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HomeMy WebLinkAboutO-84-21 ORDINANCE NO. AN ORDINANCE RENUMBERING SEC. 6-1 OF THE CODE OF ORDINANCES AS SEC, 6~13,1 WITHOUT A CHANGE IN CONTENTS; CREATING SEC, 6-1 THRU 6-15 IN ART, I OF CHAPTER 6 PERTAINING TO GENERAL REGULATIONS OF WATERCRAFT OPERAT- ING WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING A PENALTY CLAUSE; STATING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE, WHEREAS, The Council of tile City of Sebastian has determined that the regulation of watercraft operating within the corporate limits of the City is essential in order to protect the public health, safety and welfare; now, there fore BE iT ORDAINED by the Council of the City of Sebastian, Florida~ as follows:. SECTION I That Section 6-10 of the Code of Ordinances, City of Sebastian~ Florida, is hereby renumbered as Section 6-13.1 of the Code of Ordinances without a change in its title or contents, SECTION i I That the Code of Ordinances, City of Sebastian, Florida, is hereby amended by adding seventeen new sections, to be numbered 6-1 through 6-15, which said sections shall read as follows: ARTICLE I. GENERAL REGULATIONS Sec. 6-]_. Defi. nitions. For the purposes of Chapter 6, the terms and phrases used herein are defined as follows: (a) Boat or vessel. Every description of self-propelled watercraft used or capable of beilng used as means of transportat.i, on on water, including all types of boats and all uses thereof. As used herein, the terms boat or vessel are synonymous with watercraft. -1- (b) Commercial boats. Any watercraft used, maintained or operated for profit. (c) Commercial fishing boats. Any watercraft engaged in fishing whereby fish caught are sold for profit, either by the owner, operator or other person. (d) Commercial marina. A licensed facility for docking watercraft and/or providing services to watercraft and the occupants thereof, including minor servicing and repair to boats while in or out of the water, and sale of fuel and supplies. Docks which are accessory to residential uses where no boat~related services are rendered shall not be considered marinas. (e) Floating home. Any waterborne structure designed for or used primarily as a dwelling which either does not have an operable motor on board at all times, or which is not capable of controlled steering for removal from the dock in the event of a fire or other emergency. (f) Moor. To secure a vessel or boat by line, cable, or other device to any boat slip, dock, pier, wharf, dockage space or docking facility in such manner as to assure the security of such vessel. Fueling stops are not included in this definition. (g) Municipal docks. Any bulkheads, walls, docks, approaches and appurtenances which the city owns or may construct from time to time on property owned or acquired for that purpose. (h) Short~term berths. Any boat slip, pier, dock, wharf or other dockage space or facility designated at the City of Sebastian municipal docks for the mooring of a boat for a period ~ot to exceed twelve (12) continuous hours, (i) Private watercraft. Any boats and vessels used for pleasure by the owner or others, where no charge is made for fishing or riding upon such vessel, -2- (j) Sightseeing boats. Any watercraft engaged in trans- porting the public for hire on the waterways within the city limits for sightseeing purposes. Sec. 6-2. Compliance with article. For the protection of property owners, the general public, and owners and operators of watercraft in the city, all watercraft of any type whatsoever, operated on or moored, docked or anchored at any place in the lakes,canals, rivers, bays or waters within the corporate limits of city and the owners, operators, or occupants thereof, shall be governed by and observe the provisions of this chapter. Sec. 6-3. Authority of city to regulate waterways. The city shall have t~e right to regulate the use of all waterways within the city limits and the conduct of all persons using same, not in conflict with federal or state regulations. Ail ordinances of the city regulating the conduct of persons on land, shall apply to persons using waterways, insofar as same are applicable. Sec. 6-4. Evidence of identity of violator. In any prosecution charging a violation of any provision of this chapter governing the operation, mooring, docking or anchoring of watercraft, proof that the particular watercraft described in the citation or summons was violating a provision of this chapter, together with proof that the operator thereof was not present at the time a violation was observed, or was present and did not identify himself as the operator, or denied that he was the operator, the person, corporation or other entity in whose name said watercraft is registered shall be held prima facie responsible for said violation. Sec. 675. Recognition of federal rules and regulations. All operators of watercraft are hereby charged with knowledge of and compliance with all now existing or thereafter -3- enacted or amended and.regulations of the U.S. Coast Guard, U.S. Army Corps of Engineers, and other Federal Agencies governing boats, docts, or waterways. Sec. 6-6. Compliance.with State of Florida Rules and Reg- ulations governing boats. Ail