb any tree, or walk, stand or sit upon monuments, vases, fountains, railings, fences or gun carriages or upon any other property on any beach
or park which is not designated or customarily used for such purposes. (Code 1958, § 19-21)
Sec. 16-49. Refuse and trash.
It shall be unlawful for any person to bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash
on any beach or park.
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No such refuse or trash shall be placed in any waters in or contiguous to any park or beach, or left anywhere on the grounds thereof, but shall be placed in the proper receptacles where
these are provided. Where receptacles are not provided, all such rubbish or waste shall be carried away from the park or beach by the person responsible for its presence and properly
disposed of elsewhere. (Code 1958, § 19-23)
Sec. 16-50. Swimmers to conform to regulations.
It shall be unlawful for any person in a park or beach to swim, bathe, or wade in any waters or waterways in or adjacent to any park or beach, except in such waters and at such places
and during such hours as are provided 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 dangerous or otherwise inadvisable.
(Code 1958, § 19-39)
Sec. 16-51. Reserved.
Editor's note-Ord. No. 85-45, Attach. (b), adopted Aug. 20, 1985, repealed § 16-51, indecent exposure, as derived from the 1958 Code, §§ 17-6, 19-11, 19-41.
Sec. 16-52. Dressing and undressing.
No person shall 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. (Code 1958, §
19-41)
Sec. 16-53. Hunting; weapons; shooting.
It shall be unlawful for any person to hunt, trap or pursue wild life at any time on any beach or park; nor shall any person use, carry or possess firearms of
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any description, or air-rifles, spring-guns, bow and arrows, slings or any other forms of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that
can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into a park area from beyond the park boundaries is forbidden. (Code 1958, § 19-42)
Sec. 16-54. Place for picnics; regulation
authorized.
It shall be unlawful for any person to picnic or lunch on any beach or park 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 any directions given
to achieve this end. (Code 1958, § 19-43)
Sec. 16-55. Use of fireplaces and picnic areas.
The use of the individual fireplaces together with tables and benches follows generally the rule of “first come, first served.”
No person shall 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. (Code 1958, § 19-44)
Sec. 16-56. Duties when leaving picnic area.
No person shall leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed
in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly
disposed of elsewhere. (Code 1958, § 19-45)
Parks and Recreation 7
Sec. 16-57. Camping.
No person shall camp in any park in other than permanent cabins for organized camping, provided by
the director 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 closing hours any movable structure or special vehicle to be used or that could be used for such purpose, such as a house trailer, camp trailer, camper,
camp wagon or the like. (Code 1958, § 19-46)
Sec. 16-58. Games allowed only in designated
areas.
No person shall take part in or abet the playing of any games involving thrown or other propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas
set apart for such forms of recreation. The 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 designated for such pastime. (Code 1958, § 19-47)
Sec. 16-59. Overnight boat docking prohibited.
It shall be unlawful for any persons to camp overnight on the grounds of Boat Club Park or to dock their boats on the shorelines or ramp area of said Boat Club Park either overnight
or on a permanent docking basis. (Ord. No. 82-21, § 1, 7-20-82)
Sec. 16-60. Establishing hours of use at city
Boat Club Park.
The Boat Club Park shall be closed at 10:00 p.m. to all persons, except for fishermen and boaters actively engaged in fishing or boating or preparation thereof and official permit holders
utilizing the boat club building, and it shall be unlawful for any, except
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the enumerated persons to enter said park between the hours of 10:00 p.m. and dawn of the next day.
(Ord. No. 82-21, § 2, 7-20-82)
Sec. 16-61. Boat launching and trailer parking
user fee at the Boat Club Park.
(a) The purpose of this section is to establish an annual and daily boat launching and trailer parking user fee for the City's Boat Club Park.
(b) The City shall charge a $50 annual decal fee and $10 daily fee for non-decal holders.
(c) The City shall not differentiate between residents and non-residents of the County or the State while processing decal applications.
(d) (1) Decals will be issued to an applicant on an annual basis October 1 to September 30 upon satisfactory completion of appropriate application forms, commencing October 1, 2001.
All decals shall be permanently affixed on the passenger side of the trailer (on a conspicuous part of the winch post; alternately the tongue, as close as possible to the ball). Decals
placed on a trailer other than the one for which it was originally issued shall be construed to be void.
(2) In the event that the trailer to which the permanent decal was issued has been sold or otherwise changed ownership and/or in the event a properly issued decal is mutilated and
can be identified, the decal will be replaced for a charge of twenty-five dollars ($25.00) provided the holder can return an identifiable portion of the mutilated decal to the city.
In the event the holder of a lost or mutilated decal cannot provide an identifiable portion or part of the decal, the charge for a replacement decal will be the sum of fifty dollars
($50.00).
