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Ordinance 32-2015 Parks & RecreationORDINANCE NO. 32-2015 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 74, PARKS AND RECREATION, AT ARTICLE III, BOATS AND BOATING, TO INCLUDE NEW SECTIONS 74-270, 74-271, 74-272 and 74-273 RELATING TO THE PROHIBITION OF FLOATING STRUCTURES; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT/ PENALTIES; PROVIDING FOR INCLUSION IN THE CODE ENFORCEMENT CITATION FINE ORDINANCE OF THE TOWN OF PALM BEACH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County has adopted Ordinance Number 2015-030 relating to the prohibition of floating structures which are considered a risk to persons and property and which pose navigational hazards; and WHEREAS, said Ordinance applies only within the jurisdiction of Palm Beach County and does not apply within the municipalities located within Palm Beach County; and WHEREAS, it has been determined by the Town Council of the Town of Palm Beach that floating structures in the waters located within the Town of Palm Beach pose a special risk to persons and property, as these structures are not usually self-propelled and cannot be quickly relocated during weather events and because floating structures pose navigational hazards above and beyond those caused by vessels which primary purpose is navigation; and WHEREAS, prohibiting the anchoring or mooring of floating structures outside of privately owned properties, marinas and docks is in accord with the policy of the State to limit activities on sovereign submerged lands to water dependent activities; and WHEREAS, the Town Council of the Town of Palm Beach finds that floating structures, other than those anchored or moored at privately owned property, a marina or dock, should be prohibited from anchoring or mooring in the waters within the jurisdiction of the Town or on property owned by the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 74, Parks and Recreation, at Article III, Boats and Boating, to provide new Sections 74-270 through 74-273 to read as follows: CHAPTER 74 PARKS AND RECREATION ARTICLE Ill. Boats and Boating "Sec. 74-270. Prohibition of floating structures. No floating structure shall be anchored or moored in the waters lying within the jurisdiction of the Town or on any property owned by the Town, including any submerged lands. Notwithstanding the foregoing, nothing in this ordinance shall prohibit a floating structure from anchoring or mooring at a public or private marina within a berth or slip, a public or private dock with permission from the property owner or on privately owned property, including submerged lands. Sec. 74-271. Definitions. "Anchor" means the act of temporarily securing a floating structure in the water by means of an anchor or other device and associated tackle that is carried on the floating structure and cast or dropped overboard. "Floating structure" means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term includes, but is not limited to, an entity used as a residence, place of business or office with public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting facility; a storage or parking facility; or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term "vessel" as defined in Section 317.02, Florida Statutes. Incidental movement upon water or resting partially or entirely on the bottom does not, in and of itself, preclude an entity from classification as a floating structure. Registration of the entity as a vessel in accordance with Chapter 327, Florida Statutes, shall not preclude an entity from classification as a floating structure. "Moor" means the act of securing a floating structure in the water by means of a permanent or semi-permanent mooring system affixed to the bottom of the water body. Ordinance No.32-2015 Page 2 of 4 Sec. 74-272. Enforcement; penalties. Any law enforcement officer acting within his or her jurisdiction or Town of Palm Beach code enforcement officer is authorized to enforce this ordinance. The violation of any provision of this ordinance shall be punishable as provided in Section 1-14, the general penalties provision of the Town Code or Ordinances or, alternatively, pursuant to the provisions of Chapter 2, Article V, of the Town Code of Ordinances relating to code enforcement. Sec. 74-273. Inclusion in the code enforcement citation ordinance of the town. Chapter 2, Administration, Section 2-439, Citation Fine Schedule, of the Town Code of Ordinances is hereby amended to include a violation of Section 74-270, Prohibition of Floating Structures, as a Class III Violation." