Cliff Notes Version: Stay South of the Seagate Club (when on land or in water) at all times. Never kite in front of the Seagate/Delray Beach Water Sports/public beach.

Sec. 101.34. SURFING, SCUBA DIVING AND JET SKIS.

(A) No parasailing or kiteboarding/kitesurfing shall be permitted within three hundred (300) feet 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 object at any time on the beach or in the Atlantic Ocean in a manner that constitutes ahazard 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 (300) feet of any municipal beach site.

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

(Code 1980, § 17-30; Ord. No. 41-85, passed 5/14/85; Ord. No. 39-03, § 3, passed 10/7/03)

Sec. 101.99. PENALTY.

See Section 10.99, "General Penalty".
Sec. 10.99. GENERAL PENALTY.

(A) Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any provision of this Code or any ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by botha fine and imprisonment. Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.

(B) The City adopts all enforcement methods provided by law which include, but are not limited to, the issuance of a citation, summons, notice to appear in County Court, or arrest for violation of municipal ordinances, as provided for in F.S. Chapter 901.

(C) In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance shall be deemed a public nuisance and may be, by the City, abated as provided by law. Each day that a condition continues shall be regarded as a new and separate offense.

(Code 1980, § 1-6; Am. Ord. No. 18-95, passed 4/4/95)

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