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Old 09-22-2008, 05:30 PM
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RickI RickI is offline
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I recently had an inquiry about kiteboarding off of Delray Beach and so decided to repost this here from the FKA list on Nov 5, 2003 :


Delray Beach, FL, USA - USED to have voluntary kiteboarding guidelines ...

NOW, it has a L A W restricting kiteboarding.


If there is any good news in this, it is that the law approximates the
intent of the FKA guidelines* that were prepared and distributed to riders
in the area for Delray Beach sometime ago and general guidelines that have been in circulation for YEARS.


ALL KITEBOARDERS, with some specific exceptions, should NEVER launch, land or ride within 300 ft. of ANY guarded public beaches in Florida. This
appears to be the main restriction effecting kiteboarders in the new City of Delray Ordinance*** reproduced below. Please read it over to grasp all the impacts on kiteboarding. Lots of riders know and observe this simple
precaution, unfortunately not everyone does however.



SUMMARIZING SOME OF THE MAIN POINTS OF THE NEW ORDINANCE:

1. Kiteboarders shall not launch, land or ride within 300 ft. to the south,
east or north of municipal beaches, including the guarded public beach at
Atlantic Dunes Park (just north of Linton Blvd).

and

from the Seagate property just to the South of Casurina St., north to the
end of the guarded public beach just South of George Bush Blvd.


2. An exception to the prohibitions loosely described in #1 above is a LIFE
OR DEATH emergency which may require a kiteboarder/kitesurfer to traverse on or within three hundred feet (300’) north, south or east of any municipal beach site.


>>THE PENALTY for violating this ordinance could include up to a $500. FINE
>>AND/OR 60 DAYS IN JAIL.<<



Guidelines are VOLUNTARY, compliance with LAWS IS NOT! Do us ALL a favor and follow and promote the Safe Kiteboarding Guidelines** , local guidelines as may be applicable and other appropriate practices. It is all about avoiding complaints, incidents and official involvement. It really isn't
that hard to do but we don't have the option in Delray Beach anymore.
Public government what think twice about kiteboarding IF we allow it to by
our actions.



The Delray Beach Guidelines follow and include a 500 ft. buffer zone from
guarded beaches as a precaution. UNDER NO CIRCUMSTANCES SHOULD ANY
KITEBOARDING APPROACH TO WITHIN 300 FT. of guarded beaches.


* Delray Beach Kiteboarding Guidelines – Nov. 5, 2003

These guidelines have been prepared by the Florida Kitesurfing Association, Inc. (FKA), to avoid promoting additional kiteboarding restrictions by City Officials. Kiteboarders should be aware of the requirements of City Ordinance NO. 39-03 restricting kiteboarding.

1.EXCLUSION ZONE: NO LAUNCHING, LANDING OR FLYING of Traction Kites is permitted ON or WITHIN 500 ft. of guarded beaches.

2.ALWAYS stay at least 100 ft. away from bystanders that are downwind, while flying your kite. Wait until the area is clear to launch or land.

3.Start downwinder runs, DOWNWIND of the guarded beach and DO NOT ride into nearshore areas off of the guarded beach under any circumstances.

4.Kiteboarders are encouraged to launch and land within the designated
kiteboarding launch area marked by traffic cones and temporary signs.

5.AVOID UNNECESSARY RESCUES. If your kite is on the water, every 15 to 20 minutes, face shore and hold one hand on your head for several seconds to indicate that you are "OK".

6.A tested, reliable depowering kite leash MUST be used. Use of safety
equipment including a good helmet, impact vest, gloves, whistle and hook
knife is recommended.

7.Kiteboarders are solely responsible for their safety and that of
bystanders and shall act with appropriate caution.

8.ALWAYS be courteous and yield the right of way to residents, all other
beach users and bathers. Work to avoid complaints to preserve your access to this kiteboarding launch.

9.Extended full sized traction kite flying on shore should be avoided. If
you want to fly on the beach, use a trainer kite.

10.Assisted kite launch and landing is recommended. Kiteboarders are
encouraged to aid other riders in complying with these guidelines and to
readily give assistance when needed.




These new developments are further explored in a recent Sunsentinel
newspaper account at:

http://www.sun-sentinel.com/news/loc...31,0,7995797.\
story?coll=sfla-news-palm



** Safe Kiteboarding Guidelines
http://www.kiteforum.com/phpbb/viewtopic.php?t=11313



***CITY OF DELRAY BEACH ORDINANCE NO. 39-03

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
“PARKS, BEACHES AND RECREATION”, BY AMENDING SECTION 101.15, “DEFINITIONS”, PROVIDING A DEFINITION OF “MOTOR VEHICLE” AND A DEFINITION OF “VEHICLE”, AMENDING SECTION 101.24, “TRAFFIC REGULATIONS”, IN ORDER TO PROVIDE FOR THE
SAFETY OF CITIZENS AND TOURISTS ENJOYING THE CITY OF DELRAY BEACH’S MUNICIPAL BEACH BY PROHIBITING THE USE, OPERATION, AND PROPELLING OF VEHICLES ON THE MUNICIPAL BEACH SITE; AMENDING SECTION 101.34, “SURFING, SCUBA DIVING AND JET SKIS”, IN ORDER TO PROVIDE FOR THE SAFETY OF CITIZENS AND TOURISTS ENJOYING THE CITY OF DELRAY BEACH’S MUNICIPAL BEACH BY
PROHIBITING KITEBOARDING AND PARASAILING ON THE MUNICIPAL BEACH SITE AND PROHIBITING KITE-FLYING AND WINDSURFING EXCEPT IN DESIGNATED AREAS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.

WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide for the health, safety and welfare of its citizens enjoying the
City’s beaches; and

WHEREAS, the City Commission of the City of Delray Beach, Florida, desires
to prevent uses that are dangerous to the City’s beach-going citizens and
tourists.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA:

Section 1. That Chapter 101, “Parks, Beaches and Recreations”, Section
101.15, “Definitions”, of the Code of Ordinances of the City of Delray
Beach, is hereby amended to read as follows:

“MOTOR VEHICLE”. Any self-propelled motorized device designed and used for
the purpose of transporting or moving any person or property from one place
to another but not operated upon rails or guideway, including but not
limited to the following: All Terrain Vehicles (ATVs) and powered
paragliders.

”MUNICIPAL BEACH”. All the fractional east half of Section 16, Township 46
South, Range 43 East together with that part of Lots 9, 10, 11, 12 and 13
lying east of State Road A1A, as described in a replat of part of Segers
Addition, recorded in Plat Book 16, Page 89, Palm Beach County records; and
that part of Lots 4, 5, 6, 7 and 8, Block E, and the south 10 feet of Lot 3,
Block E, as described in the Revised Plat of Block D & E, Palm Beach Shore
Acres, recorded in Plat Book 7, Page 38, Palm Beach County records; and
Atlantic Dunes Park, all lying east of the east curb of State Road A1A
(Ocean Boulevard), including the waters of the Atlantic Ocean within the
boundaries of this city.

“PARK”. Any land owned or controlled by the city under the management and
administration of the Parks and Recreation Department and devoted primarily
to outdoor recreation activities.

“RECREATION SITE”. Any facility, except a park, owned or controlled by the
city,
under the management and administration of the Parks and Recreation
Department and devoted primarily to indoor recreation activities.

“VEHICLE”. Any device designed and used for the purpose of transporting or
moving any person or property from one place to another but not operated
upon rails or guideway, including but not limited to the following:
parachutes.

Section 2. That Chapter 101, “Parks, Beaches and Recreation”, Section
101.24, “Traffic Regulations”, of the Code of Ordinances of the City of
Delray Beach, Is hereby amended to read as follows:

(A) No person shall drive, propel or cause to be driven or propelled along
or over any road within any park, any vehicle at a greater rate of speed
than posted, and in any event, not more than 25 miles per hour.

(B) No person shall use, operate or propel or cause to be used, operated,
or propelled on or within three hundred feet (300’) north, south or east of
any municipal beach site within the limits of the City any vehicle or motor
vehicle; provided, however, nothing in this section shall prevent (1)
official motor vehicles or vehicles of a governmental agency from traversing
the beaches, banks or dunes in the performance of official governmental
duties (2) non-governmental purposes of maintenance and/or preservation of
same as authorized or required by a government agency (3) motor vehicles or
vehicles utilized for the purpose of transporting a physically disabled
person who would otherwise be incapable of accessing and traveling upon the
beach without such assistance, or (4) motor vehicles or vehicles utilized
for other authorized purposes as approved by the City Manager, from
traversing the beaches and access points thereto of any municipal beach site
within the City limits.

1. An exception to the prohibitions in Section (B) is a life or death
emergency which may require motor vehicles to be used, operated or propelled
on or within three hundred feet (300’) north, south or east of any municipal
beach site.

(B)(C) No person shall park or store any motor vehicle, motorcycle,
bicycle, wagon or other vehicle within a park, recreation or municipal beach
site except in places designated for such purposes.

(C)(D) Laws of the city requiring lights on vehicles shall apply to
vehicles in a park, recreation or municipal beach site.

(D)(E) Vehicles shall be restricted to drives, roadways, paths, walks and
trails established for such purposes. Footpaths or walks designated for
pedestrian travel shall not be used for vehicular travel.

(E)(F) No motor vehicles shall be driven upon the municipal beach without a
written permit from the Parks and Recreation Department.

(F)(G) All ordinances of the city with respect to vehicles shall be in full
force and effect in the parks of said city.

(G)(H) No person shall ride any horse or other animal within any park and
recreation site, except upon bridle paths designated as such.
Penalty, see Sec. 10.99

Section 3. That Title IX, “General Regulations”, Chapter 101, “Parks,
Beaches and Recreation”, Section 101.34, “Surfing, Scuba Diving and Jet
Skis”, of the Code of Ordinances of the City of Delray Beach, be hereby
amended to read as follows:

Section 101.34 SURFING, SCUBA DIVING AND JET SKIS.

(A) No parasailing or kiteboarding/kitesurfing shall be permitted within
three hundred feet (300’) north, south or east of any municipal beach site
within the limits of the City. No surfing, windsurfing or kite-flying shall
be permitted except in areas designated by the City Manager. It shall be the
duty of the chief lifeguard to see that proper markers are maintained to
indicate the location of any area to be designated. No person shall use any
surfboard, paddleboard, skimmer, belly board, rubber life raft, canoe, boat
or other similar object made entirely or partially of wood, metal, glass,
hard plastic or any other hard substance at any time on the beach or in the
Atlantic Ocean in a manner that constitutes a hazard to any other person.

1. An exception to the prohibitions in Section (A) is a life or death
emergency which may require a kiteboarder/kitesurfer to traverse on or
within three hundred feet (300’) north, south or east of any municipal beach
site.

(B) Scuba diving and jet skis are prohibited from all areas of the
municipal beach.

Section 4. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of
competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.

Section 5. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.

Section 6. That this ordinance shall become effective immediately upon its
passage on second and final reading.

PASSED AND ADOPTED in regular session on second and final reading on this
the _______ day of ____________________, 2003.

ATTEST:
_______________________________________
MAYOR
__________________________________
CITY CLERK

First Reading ______________________

Second Reading ____________________






Let's work to AVOID more official involvement and restriction of our sport!
__________________
FKA, Inc.

transcribed by:
Rick Iossi
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