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
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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)
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tNnSH Id. emd ta4y,i n, Wad.dny, Pr n. ]0, 2015
SPECIAL LAKEFRONT
REGENCY
A—
< C'
Dmh New, Fite Ph—
Designed by noted society architect John Valk for Alfred and Louise Feltman in 1927, this
landmarked house at 255 Clarke Ave. has been sold to a Boca Raton trust overseen by
real estate lawyer Marlyn J. Wiener, The house sold for 511.25 million, three years after It
was sold for Sill million to Thomas and Mary Alice O'Malley.
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
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ASSM D ADVERTISING
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