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20-024 1 2 ORDINANCE NO.20-024 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CODE OF ORDINANCES, CHAPTER 6 SIXTEEN, "CITY PARKS AND RECREATION", ARTICLE TWO, 7 "CITY PARKS AND BEACHES", SECTION 16-60, "ESTABLISHING 8 HOURS OF USE AT HARVEY E. OYER JR. PARK"; TO ELIMINATE 9 CONFUSION AND ENSURE CLARITY; PROVIDING FOR 10 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS,the City Commission desires to revise Chapter 16,Article 2, Section 16- 14 60, "Establishing hours of use at Harvey E. Oyer Jr. Park" of the City of Boynton Beach 15 ("City") Code of Ordinances ("Code") so that it is clear and concise; and 16 WHEREAS, the City Commission finds that Section 16-60 of the Code is confusing 17 and unclear; and 18 WHEREAS, the City Commission finds that Section 16-60 should be revised to 19 eliminate confusion and ensure clarity; and 20 WHEREAS,the City Commission deems it to be in the best interest of the citizens and 21 residents of the City to amend Chapters 16, Article 2, Section 16-60 of the City's Code of 22 Ordinances as hereinafter referenced. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH,THAT: 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and 26 incorporated herein by this reference. 27 Section 2. Chapter 16, "Parks and Recreation", Article 2, "Parks and Beaches", 28 Section 16-60, "Establishing hours of use at Harvey E. Oyer, Jr. Park", of the City's Code of 2) Ordinances is hereby amended by adding the words and figures in underlined type and by 3) deleting the words and figures in struck-through type, as follows: 31 32 33 34 {00365832.1 306-9001821} S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60(00365832xc4b6a)(V2)-Ordinance.Docx 1 35' Sec. 16-60. Establishing hours of use at Harvey E. Oyer,Jr. Park. 36 (a) The Harvey E.Oyer,Jr.Park(herein"Park")shall be closed at 10:00 p.m.to all persons, 37 except: 38 (1) Fishermen; 39 (2) Boaters actively engaged in fishing or boating or preparation thereof; and 40 (3) Official permit holders or individuals utilizing the boat club building authorized by 4. City. 42 (b) It shall be unlawful for anyone, except the enumerated persons, to enter the Park 43 between the hours of 10:00 p.m. and dawn of the next day. 44 (c) The Harvey E.Oyer,Jr.Park shall not be used for storage of any kind, including but not 45 limited to, storage of vessels,vehicles and trailers. 46 (i) All abandoned personal property or personal property left at the Park after 10:00 47 p.m. shall be subject to next-day towing,the City may cause the property to be 48 removed by a towing or salvage company at the owner's expense. City shall not 49 be liable for any damage caused to personal property left in the Park after 10:00 50 p.m. 5 L (ii) Vehicles tagged by the City as an"Extended Stay" vehicle pursuant to Section 52 16-60(f)herein shall be exempt from next-day towing. 53 (d) The docks in the lagoon at the park are intended for loading and unloading boats. The 54 loading/unloading docks shall not be used for storage or mooring and all persons who use the 5p loading/unloading docks must clear the docks as quickly and efficiently as possible.No boats, 56 personal property, or other objects shall occupy or obstruct the loading/unloading docks for 57 more than thirty (30)minutes at a time. (00365832.1 306-9001821) S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60(00365832xc4b6a)(V2)-Ordinance.Docx 2 58 (e) No tether, lock or other personal property shall be permanently attached to any fixtures, 59 trees or other objects on the Harvey E. Oyer, Jr. Park premises. 60 (f) Any decal holder actively engaged in fishing; or boating for a 6_ ._ • .. • __ _ . _ and wishes to leave their trailer and/or vehicle overnight in 62 the Park shall seek prior written consent from the City seven (7) days in advance of their 63 intended departure • . ' • - • •- .- --. The City may e,hall tag the trailer 64 and/or vehicle of any such decal holder as an "Extended Stay" vehicle. Any vehicle or trailer 65 that remains in the Park overnight without prior permission from the 66 city shall be removed, towed or otherwise disposed of at the owner's expense. 67 (g) Vehicles without a trailer may only park in areas designated for single vehicles. 68 69 Section 3. Each and every other provision of the Code of Ordinances of the City 70 of Boynton Beach not herein specifically amended shall remain in full force and effect as 71 previously enacted. 72 Section 4; All ordinances or parts of ordinances in conflict herewith be and the 73 same are hereby repealed. 74 Section 5. Should any section or provision of this ordinance or portion hereof,any 73 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 7 5 such decision shall not affect the remainder of this ordinance. 77 Section 6. Authority is hereby granted to codify said ordinance. 7 3 Section 7. This ordinance shall become effective immediately upon passage. 7� 8) / 81 FIRST READING this /6 day of June , 2020. 8 8 3 SECOND,FINAL READING AND PASSAGE this 7'day of �14.1 , 2020. 84 815 86 87 88 00365832.1 306-9001821) S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60(00365832xc4b6a)(V2)-Ordinance.Docx 3 89 CITY OF BOYNTON BEACH, FLORIDA 90 91 YES NO 92 93 Mayor—Steven B. Grant 94 95 Vice Mayor— Ty Penserga 96 ✓ 97 Commissioner—Justin Katz 98 99 Commissioner—Woodrow L. Hay 100 101 Commissioner—Christina L. Romelus 102 103 104 105 VOTE 5--z9 106 ATTEST: 107 108 109 110 C tal Gibson, MM 111 City Clerk 11,2 11 114 (Corporate Seal) 113 7r {00365832.1 306-9001821) S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60(00365832xc4b6a)(V2)-Ordinance.Docx 4