HomeMy WebLinkAboutO-23-08 WaterwaysORDINANCE 0-23-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, RELATING TO WATERWAYS; AMENDING THE CODE OF
ORDINANCES CHAPTER 110 WATERWAYS; PROVIDING FOR SEVERABILITY
AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council has determined that it is in the best interests of and would serve to promote
and protect the public health, safety, and welfare to allow the location and operation of a Marine Law
Enforcement facility in the City; and
WHEREAS, the City Council has determined that existing City facilities are appropriate to serve the
requested purpose for permanent housing of Marine Law Enforcement vessels at the Twin Piers Municipal
docks; and
WHEREAS, the City Council has determined that amendments are required to the City of Sebastian
Code of Ordinances in order to accommodate this facility; and
WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to
promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sebastian, Florida, as
follows:
Section 1. Legislative and Administrative Findings. The recitals set forth above in the "Whereas Clauses"
are hereby adopted as legislative findings of the City Council of the City of Sebastian.
Section 2. Revisions to the City of Sebastian Code of Ordinances, Chapter 110. Chapter 110 of the City
of Sebastian Code of Ordinances is revised and amended to read as follows:
Chapter 110 WATERWAYS'
ARTICLE h IN GENERAL
Sec.110-1. Authority of city to regulate waterways.
The city shall have the right to regulate the use of all waterways within the city limits and the conduct of all
persons using such waterways, not in conflict with federal or state regulations. All ordinances of the city
regulating the conduct of persons on land shall also apply to persons using waterways, insofar as such
ordinances are applicable.
(Code 1980, § 6-3)
State law reference(s) — F.S. 327.60
Sec.110-2. Penalty for violations of chapter.
Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished as
provided in section 1-10 of this Code.
(Code 1980, § 6-15)
Sec.110-3. Authority to make safety inspections.
No officer shall board any vessel to make a safety inspection if the owner or operator is not aboard, unless
the officer reasonably believes that such vessel has been abandoned. When the owner or operator is aboard, an
officer may board a vessel with consent or when he has probable cause or knowledge to believe that a violation
of a provision of this chapter or state law has occurred or is occurring.
Secs.110-4-110-30. Reserved.
ARTICLE H. WATERCRAFT-'
Sec.110-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Boat or vessel means and includes every description of self-propelled watercraft used or capable of being
used as a means of transportation on water, including all types of boats and all uses thereof. As used in this
article, the terms "boat" and "vessel" are synonymous with the term "watercraft."
Boat lift. A boat lift is a structure used for storing boats on or above the water, which may extend from a
seawall, the shore or a dock over the water. Boat lifts shall be considered a boat mooring space.
Boot mooring space. A boat mooring space is any place where a boat is moored. A covered
boat mooring space is a structure constructed over the water used for the covering or sheltering of boats. The
structure may extend from a seawall, dock or the shore over the water. A covered boat mooring space has only
a roof, with no walls or floor.
Commercial boat means and includes any watercraft used, maintained or operated for profit.
Commercial fishing boat means and includes any watercraft engaged in fishing whereby fish caught are
sold for profit, either by the owner, operator or other person.
Commercial marina means 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.
Commercial vessel means a vessel used as a place of business or a professional or other commercial
enterprise, and does not include any commercial fishing vessel as defined in F.S. § 327.02.
2Cross reference(s)—Traffic and vehicles, ch. 98.
State law reference(s)—Vessel registration and safety, F.S. ch. 327.
2
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 including, but not limited to, 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, a mining platform, a dredge or dragline. Incidental movement upon
water or resting partially or entirely on the bottom of a waterbody does not preclude such an entity from
classification as a floating structure.
Live -aboard vessel means:
(1) A vessel used solely as a residence and not for navigation;
(2) A vessel for which a declaration of domicile has been filed pursuant to F.S. § 222.17; or
(3) A vessel used as a residence that does not have an effective means of propulsion for safe navigation.
A commercial fishing vessel is expressly excluded from the term "live -aboard vessel."
Marina. A place for docking pleasure boats or providing services to pleasure boats and the occupants
thereof, including servicing and repair to boats, sale of fuel and supplies, and provision of food, beverages, and
entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel, or similar use,
where docking of boats and provision of services thereto, is incidental to other activities shall not be considered
a marina, nor boat docks accessory to a multiple dwelling where no boat -related services are rendered.
Marine facilities. Marine facilities are docks, piers, launch, marine pavilions, marine platforms, boat lifts,
covered boat mooring spaces and similar facilities.
Moor means 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.
Municipal docks means 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.
Private watercraft means and includes any boat or vessel used for pleasure by the owner or others, where
no charge is made for fishing or riding upon such vessel.
Short-term berths means any boat slips, piers, docks, wharves or other dockage spaces or facilities
designated at the municipal docks for the mooring of a boat for a period not to exceed 12 continuous hours.
Sightseeing boat means and includes any watercraft engaged in transporting the public for hire on
waterways within the city limits for sightseeing purposes.
Waters of the city includes all rivers, lakes, streams, ponds and canals within the territorial limits of the city
and under its jurisdiction, except the Florida Intracoastal Waterway, as described in F.S. § 327.02, as amended
from time to time.
(Code 1980, § 6-1)
Sec. 120-32. Compliance with chapter.
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.
(Code 1980, § 6-2)
Sec.110-33. 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 in whose name such watercraft is registered shall be held prima facie responsible
for such violation.
(Code 1980, § 6-4)
Sec.110-34. Recognition of federal rules and regulations.
All operators of watercraft are hereby charged with knowledge of and compliance with all enacted or
amended regulations of the U.S. Coast Guard, U.S. Army Corps of Engineers, and other federal agencies
governing boats, docks, or waterways.
(Code 1980, § 6-5)
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 circumstances shall any vessel anchor or moor in areas that have been
determined by the Florida Department of Environmental Protection as protected areas for wildlife and plant life
in the submerged lands.
(Code 1980, § 6-6; Ord. No. 0-01-13, § 2, 7-11-01)
Sec.110-36. Speed restrictions; water 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 all times such boat is within one hundred fifty
(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 (300) feet or less.
(b) Water skiing, aquaplaning or similar activities are prohibited utilizing any watercraft within three hundred
(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) Except for vessels performing a governmental function, boats powered by an internal combustion engine
may not operate upon 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.
(Code 1980, § 6-8; Ord. No. 0-01-13, § 31 7-11-01)
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 of the nuisance provisions of this Code.
4
(Code 1980, § 6-10; Ord. No. 0-01-13, § 4, 7-11-01)
Cross reference(s)—Nuisances, ch. 66.
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 permitted repair area.
(Code 1980, § 6-9; Ord. No. 0-01-13, § 5, 7-11-01)
Cross reference(s)—Health and sanitation, ch. 50.
Sec.110-39. Trash disposal.
All trash, garbage and other debris accumulated aboard any watercraft moored or docked in the city limits
shall be removed from the watercraft and disposed of on land in a proper receptacle to dispose of the items.
(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.
(b) No one shall throw, drop or leave fish, garbage, trash, refuse, bait or other debris on any dock, wall, park, parkway
or other premises within the city except in proper receptacles provided for such trash or debris.
(c) it shall further be unlawful to dispose of refuse on the bank of any navigable water or tributary or storm drainage
facility where the same shall be liable to flow or be washed into such navigable water by either ordinary or high tide or by
storms or floods or otherwise.
(Code 1980, § 6-11)
Cross reference(s)—Health and sanitation, ch. 50; nuisances, ch. 66; solid waste, ch. 86.
State law reference(s)—Littering, F.S. § 403.413.
Sec.110-40. Equipment for excrement, waste, refuse.
No person shall use or maintain living quarters on any motorboat, yacht, houseboat, floating home or any
other type of watercraft on any of the waters within the city limits, unless such motorboat, yacht, houseboat, or
other watercraft shall be equipped with a holding tank and/or chlorinator -macerator or other equipment
sufficient for the purpose of containing all excrement, waste and refuse from such craft, and such wastes shall
be disposed of in accordance with the rules and regulations established for the disposal of such wastes, but in
no event shall any part thereof be released into any of the waters within the city.
(Code 1980, § 6-12)
Cross reference(s)—Health and sanitation, ch. 50; nuisances, ch. 66; utilities, ch. 102.
Sec.110-41. Live -aboard vessels and floating structures prohibited.
(a) Except as provided in subsection (b) of this section, live -aboard vessels and floating structures as defined in
section 14-2 of this chapter are prohibited from anchoring or mooring in the waters of the city; and no
owner of any marina, marine facility, dock, pier or dockage facility of any type shall allow any type of live -
aboard vessel or floating structure to be moored in such facility and allow persons to reside or dwell in such
vessel or floating structure.
(b) The prohibition set forth -in subparagraph (a) does not apply to:
(1) Commercial fishing vessels as defined in F.S. § 327.02;
(2) Marinas with pump -out facilities permitted to have live -aboard vessels under zoning ordinances in
existence prior to 2005;
(3) Mooring fields constructed, permitted and operated in accordance with the rules established by the
Florida Department of Environmental Regulation, whose Mooring Field Management Plan specifically
allows the mooring of live -aboard vessels and floating structures in accordance with written
agreements between the owners of the vessels or structures and the owner/operator of the mooring
field;
(4) Dredges and associated scows and equipment actively engaged in dredging operations in the waters
of the city, or other similar construction or demolition platforms and equipment performing work
under a permit or license granted by an appropriate governmental body or agency.
