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Home My WebLink AboutO-01-13ORDINANCE NO. O-01-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-2-7.8 REGULATION OF WATERCRAFT AND CHAPTER 110 ARTICLE H WATERCRAFF; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS the City Council finds that certain provisions relating to the operation of watercraft that are found in the Land Development Code do not relate to the use of land, and should be transferred; and WHEREAS, the City Council has determined that it is the public interest to ban operation of all watercraft powered by internal combustion motors from the residential waterways of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, section 54- 2-7.8 is hereby amended to read as follows: Sec. 54-2-7.8. Regulation of watercraft cia_ The following restrictions shall apply to regularly moored watercraft: a. Regularly moored watercraft sh~l not be per,tied as business offices or other related commerci~ enteCrises. Tbs provision shall not preclude the regular mooring of watercraft for fishing operations, cha~ers, pleasure and other water- dependent uses, prohded said mooring is located at an approved private dock, commerci~ marina, or approved anchorage identified by the U~ted States Coast Gu~d and depicted on nautical charts. b.~nly minor reo~rs ~d/or maintenance of watercr~ in residenti~ ~eas is per~tted and only when such reoairs or maintenance is oeffomed bv the ~erson who is both the owner (or tenso of the real orogeny and owner of the ~atercr~. or at his direction. .... :**~ .... : ..... [Not sfe ~-~:*: ........ * ---~- ~n a v ........... r~-- e: Iran ~ed to sec. HO-~8] 35] .................. e ..........I c. d,. Permanent live-aboards are not permitted in waterways within the jurisdiction of the City of Sebastian. d. ~.Transient live-aboards are permitted within the City of Sebastian within any commercial marina within the city limits that maintains moorings and/or slips at docks for transient live-aboards, to encourage the use of the waterways of the city and to promote an increase in the economic base of the community provided the following conditions are met: i. All such facilities shall provide litter receptacles and marine sanitation pump- out facilities as required by the Federal Environmental Protection Agency and the Florida Department of Environmental Protection. ii. Such facilities may make available to users of offshore moorings a dock expressly for the purpose of accessing said moorings by dinghy or other small vessel; and may charge a reasonable price for the use of said dock. iii. Such facilities shall maintain records of all such moorings of transient live- aboards. [Note: tran,~&rred to sec. 110-36 and amended] Section 2. That the Code qfOrdinances, City of Sebastian, Florida, section 110-35 is hereby amended to read as follows: Sec. 110-35. Compliance with state rules and regulations governing boats. All operators of watercraft are hereby charged with knowledge of and compliance with all rules and regulations of the state governing the licensing, operation and title certification of boats, including F.S chs. 327 and 328, as amended. Under no circum3iances shaft._any vessel anchor or moor in_are, as that have been determined by _t_h. e..Florida Departme_n~__ofEnviro. a_mental Protection as protected areas for wildlife and plant life in the submerged lands. Section 3. That the Code of Ordinances, City of Sebastian, Florida, section 110-36 is hereby amended to read as follows: Sec. 110-36. Speed restrictions; water ~1.~'I~......~, .... _..~' ~.__._.":~:'-- activities prohibited in certain areas. (a) It shall be unlawful for the operator of any watercraft to operate such watercraft at a speed greater than "slow-down minimum wake" as defined by Florida law, at ali times such boat is within 150 feet of a bridge, dock, pier, wharf, mooring or launching area, or is within a lagoon, bay estuary, canal or lake, or is at a place in the Sebastian River or Indian River which has a distance from shore to shore which is 300 feet or less. (b) Water skiing, aquaplaning or similar activities are prohibited utilizing any watercraft within 300 feet of any bridge, dock, pier, wharf, mooring or launching area, or upon any ~ bay estuary, canal or lake within the corporate limits of the city. (c) Exceot for vessels oerformine a eovemmental function, boats ~owered ~,y, an internal combustion engine may not ooerate uoon local waterways, canals and lakes within the city limits of Sebastian. however, the Sebastian River and the Indian River Lagoon are excluded from this restriction. Section 4. That the Code of Ordinances, City of Sebastian, Florida, section 110-37 is hereby amended to read as follows: Sec. 110-37. Excessive noise. No operator or owner of a watercraft shall cause or allow excessive noise in the operation or use of watercraft or equipment thereon, including blowers, machinery, motors, horns, etc., on board any watercraft in violation ~ orovisions c.f~.a~tzr ~5 ~.~'~:q. of this Code. Section 5. That the Code of Ordinances, City of Sebastian, Florida, section 110-41 is hereby amended to read as follows: Sec. 110-38. Health and sanitation rules; disorderly conduct, etc. All persons on board any watercraft located upon any waterway within the city limits shall comply with all health and sanitary rules or regulations of the city, and all ordinances of the city relating to the conduct of persons, including acts contrary to health, safety, morals or public peace, and including ordinances prohibiting disorderly conduct or loud or boisterous noises which disturb the peace. All watercraft utilizing, the waters of the city shall be maintained in a seaworthy condition, except when in a oermitted repair area. Section 6. That the Code of Ordinances, City of Sebastian, Florida, section 110-41 is hereby amended to read as follows: Sec. 110-41. P._,. ...... ,, v.. Reserved. transferred to sec. 54-2-7.8(b)] Section 7. That the Code of Ordinances, City of Sebastian, Florida, section 110-42 is hereby amended to read as follows: Section 8. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. SEVERABiLITY In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 10. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council. The Bishop Majcher Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: aye aye aye aye aye The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sc~llyy~al°, C1VItC Approved as to form and legality for reliance by the City of Sebastian only: