19-0161
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ORDINANCE NO. 19-C)Mo
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING PART II, CODE OF ORDINANCES, CHAPTER 16,
"PARKS AND RECREATION", ARTICLE II, "CITY PARKS AND
BEACHES", SECTION 16-18 ADDING A DEFINITION FOR
MOORING; AMENDING SECTION 16-60, "ESTABLISHING HOURS
OF USE AT HARVEY E. OYER, JR. PARK", SUBSECTION (d) TO
CLARIFY WHAT IS NOT PERMITTED; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, City staff has been reviewing existing code language to assure that the
Parks and Recreation Chapter is clear and consistent throughout the Code of Ordinances; and
WHEREAS, Boynton Beach Harvey E. Oyer, Jr. Park is one of the City's most popular
and busiest parks; and
WHEREAS, the boat launch docks at Harvey Oyer park are frequently used and
limited in space; and
WHEREAS, on occasion, boats are left along the water's edge at the park for several
hours which can be a problem if a boat becomes loose and enters into the channel feeding in
and out of the boat ramps; and
WHEREAS, to allow full and fair access to the boat launch docks, City staff has
determined that the ordinance should be amended to clarify that mooring is not permitted; and
WHEREAS, the City Commission deems it to be in the best interest of the citizens and
residents of the City to amend Chapter 16 of the City's Code of Ordinances as hereinafter
referenced.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
Section 2. Chapter 16, "Parks and Recreation", Article II, "City Parks and
Beaches", Section 16-18, "Definitions" of the City's Code of Ordinances is hereby amended
S:\CA\Ordinances\Chapter 16 - Boat Docks At Harvey Oyer Park (Mooring) (2019).Docx
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by adding the words and figures in underlined type and by deleting the words and figures in
struck -through type, as follows:
Sec. 16-18. Definitions.
As used in this article:
Director means the Recreation and Parks Director of the city.
Park means land owned by the city, and intended for current or future active or passive
recreation.
Mooring means the act, or a means, of fastening a ship/vessel.
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.
Section 3. Chapter 16, "Parks and Recreation", Section 16-60 of the City's Code
of Ordinances is hereby amended by adding the words and figures in underlined type and by
deleting the words and figures in struck -through type, as follows:
Sec. 16-60. Establishing hours of use at Harvey E. Oyer, Jr. Park.
(a) The Harvey E. Oyer, Jr. Park shall be closed at 10:00 p.m. to all persons, except:
(1) Fishermen;
(2) Boaters actively engaged in fishing or boating or preparation thereof; and
(3) Official permit holders utilizing the boat club building.
(b) It shall be unlawful for anyone, except the enumerated persons, to enter the Park between
the hours of 10:00 p.m. and dawn of the next day.
(c) The Harvey E. Oyer, Jr. Park shall not be used for storage of any kind, including but not
limited to, storage of vessels, vehicles and trailers.
(d) The docks in the lagoon at the park are intended for loading and unloading boats. The
loading/unloading docks shall not be used for storage or mooring and all persons who
use the loading/unloading docks must clear the docks as quickly and efficiently as
possible. No boats, personal property, or other objects shall occupy or obstruct the
loading/unloading docks for more than thirty (30) minutes at a time.
(e) No tether, lock or other personal property shall be permanently attached to any fixtures,
trees or other objects on the Harvey E. Oyer, Jr. Park premises.
(f) Any decal holder actively engaged in fishing, boating or preparation thereof for a period
of three (3) days or more shall notify the city in writing in advance. The city shall tag the
trailer and/or vehicle of any such decal holder as an "Extended Stay" vehicle. Any vehicle
or trailer that remains in the Park for three (3) days or more without prior permission
from the city shall be removed, towed or otherwise disposed of at the owner's expense.
SACA\Ordinances\Chapter 16 - Boat Docks At Harvey Oyer Park (Mooring) (2019).Docx
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(g) Vehicles without a trailer may only park in areas designated for single vehicles.
Section 4. Each and every other provision of the Code of Ordinances of the City
of Boynton Beach not herein specifically amended shall remain in full force and effect as
previously enacted.
Section 5. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6. Should any section or provision of this ordinance 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 ordinance.
Section 7. Authority is hereby granted to codify said ordinance.
Section 8. This ordinance shall become effective immediately upon passage.
FIRST READING this `7 day of M 2019.
SECOND, FINAL READING AND PASSAGE this Al day of�, 2019.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor —Justin Katz
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Commissioner — Mack McCray
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Commissioner — Christina L. Romelus
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Commissioner — Ty Penserga
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VOTE
ATTEST:
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Judith A. Pyle, CMC
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City Clerk
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(Corporate Seal)
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