operators of watercraft are. hereby charged with knowledge of and compliance with all rules and regulations of the State of Florida governing the licensing, operation, and title certification of Boats, including Chapters 527 and 528, Florida Statutes, as presently constituted or hereafter revised or amended. Sec. 6-7. Careless operation of watercraft. (a) No watercraft shall be operated upon any water- way in the city at a rate of speed which causes waves or wakes to damage docks, wharves, seawalls, boats, or other personal property contained in boats moored or tied to docks or wharves along such waterways. (b) A person is guilty of careless operation of a watercraft who operates any watercraft or through operation of same allows the manipulation of any water skis, aquaplane, or similar device in disregard for the safety of persons or property, or without due regard for the safety of persons or property, or without due regard, caution, and circumspection, or at a speed on in a manner as to endanger or may endanger, damage, or injure life, limb, or property. Sec. 6,8. Speed Restrictions; Water Skiing and similar activiti? p'~-6hibited in certain areas. (a) It shall be unlawful for the operator of any watercraft to operate the same at a speed greater that "slow down minimum wake" as defined by Florida Law, at all times said boat is within one' hundred and fi.fty (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 three hundred feet or less. (b) Water skiing, aquaplaning or similar activities are -4- prohibited utilizing any watercraft wlthin a three hundred (300) feet of any bridge, dock, pi&r, wharf, morring or launching area, or upon any lagoon, bay estuary, canal or lake within the corporate limits of the city. SEC. 6-9 Health and sanitation r61es; disorderly conduct~ etc.~ on watercraft. 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 prohiniting disorderly conduct or loud or boisterous noises which disturb the peace. SEC 6-10. Excessive noise. No operation or owner of a watercraft shall cause or allow excessive noise in the operation or use of watercraft or equip- ment thereon, including blowers, machinery, motors, horns, etc., on board any watercraft in violation of Chapter 15 of the Code of Ordinances of the City of Sebastian. SEC. 6-11. Refuse Disposal. (a) It shall be unlawful for any person to dump or throw, or cause to be dumped or thrown any waste material, refuse, trash, petroleum product, or other debris into any waterway of the City of Sebastian. (b) All trash, garbage, and other debris accumulated aboard any watercraft moored or docked in the City Limits of the City shall be removed from the watercraft and disposed of on land in a proper recepticle to dispose of the items. -5- (c) No one shall throw, drop or leave fish, garbage, trash, refuses bait or other debris on docks, walls, parkways, parks, Or other premises within the city except in proper receptacles provided for same. Sec. 6-12. Equipment for excrement, waste, refuse. No person shall use or maintain living quarters on any motor boat, yacht, houseboat, floating home or any other type of watercraft on any of the waters within the city limits of the City of Sebastian, unless the same shall be equipped with a holding tank and/or chlorinator-maserator or other equipment sufficient for the purpose of containing all excrement, waste and refuse from such craft, and the same sha~l be disposed of in accordance with the rules and regulations heretofore or hereafter established for the disposal of same, but in no event shall any part thereof be released into any of the waters within said city. Sec. 6~13. Permission required to dock or to mak~ fast to ~er vessel. No person shall moor a boat to a private sea wall or dock or beach if upon private property within the city without the permission of the owner thereo'f. Sec. 6-14. Using as place of business. No watercraft moored or docked on any of the publicly dedicated waterways in the city shall be used as a place where any sales or services of any type whatsoever are conducted; provided, however, that this shall not apply to sales and services usually rendered by charter fishing boats or sightseeing boats licensed by the city. Sec. 6-14..1.. Repairing boats. Only minor repairs and/or maintenance of watercraft in residential areas is permitted and only when such repairs or maintenance is performed by the person who is both the owner (or tenant) of the real property and owner of the watercraft, or at his direction. Sec. 6-15. Penalty for violation. Any person~ firm or corporation violating any of the provisions of this Article, upon conviction thereof, shall be punished as provided in section 1-10 of this Code. SECTION III. This Ordinance shall take effect immediately upon becoming law. SECTION IV. If any section~ subsection~ sentence, clause, phrase or work of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the /~ day of /~~ , 1984. Ma~, City of Sebas~ I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes~ that said public hearing ~as held in the City Hall of the City of Sebastian, Florida,'at ~:oo ~. , on the /~/-~ day of ~ , 1984, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of' Sebastian, Florida, on 'the /~ day of ~~ , 1984. City Clerk -7-