State Law reference— Marine sanitation requirements, F.S. § 327.53.
Editor's notes) —Ord. No. 0-01-13, § 6, adopted July 11, 2001, amended § 110-41, which pertained to the
repair of watercraft. The former section has been moved to § 54-2-7.8(b) of the Sebastian Land
Development Code.
Sec.110-42. Reserved.
Editor's note(s)—Ord. No. 0-01-13, § 7, adopted July 11, 2001, amended § 110-42, which pertained to the use of
watercraft as a place of business. See Code Comparative Table.
Sec.110-43. Mooring, beaching or placing of watercraft; where prohibited.
(a) No vessel or watercraft of any kind whatsoever shall moor to or tie up to a public or private seawall or
dock or be beached upon public or private property within the city limits without the permission of the
property owner thereof, except in an emergency where necessary to prevent harm to persons or
property-
(b) No boat or watercraft shall be moored, abandoned, sunk or otherwise placed in such a manner as to
impede, restrict or otherwise interfere with the use of private or public docks, launching ramps or
other waterfront facilities except in an emergency where necessary to prevent harm to persons or
property; however, in the case of an emergency as described in this section, such boat or vessel must
be removed within 24 hours of the time said emergency has subsided. Any such craft in violation of this
section may, upon request of the owner of the public or private seawall, dock, or property, or his
agent, be subject to removal or impoundment.
(c) Any boat, vessel or other watercraft which, due to fire, explosion, accident, act of God or other
disaster, or abandonment which constitutes a danger to life or property, or a hazard to navigation,
shall be subject to removal or impoundment in the manner provided by state law.
(d) Any other wrecked or derelict boat having no value other than nominal salvage value, if any, which has
been left abandoned and unprotected from the elements is to be disposed of as provided by state law.
6
State Law reference— Abandoned property, F.S. § 705.101 et seq.; abandoned vessels, F.S. § 823.11; 18-21.012
Spoil Islands F.S.
(Code 1980, § 6-13)
Sec.110-44. Period of mooring to municipal docks and piers.
(a) No boat shall moor or tie up to any municipal docks, launching ramps or fishing piers owned by the city exceeding
a one -hour limit, within a twenty -four-hour period. At no time shall a boat or watercraft impede or interfere with
the use of the public facilities except in the case of an emergency described in Sec,110-43.
(b) Boats or watercraft may utilize public day slips within the city limits for a period not to exceed 24 hours.
(c) Government and law enforcement vessels are exempt from this section of the code of ordinances.
(Code 1980, § 6-13.1; Ord. No. 0-00-14, § 1, 6-14-00)
Cross refere nce(s) —Streets, sidewalks and other public places, Ch. 90.
Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part
of this Ordinance is invalid, 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 provision. It shall further be assumed
that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby
causing said remainder to remain in full force and effect.
Section 4. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 5. Codification. The sections of the ordinance shall be codified within part of the City
Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance"
may be changed to "section," "division," or any other appropriate word.
Section 6. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the
City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption
by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember Dodd . The motion was
seconded by Councilmember Dixon and, upon being put to a vote, the vote was as follows:
Mayor Fred Jones aye
Vice -Mayor Christopher Nunn aye
Councilmember Kelly Dixon ave
Councilmember Ed Dodd aye
Councilmember Bob McPartlan �e
The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of September
2023.
ES,U,/
ette Williams, MMC
1 Clerk
CITY OF SEBASTIAN, FLORIDA
By: — —
Fred Jones, Mayor
Approved as to form and legality for
reliant ; e City o Sebastian only:
er�ockcroft, $sq.
Attorney
8
CMOF
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: September 13, 2023
Agenda Item Title: Approval of Ordinance 0-23-08, Chapter 110 Waterways
Recommendation: Hold a Second and Final Public Hearing for Adoption of Ordinance 0-23-08.
Background: The City of Sebastian has applied for a grant from Florida Inland Navigation
District (FIND) to modify the Twin Piers into a Marine Law Enforcement facility. In accordance with the
FIND requirements, all permits must be secured by September 18, 2023 in order to be in compliance with the
grant request. The COS Code of Ordinance Chapter 110 addresses Waterways and in particular the time
period of mooring of vessels to municipal docks and piers (Sec. 11044). Staff has modified this section in
order to be in compliance with the proposed facility but to also bring the entire code into compliance with
local regulations and State statutes.
If Agenda Item Requires Exnenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments: Ordinance 0-23-08, Chapter 110 Waterways
Administrative Services Department Review:'
City Attorney Review: AI
Procurement Division Review, if applicable: AIIA
City Manager Authorization:
Date: ! / J ja02 