(e) Daily user fee will require the user to obtain a daily decal which expires 24 hours after issuance.
(f) Unpermitted boats, vessels and trailers are subject to a $25 fine.
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(g) Enforcement: The City Police Department is hereby given the power and duty to enforce this article and shall have the power to make lawful arrests for the violation of the provisions
hereof. Anyone found to have violated any provision of this section shall be punished as provided for in this chapter or as otherwise provided by law.
(h) Should any section or provision of this section 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 section.
(Ord. No. 00-72, §§ 1-8, 12-19-00; Ord. No. 02-048, § 2, 9-3-02)
Secs. 16-62—16-68. Reserved.
DIVISION 3. TRAFFIC AND PARKING
REGULATIONS
Sec. 16-69. Compliance required.
It shall be unlawful for any person at any beach or park to fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation
of vehicles together with such regulations as are contained in this Code. (Code 1958, § 19-24)
Sec. 16-70. Authority to direct traffic; obedience
required.
It shall be unlawful for any person to fail to obey all traffic officers and park or beach employees, such persons being hereby authorized and instructed to direct traffic whenever
and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations
as may be issued subsequently by the director. (Code 1958, § 19-25)
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Sec. 16-71. Observance of traffic signs.
It shall be unlawful for any person on any beach or park to fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted
for proper control and to safeguard life and property. (Code 1958, § 19-26)
Sec. 16-72. Speed limit.
It shall be unlawful for any person on any beach or park to ride or drive a vehicle at a rate of speed exceeding ten (10) miles an hour, except upon such roads as the director may designate
by posted signs for speedier travel. (Code 1958, § 19-27)
Sec. 16-73. Driving in prohibited areas.
It shall be unlawful for any person to drive a vehicle on any beach or park area except upon paved roads or parking areas or such areas as may be designated as temporary parking areas
by the director. (Code 1958, § 19-28)
Sec. 16-74. Parking to be in parking areas;
obedience to regulations.
It shall be unlawful for any person to park a vehicle on any beach or park in other than an established or designated parking area and such use shall be in accordance with the posted
directions thereat and with the instructions of any attendant who may be present. (Code 1958, § 19-29)
Sec. 16-75. Night parking.
It shall be unlawful for any person to leave a vehicle standing or parked at night on any beach or park without lights clearly visible for at least seventy-five (75) feet from both
front and rear on any driveway or road area except in legally established parking areas. (Code 1958, § 19-31)
Parks and Recreation 9
Sec. 16-76. Notice of vehicle breakdown.
It shall be unlawful for any person to fail to immediately notify an attendant of a vehicle breakdown on any beach or park requiring assistance of a towtruck, mechanic or any person.
(Code 1958, § 19-32)
Sec. 16-77. Double parking.
It shall be unlawful for any person to double park any vehicle on any road or parkway on any beach or park unless directed by a park official. (Code 1958, § 19-33)
Sec. 16-78. Where bicycles permitted.
It shall be unlawful for any person to ride a bicycle in any beach or park on other than a paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to
wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use. (Code 1958, § 19-35)
Sec. 16-79. Bicycles to keep to right, single file;
manner of riding generally.
All persons riding bicycles in any beach or park shall ride such bicycles on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in single
file when two (2) or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the
right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting. (Code 1958, § 19-36)
Sec. 16-80. Passengers on bicycles; manner of
parking or leaving.
It shall be unlawful for any person on any beach or park to ride any other person on a bicycle, or to leave a bicycle in a place other than a bicycle rack when such is provided and
there is a space available, or to leave a bicycle lying on the ground or paving, so set against trees, or in any place or position where other persons may trip over or be injured by
them. (Code 1958, § 19-37)
Sec. 16-81. Headlights, reflectors on bicycles.
It shall be unlawful for any person, on any beach or park to ride a bicycle on any road between thirty (30) minutes after sunset or before thirty (30) minutes before sunrise without
an attached headlight plainly visible at least five hundred (500) feet in front of the bicycle, and without a red tail light or red reflector plainly visible from at least six hundred
(600) feet from the rear of such bicycle. (Code 1958, § 19-38; Ord. No. 85-45, Attach. (b), 8-20-85)
Sec. 16-82. Rules, regulations controlling
parking of vehicles at municipal
beach property located within the
Town of Ocean Ridge.
The city manager is hereby directed to implement subject procedures at the earliest possible date. (Said regulations are set out below.)
POLICY NO. 1. PARKING PERMITS
Parking permits will be issued on an annual basis (October 1 through September 30) each year to residents (see “definitions”) of the City of Boynton Beach, for a charge of thirty dollars
($30.00) for the first decal issued to a resident vehicle, upon satisfactory completion of appropriate application forms. Applicants will be required to establish proof of residency
in the City of Boynton Beach (see “definitions”) and to present his official state motor vehicle tag registration certificate.
