09-041
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I ORDINANCE NO. 09 - o..{1
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA AMENDING
5 PART II, CHAPTER 16, "PARKS AND RECREATION",
6 ARTICLE II, "CITY PARKS AND BEACHES", SECTION
7 16-60, "ESTABLISHING HOURS OF USE AT CITY
8 BOAT CLUB PARK" AND SECTION 16-61, "BOAT
9 LAUNCHING AND TRAILER PARKING USER FEE AT
10 THE BOAT CLUB PARK"; CREATING A NEW
II SECTION 16-62, "ENFORCEMENT", PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND
13 AN EFFECTIVE DATE.
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15 WHEREAS, City staff has reviewed Sections 16-60 and 16-61 of the Code of
16 Ordinances and recommended modifications to improve the functioning of the Boat Club
17 Park; and
18 WHEREAS, the City Commission for the City of Boynton Beach finds that amending
19 Sections 16-60, 16-61 and creating a new Section 16-62 of the City's Code of Ordinances is
20 in the best interest of the health, safety, and welfare of the citizens of the City of Boynton
21 Beach.
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23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. Each Whereas clause set forth above is true and correct and
26 incorporated herein by this reference.
27 Section 2. Part II, Chapter 16, "Parks And Recreation", Article II, "City Parks and
28 Beaches", Section 16-60, "Establishing Hours of Use at City Boat Club Park" and Section 16-
29 61, "Boat Launching and Trailer Parking User Fee at the Boat Club Park" are hereby
30 amended as follows:
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32 I Sec. 16-60. Establishing hours of use and temlS of use at city Boat Club Park.
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34 illLThe Boat Club Park shall be closed at 10:00 p.m. to all persons, except fuf-ill
35 fishermen; alli!--GLboaters actively engaged in fishing or boating or preparation
36 thereof; and illofficial permit holders utilizing the boat club building,
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2 iQL.,.aRd-lit shall be unlawful for anyone, except the enumerated persons, to enter
3 said park between the hours of 10:00 p.m. and dawn of the next day.
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5 (Cg) The Boat Club Park shall not be used for storage of anv kind. including but
6 not limited to storage of vessels. vehicles. and trailers.
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8 (dlt) No tether. lock. or other personal properlv shall be pelmanentlv attached to
9 anv fixtures. trees. or other obiects on the Boat Club Park Premises.
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II lsi) Anv decal holder activelv cngaged in fishing or boating or preparation thcreof
12 for a period of three (3) davs or more shall notify the Citv in v;Titing in advance.
13 The Citv shall tag the trailer and/or vehicle of anv such decal holder as an
14 "Extended Stav" vehicle. Anv vehicle or trailer that remains in the Park for three
15 (3) davs or more without prior permission from the Citv shall be removed. towed.
16 or othel'V;ise disposed of at the owner's expense.
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18 (I) Vehicles without a trailer may onlv park in designated areas for single
19 y'chic1es.o
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22 Sec. 16-61. Boat launching and trailer parking user fee at the Boat Club Park.
23 (a) The purpose of this section is to establish an annual and daily boat launching
24 I and trailer parking user fee for the City's Boat Club Park and to establish ,rules and
25 regulations related to the use of the Park.
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27 (b) The City shall charge a $50.00 annual decal fee. On weekends and holidavs.
28 those who do not have an annual decal mav pay a afld $10.00 dailv fcc. 'fhere is no
29 tiai!y-fee for non-decal holders during the weekdavs (Mondav through Fridav).
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31 (c) The City shall not differentiate between residents and non-residents of the
32 County or the State while processing decal applications.
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34 (d) (I) Decals will be issued to an applicant on an annual basis October I to
35 September 30 upon satisfactory completion of appropriate application
36 forms, commencing October I, 2001. All decals shall be permanently
37 affixed on the passenger side of the trailer (on a conspicuous part of the
38 winch post; alternately the tongue, as close as possible to the ball). Decals
39 placed on a trailer other than the one for which it was originally issued shall
40 be construed to be void.
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42 (2) In the event that the trailer to which the permanent decal was issued
43 has been sold or othel'V;ise changed ownership and/or in the event a
44 properly issued decal is mutilated and can be identified, the decal will be
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I replaced for a charge of twenty-five dollars ($25.00) provided the holder
2 can return an identifiable portion of the mutilated decal to the city. In the
3 event the holder of a lost or mutilated decal cannot provide an identifiable
4 portion or part of the decal, the charge for a replacement decal will be the
5 sum of fifty dollars ($50.00).
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7 (e) Daily user fee will require the user to obtai A a daily deeal which
8 CJq'lire~; 24 hour;; after i~;~;uaAce.
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10 (~) UIlremlitted boatsBoats, vessels and trailers that do not have a lawfully
II issued decal shall be -are-subject to a $25 fine.
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13 - (gi) Enforcermmt: The-Gity Poliee Department is hereby given the pO'Ner and
14 duty ';0 enforce this article aBd shall have the rEm er to make la't.ful arrests for the
15 yiolation of the rrovisioBs hereof. i\nyone found to haye " iolated aB}' rrovisioIl of
16 thi~; ~;ection ~;hall be pUAdledl1~; provided ftJr in thi~; chapter or a~] otherwise
17 provided by law.
18
19 (h[,) ~;hould aAY section or proviC11on of this section or portion hereof. any
20 pllragraph. ~;eRtence or 'word be declared by a court of competeAt juri~;diction to be
21 invalid, such decision ~;hall not afTec~ the remaimler of this seetion.
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24 Section 3. Chapter 16. "Parks and Recreation", Article II "City Parks and
25 Beaches" is hereby amended by creating a new section 16-62 as follows:
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27 ____ S<.'c.16-61. Enforcement.
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29 The City Police Department is herebv given the power and dutv to enforce this
30 article and shall have the pow<.'r to make lawful arrests for the violation of the
31 Rrovisions hcreof. Anvonc found_.to havc ,violated anv pruvision o( this s<.'ction
32 shall be punishcd as providcd ftJr in this chaPter or as otherwise providcd bv law.
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35 Section 3. Each and every other provision of Chapter 16, not herein specifically
36 amended shall remain in full force and effect as previously enacted.
37 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
38 Sanle are hereby repealed.
39 Section 5. Should any section or provision of this ordinance or portion hereof. any
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I paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
2 such decision shall not affect the remainder of this ordinance.
3 Section 6. Authority is hereby granted to codifY said ordinance.
4 Section 7. This ordinance shall become effective immediately.
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6 FIRST READfNG this L day of SEf'TE.I-(eE.R. 2009.
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8 SECOND, FfNAL READfNG AND PASSAGE this 14 day of
9 ~e.mbe.,.. ,2009.
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11 CITY OF BOYNTO EACH, FLORIDA
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