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16-006 1 � 2 ORDINANCE NO. 16 -006 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART II, CODE OF ORDINANCES, CHAPTER 16, 6 "PARKS AND RECREATION ", SECTION 16 -59, "OVERNIGHT 7 BOAT DOCKING PROHIBITED "; AMENDING SECTION 16 -60, 8 "ESTABLISHING HOURS OF USE AT HARVEY E. OYER, JR. 9 PARK" PROVIDNG A TIME LIMIT FOR THE USE OF THE BOAT 10 LAUNCH AREA; PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 WHEREAS, City staff has been reviewing existing code language to assure that the 14 Parks and Recreation Chapter is clear and consistent throughout the Code of Ordinances; and 15 WHEREAS, Boynton Beach Harvey E. Oyer, Jr. Park is one of the City's most 16 popular and busiest parks; and 17 WHEREAS, the boat launch docks at Harvey Oyer park are frequently used and 18 limited in space; and 19 WHEREAS, the City's current ordinance has provisions which limit boat storage but 20 do not clearly address the use or obstruction of the boat launch docks; and 21 WHEREAS, to allow full and fair access to the boat launch docks, City staff has 22 del ermined that the ordinance should be amended to include specific guidelines for the use of 23 the boat launch docks and the storage of boats at the park; and 24 WHEREAS, the City Commission deems it to be in the best interest of the citizens 25 and residents of the City to amend Chapter 16 of the City's Code of Ordinances as 26 hereinafter referenced. 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, THAT: 29 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 30 herein by this reference. 31 Section 2. Chapter 16, "Parks and Recreation ", Section 16 -59 of the City's Code 32 of Ordinances is hereby amended by adding the words and figures in underlined type and by 33 deleting the words and figures in struck - through type, as follows: 34 Sec. 16 -59. Overnight boat docking prohibited. (00106407.2 306 - 9001821 ) 1 35 It shall be unlawful for any persons to camp overnight on the grounds of Harvey E. Oyer, 36 Jr. Park or to dock their boats on the shorelines or ramp area of said Harvey E. Oyer, Jr. Park 37 either overnight or on a permanent docking basis. 38 Section 3. Chapter 16, "Parks and Recreation ", Section 16 -60 of the City's Code 39 of Ordinances is hereby amended by adding the words and figures in underlined type and by 40 deleting the words and figures in struck - through type, as follows: 41 Sec. 16 - 60. Establishing hours of use at Harvey E. Oyer, Jr. Park. 42 (a) The Harvey E. Oyer, Jr. Park shall be closed at 10:00 p.m. to all persons, except: 43 (1) Fishermen; 44 (2) Boaters actively engaged in fishing or boating or preparation thereof; and 45 (3) Official permit holders utilizing the boat club building. 46 _(b) It shall be unlawful for anyone, except the enumerated persons, to enter the Park 47 between the hours of 10:00 p.m. and dawn of the next day. 48 (c) The Harvey E. Oyer, Jr. Park shall not be used for storage of any kind, including but 49 not limited to, storage of vessels, vehicles and trailers. 50 (d) The docks in the lagoon at the park are intended for loading and unloading boats. The 51 loading /unloading docks :: .. . • . . shall not be used for storage and all persons who 52 use the loading /unloading docks the boat launch area must clear the arca docks as quickly 53 and efficiently as possible. No boats, trailers, vehicles, personal property, or other objects 54 shall occupy or obstruct the loading /unloading docks boat launch area for more than thirty 55 (30) minutes at a time. 56 (€1)(e) No tether, lock or other personal property shall be permanently attached to any 57 fixtures, trees or other objects on the Harvey E. Oyer, Jr. Park premises. 58 I (c)(fl Any decal holder actively engaged in fishing, boating or preparation thereof for a 59 period of three (3) days or more shall notify the City in writing in advance. The City shall tag 60 the trailer and /or vehicle of any such decal holder as an "Extended Stay" vehicle. Any 61 vehicle or trailer that remains in the Park for three (3) days or more without prior permission 62 from the City shall be removed, towed or otherwise disposed of at the owner's expense. 63 Et)(g) Vehicles without a trailer may only park in areas designated for single vehicles. 64 Section 4. Each and every other provision of the Code of Ordinances of the City 65 of Boynton Beach not herein specifically amended shall remain in full force and effect as 66 previously enacted. (00106407.2 306 - 9001821) 2 67 Section 5. All ordinances or parts of ordinances in conflict herewith be and the 68 same are hereby repealed. 69 Section 6. Should any section or provision of this ordinance or portion hereof, 70 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 71 invalid, such decision shall not affect the remainder of this ordinance. 72 Section 7. Authority is hereby granted to codify said ordinance. 73 Section 8. This ordinance shall become effective immediately upon passage. 74 75 FIRST READING this 16 day of February, 2016. 76 77 SECOND, FINAL READING AND PASSAGE this �- � day of A 78 2016. 79 80 CITY OF BOYNTON BEACH, FLORIDA 81 82 YES NO 83 84 Mayor — Jerry Taylor 85 86 Vice Mayor — Joe Casello 87 88 Commissioner — David T. Merker 89 7 90 Commissioner — Mack McCray 91 92 Commissioner — Michael M. Fitzpatrick 93 94 b/4 95 VOTE 96 97 ATTEST: 98 99 101 J .. h A. Pyle, CMg 102 Iriterim City Clerk 103 104 105 106 (Corporate Seal) ,�� . �> 4 (00 306- 9001821 } 3