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When application is made for more than one permit, each separate individual vehicle registration must be presented. Residents who are not property owners must establish residency by
some suitable means, such as voter's registration, executed lease, utility bills or other legal document.
Lost or mutilated parking permits. In the event that the vehicle to which the permanent decal was issued has been sold or otherwise changed ownership and/or in the event a properly
issued parking decal is mutilated and can be identified, such decal will be replaced for a charge of fifteen dollars ($15.00) provided the holder can return an identifiable portion of
the mutilated parking decal to the city. In the event the holder of a lost or mutilated parking permit cannot provide an identifiable portion or part of such parking decal, the charge
for a replacement decal will be the sum of thirty dollars ($30.00). Lost decals will not be replaced until after a thirty-day waiting period from the date the decal is reported lost.
Definitions.
Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or living accommodations within the City of Boynton Beach for a time period of at least six (6)
consecutive months each calendar year, as well as members of their immediate family residing with them; provided, however, for purposes of this section, the term “City of Boynton Beach”
shall include all property within the corporate limits of the Town Ocean Ridge. Proof of six (6) months’ residency, if property is not owned, shall be established by lease agreements,
rent receipts or written lessor verification.
Qualified nonresident: Anyone who is not a resident but who resides in the agricultural reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal No. 30,
bounded on the north by Hypoluxo Road, and bounded on the west by the Loxahatchee National Wildlife Refuge.
City employees: All city employees, classified and nonclassified and retired regardless of residency shall be eligible to receive one parking permit. Proof
of employment shall be established through the personnel department of the city. Persons who terminate (not retired) their employment with the city and who are not city residents shall
be required to scrape off their stickers and return remains to the issuing office.
POLICY NO. 2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS
(1) Ensure that applicants are residents as defined in Policy No. 1.
(2) Have applicant complete permanent application form.
(3) Request proof of residency. Proof established in accordance with Policy No. 1.
(4) Request separate vehicle registration for each parking permit to be issued.
(5) Residents leasing automobiles should provide contract documents establishing the lease agreement or arrangement or company car assignment.
(6) Issuing authority shall complete parking permit application by listing separate permit numbers opposite the make, model and year of each vehicle.
(7) All parking permits shall be permanently affixed upon the lower, left-hand side (driver's side) of the front windshield of such vehicle. Decals placed on a vehicle other than the
one for which it was originally issued shall be construed to be void.
(8) Parking permits issued to motorcycles, motor bikes, and motor scooters shall be displayed on the left front fork of such vehicle or other visible location in the area of the left
front.
POLICY NO. 3. TEMPORARY PARKING PERMITS
Qualified nonresidents: Qualified nonresidents may obtain beach decals which permit parking on specified dates and times. The cost for such permit
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and the dates they are valid shall be as set forth herein:
The permit fee for Qualified nonresidents shall be ninety dollars ($90.00) each, and shall be valid seven (7) days a week, from May 1 to November 15.
PARKING FEES FOR MOTOR VEHICLES
A daily parking fee is hereby established for all motor vehicles parking at the public beach except those hereinafter excepted in accordance with the following rates and charges.
Class 1. Automobiles, motor scooters, motor bikes, motorcycles:
May 1—November 15 November 16—April 30
$ 5.00 $10.00
Class 2. Buses, trucks and other motor vehicles
not included or described in Class I
hereof $10.00
Vehicle definitions.
Class 1. A passenger vehicle designed for family pleasure.
Class 2. A passenger vehicle designed for group (more than 10 passengers) transportation other than family pleasure.
Exceptions:
(1) Vehicle having affixed thereto a parking permit issued in accordance with the rules and regulations of Policies 1 and 2.
(2) Official state, county and city vehicles entering the park in the performance of governmental functions.
(3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when engaged in o
fficial park business.
(4) School buses transporting Florida school, college or university students in a g
roup or body for a field trip for educational purposes. This exception shall not apply to vehicles transpo
rting such groups to the park for recreational purposes.
Florida school groups, as mentioned in exception
(4), must make prearrangements with the director of recreation and parks or his designee by submitting a l
etter from the school principal certifying that the trip is a part of the school curriculum.
Parking permits will be available to all city residents as outlined in Policies 1 and 2. Vehicles not exhibiting the permit will be required to pay the parking fee in accordance with
this policy.
PARKING AREAS FOR MOTOR VEHICLES
(1) All motorcycles, motor bikes, and motor scooters shall park in the designated areas on the upper level of the parking area at the public beach.
