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O75-21ORDINANCE NO. 75r ~/ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ADDING CHAPTER 4A TO TH~ ~ODtFI~D ORDINANCES OF sAID CITY, R~EGUL~TING THE SP~ED AND MANNER OF OPERATION OF BOATS AND VESSELSWI~THIN THE MUNICIPAL LIMITS OF SAID CITY; PROVIDING PENALTIES FORTHE VIOLATIONS THEREOF; PROVIDING FOR AUTHORITY TO CODIFY~ SAVINGS CLAUSE, REPEALING PKoviSIONS,:AN E~FECTIVE DATE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section i-. That the Co~i-fie~Ordinances of the City of Boynton Beach, Florida, be amended by adding Chapter 4A thereto to read as follows: "Chapter 4A BOATS AND WATERWAYS Sec. 4A-1. Operation of Boats--Speed Limitations. It shall be unlawful to operate any boat or vessel upon any waterway within the City of Boynton Beach, Florida, at a rate of speed which causes or may cause waves to damage docks, wharves, seawalls or boats moored or tied to a dock or wharf along said waterway. Sec. 4A-l.1. Same--Mufflers Required; Disturbing Peace Prohibited. It shall be unlawful to operate any watercraft with outboard motor or inboard motor not having properly muffled exhaust within the municipal limits of the City of ~z~t~nlBsa~h~Florida, in such manner as to annoy or disturb the quiet, comfort or repose of any person or persons in any dwelling, hotel,.Jmotel ar-any other type of residence, or of any person in the vicinity. Sec. 4A-1.2. Same---Enforcement Of Sections 4A-1 and 4A-l.1. The police department of the City of~Boynton Beach, Florida, is hereby gmven the power ~nd duty of enforcing %he provlsmons of this ordinance and shall have the power to make lawful arrests for the violation of the .provlsmons hereof; and to prosecute offenders in the ~unicipal court of said city. In case a violation is not commit~ted in the presence of a member of the police department or cannot be de- tected by observation of such member, he may require an affidavit of ~ complaining person with assurance that such complaihing witness will appear to testify at the trial before making any arrest. Sec. 4A-1.3. Penalty for violation of Sections 4A-1 and~ 4A-1.1. Any person o~ persons violating any of the provi- smons of this ordinance shall be p~nished by a fmne not exceeding fmv~ hundred dollars ($500.00) or by imprisonment for ~ot more than ninety days in jail; or by both such fEne and imprisonment in the discretion of the municipal court." Se~c%~n .2. Au%hority 'tm Co'd~fy: Specific authority is hereby granted to codify and incorporate this Ordinance in the City's existing Code. Section3. Separability: E~ch of · - - . the provmsions of this Ordinance are separable, including word, Clause, phrase or sentence, and if any portion thereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. Section 4. parts of ordinances S_ection 5. ~epealing Provisions: Ail ordinances or an conflict herewith are hereby repealed. ~n Effective Date: This Ordinance shall become effective in the manner and at the time provided in the Charter and Ordinances of the City of Boynton Beach, Florida. First reading this /~ day of July, 1975. Second, final reading and passage this ~<%.~ day of , 1975. CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: y Clerk CSuncil M~e~er .... '~