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ordinance No.32-2015 Page 3 of 4 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 8th day of December, 2015, and for second and final reading on this 12th day of January, 2016. Ga' U Coniglio, Mayor Michael Pucillo, T Council President Richard M. Kleid, President Pro Tem ov ti'Ga ` 04'q :j `c i Town Clerk "fes - p:)docs\13156\00008\doc\1 n61047.doc Danielle H. M ore own Co cil Member Penelope . Townsend, own Council Mem er Robert N. Wildrick, Town Council Member Ordinance No.32-2015 Page 4 of 4 Y IX W J V ci Q aW @W L Z J 0 Q a CL a LL 4 O o Z Z V Q Z N Cl) 00 0 00 Q Iq N O K as A4 Palm Beach Daily News, Wednesday, December 30, 2015 HOROSCOPE Celebrities born on this day: Eli- wan[ and what you are offering. 7a Du.chku, 3S; Lada Ali, 38; Tiger It's heaer to know where you stand Woods, 40; Matt Lauer, S8. than m live a confused life Happy birthday:Don't le[ any- Cancer (lune 21 -July 22). Don'[ thing stand in your way. Recograw make changes lustbecause mine- nppotim,tw,and make. apoint to rine rice dors. Peru., no unit in, forge into the future voth conn- family and reconnecting withrda- den and brute forceit's up to you lives you don't ger to len very ifen to make thing happen, The memories whit nif so don'twasteume up ideas and inspire waiting for others to catch up. Don't le[ ennnf1T1PYnv6nT1N: you to make plans m [he new ar. xxxx Et motional masers Thug. N-, Pm Leo (July :3 -Aug. 22): de[eryou fromge[ung ahead. Wt [hinge in it's the festive season, and cntertamm nti, perspective and dont dwd+x l+,u.nJ sooanang and find - look back. Your num- int, tori mg ume to he aBec- hers are 8115. 24, 28, tionate with someone 32, 44. you love is encour- Aries (March 21-Apnl 19): Lady aged. A mp to the spa or to spruce Iuckts In your comer. When it up your image will be lust what you comes to money, contracts, negat,n eed to lift your spirits. xxx annus and sealempots, the planers Virgo (Aug. 23 -Sept. 22). You'll favor you. Hesitation will be vour face opposition dyou shareyour downfall and argumems will be a personal Thoughts and plans Work waste of time. When an opportu- undercover until you come up with oily arises, give it your hPushot. amnlprnnfplan AneEwnrkmg ,rex function will be a good place in Taurus (April 20 -May 20): Open pick up information. xxx up conversations with people who Libra (Sept. 23 -Oct. 22): You are have anmsidevtewnfanmducuy running outnft,m,. Make a firm, that interests you. Networking and to enforce the changes you want to -.Hoang with your peers will make before the turn or dee year. lead to a new friendship with a It's importan, no emer 2016 with. colleague you want m collaborate clean sia[e. You will have m be m - with. xxxrYx anve m avoid interference. xxx Gemini (May 21 -lune 20). You Scorpio (Oct. 23 -Nov. 21): share will face opposition dyou aren't your ideas and plans with someone forth right about what your motives you love or want to spend more are. Do your best to reveal what you nmevnth FavorswrIlbegramed TRUST Volk was designer Rcm Page Al par[ of Primavera Estates, rved from Charles and Louisa Clarkes original S0- ro lake -to -ocean estate named Peimaw- ,a. "Die house was built in 1927 for Louise and .AlredFelt min, whose fat her is credited as the ginat., of the Coney 1, land hot dog served no an elongated bun. Originally chnstened Loual, a mina. location of the Feltmans' tits[ name.,, the two-story house on a half -acre par- cel was designed by archi- recE John Volk dyou decide to enter into atom[ vrn[ure.lInuni rha�`[home w n Svc. 5 Stick rin,a [n hcon— e the rules andregula ons.Ymuwill lace opposition it you are indulgent or try to ignore the assignments that are due before the year comes m a dose. Secrets will be revealed Capricorn (Dec. 22 -Jan. 19): Don't leave anything undone. Avord argil is ar conflicts with some- one who doesn't understand what you are doing. Finish what you start and head in a direction that will allow you to lay down a solid foundation for future negodaoons. xxxxx Aquarius (tan. 20 -Feb. 18): Look at your options and ponderwhat you want to arhirw next year. You an bring about changes based on past experience and future goals. Take physical steps to ensure you will he ready when the time comes xxx Pisces (Feb. 19 -March 20): The dicrincure of a personal secret will leave you confused and uncertain about what to du next. Dunt let your emotions take over and lead to a situation you cannot reverse Bide your time and seek legal advice. xxx Birthday baby: You are sms, rive, kind and a risk -taker. You are open-minded and persuasive. 