(2) The parking spaces in the upper level of the parking area at the public beach shall be used
exclusively by automobiles. Additionally, only vehicles having affixed thereto a parking permit issued in accordance with the rules and regulations of Policies 1 and 2 may park in said
upper level; provided, however, that handicapped persons may park in designated spaces on the upper level without having a parking permit affixed to their vehicles.
(3) All other motor vehicles, including all vans, campers, trucks, buses and trailers shall park in the lower level spaces of the parking area at the public beach.
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PENALTY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS
It shall be unlawful for any person to falsify information in the process of applying for a parking permit, for any person to sell a parking permit, for any person to transfer a parking
permit to a nonresident, or for any person to fail to follow the rules and regulations pertaining to the use of the parking facilities at the public beach. (Code 1958, § 19-38.1; Ord.
No. 79-21, Art. I, 7-17-79; Ord. No. 80-42, § 1, 10-21-80; Ord. No. 80-47, § 1, 12-16-80; Ord. No. 82-10, §§ 1, 2, 5-4-82; Ord. No. 82-23, § 1, 8-3-82; Ord. No. 84-30, §§ 1, 2, 8-7-84;
Ord. No. 86-6, § 1, 4-15-86; Ord. No. 86-32, § 1, 9-3-86; Ord. No. 89-33, § 1, 9-26-89; Ord. No. 89-37, § 1, 11-7-89; Ord. No. 90-45, § 1, 9-18-90; Ord. No. 90-56, § 1, 12-4-90; Ord.
No. 91-13, §§ 1, 2, 3-19-91; Ord. No. 93-32, § 1, 9-7-93; Ord. No. 93-34, § 1, 9-21-93; Ord. No. 00-46, § 1, 9-6-00; Ord. No. 05-046, § 2, 8-16-05)
Secs. 16-83—16-92. Reserved.
ARTICLE III. BOATS AND BOATING*
*Cross reference-Parking of boats and boat trailers, Ch. 20.
State law references-Regulation of boats generally, F.S. § 371.011 et seq.; local regulation, F.S. § 371.59.
Sec. 16-93. Speed causing harmful wake.
It shall be unlawful to operate any boat, vessel or other watercraft upon any waterway or body of water within the corporate limits of the city at a rate of speed which causes waves
to damage docks, wharves, seawalls or boats moored or tied to a dock or wharf along such waterways. (Code 1958, § 4A-1; Ord. No. 93-15, § 1, 6-15-93)
Sec. 16-93.1. Boats, watercraft, personal
watercraft; speed restriction
on C-16 Canal (Pioneer
Park).
(a) No person shall operate a motorboat or personal watercraft as further defined by Florida Statutes or permit a motorboat or personal watercraft to be operated in the C-16 Canal idle
speed no wake zone at any speed greater than idle speed no wake. The C-16 Canal idle speed no wake zone is hereby established to be all waters two hundred (200) feet east and west of
the boat launch area of the C-16 Canal (Pioneer Park).
(b) The C-16 Canal idle speed no wake zone shall be marked on the canal with uniform waterway regulatory markers in accordance with applicable state and federal laws and regulations.
(c) A violation of any provision of this section shall be punished pursuant to Section 327.73, Florida Statutes.
Sec. 16-94. Mufflers required.
It shall be unlawful to operate any watercraft with outboard motor or inboard motor not having properly muffled exhaust within the city, in such manner as to annoy or disturb the quiet,
comfort or repose of any person or persons in any dwelling, hotel, motel or any other type of residence, or of any person in the vicinity. (Code 1958, § 4A-2)
State law reference-Similar provisions, F.S. § 371.56.
Sec. 16-94.5. Mooring, docking, fueling or
refueling of water craft
prohibited.
(a) No person shall at any park or beach fuel or refuel any water craft. For purposes of this section water craft shall include but is not limited to motorized boats and jet skis. Furthermore,
as used in this section
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Parks and Recreation 13
jet skis shall mean any personal water craft designed for riding enjoyment of person(s), being propelled by a jet pump with a fully enclosed impeller.
(b) Anyone found to have violated any provision of this section shall be punished as provided for in this chapter or as otherwise provided by law. (Ord. No. 84-20, § 1, 4-17-84; Ord.
No. 91-9, § 1, 2-19-91; Ord. No. 97-23, § 1, 7-1-97)
Sec. 16-95. Enforcement.
The police department of the city is hereby given the power and duty of enforcing the provisions of this article and shall have the power to make lawful arrests for the violation of
the provisions hereof; and to prosecute offenders. In case a violation is not committed n the presence of a member of the police department or cannot be detected by observation of such
member, he may require an affidavit of any complaining person with assurance that such complaining witness will appear to testify at the trial before making any arrest. (Code 1958, §
4A-3)
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