4--,T SOLID STERLING LETTER OPENERS Memorable Gifts i 6 By Von Musulin TOWN OF PALM BEACH NOTICE OF PROPOSED ORDINANCE(S) 11 . 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YACHT __ y Crew at first thought race was over From Page Al C—om SPearer / et.[ rrh-and-recrue e"N tmaga missions in Australian hiuury. Comanche co-owner Clark's wife, Knsty Knaty Hmze-Clark was M.ze-Clark, was aboard on the yacht in the race. Comanche for its two- day journey. A favorite and when I see the tools among the Hobartlocals crime nu[ with these because of her Aus[ra- guys that's usually a lian roots, she became good sign that they have [he first female co-own- an idea.* er to win by crossing the They decided to con - finish line at Castray unue. Esplanade at 5:58 p.m. At that point. Read Australian time said, the team .00tids Clark met his wife at was 'let's lust try to the finish line finish, which, as they Comanche's wins picked up mor, and made all them,speed, became markable because of "we probably went be crippling damage the last," and then, as a torn vessel sustained during sad forced eight -rime the rromem. winner Wild Oats out, flits rs . hard race; and leader Rambler lost skipper Ken Read said speed because of a dam- s[ Cr docks do press con- aged daggerhnard, it ference. 'I have sailed was "'lloly crap, we lust around the world two might win this thing," and a half times and I Read said. [hough[ 1 had seen it all, 1 did not quite know but this is one hard body what was going on; Jim of water," said the two. Clark said after the race. time Rolex Yachtsman of "First, I was told [hey re - rhe Year. tired and [hen 1 was old .Although Comanche tha ,hey—o—rang.. got oil the start with "Ural we came along- Inflet speed, a badly side the ban, 1 waent damaged daggerboard fully aware of exactly cut loose and kind of what had gone in. Rwar, cleaned out the milder my first real indication no the way through; til Just what had hap- Rcad said. They opted to pened." ywtthe race. Comanche, sailing "That's when we said under the aegis the New we're done. We stopped York Yacht Club, covered and took all the sails the ram's 628 nautical down. We actually start- miles in two days, eight Call kind of drifting hack hour% 58 minute, and towardsSydney And 30 seconds. then all of a sudden I—sdcandly@ sec the fools come om podatlynews cone WEATHER For first time, no 50s by year's end From Page Al With [henewyear jus[ ,hree days away, a ap- pear, that the much -ad - ver used cold front won't cool things down much until at least Sunday— or mavbe even Monday. The latest New Year's Eve forecast calls for a Palm Beads low of 74 and a New Year's Day high of Al. The weekend may he blustery as the front stalls in the Florida Straus. 'Global models have progressivelyourpered the strength of the Front and the cold air associated with I,. NWS forecasters said in their analysis Tuesday. "Temperatures will still be somewhat ahuve anal through the weekend, albeit cooler then the previous two weeks" Highs could fall into the los next week but — at least for now — d appears that low temperatures want be hl to drop below that vaunted 60 -degree mark over he next seven days Palm 11-1, Inierne- uonal Airport has not had a temperature below 60 since March 31, and ,his will likely be the firs[ rime note record-keep- ing started in the Palm Rearh area ORRR) that n 50-s oreffi ngread- ings have been recorded by the end of the year. Sub -60 -degree tempera- tures in West Palm Beach occur on —age an Nov. 2. Prior to this year, the latest on record was Dec 72,1954. Accrweame, nes delayed the cold from as will, Louis still calling for a Mondaymornmg low of 55 in Palm Beach. Weather IThdr,ramund, however, predicts lows in the mud- to upper -ties next week with highs re - for mng on near so inward the end of next week In .,her words, there's a good chance that the sweaters you unwrapped Christmas Day win have to be hung up in he dose[ until further mdse All tour official South Florida reporting stations — West Palm Beach. tort Lauderdale, Miami and Naples — notched new cords Monday, Miami for a record high (84) and the others for record The low at Palm Beach Intematmnal Airport of 77 beat the old mark of 75 set 1.'2013. Records have been set on four out of the last five days at PBIA NEADUNES'H g�)g ennnf1T1PYnv6nT1N: \a PRnOP-0AnER nF,kmAR Thursday, D.ce. b,,i Thug. N-, Pm uu. Dece.tr,_9 � In0p. f. Mi, I,nuni Mgn, D.�.mM. 18-3+t`p.na-.mh.3n. t>�ms. i+tipm dwd+x l+,u.nJ n. 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