2002-O-18
ORDINANCE NO. 2002-0-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; AMENDING CHAPTER 6 (BOATS,
DOCKS AND WATERWAYS) TO INCLUDE ARTICLE I
(GENERAL), ARTICLE II (NON-MOVING BOATING
VIOLATIONS) AND ARTICLE III (MOVING BOATING
VIOLATIONS); OF THE CODE OF ORDINANCES, CITY OF
EDGEW ATER, FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater now has the capability of enforcing marine violations in our
local waterways and the Indian River; and
2. Chapter 6 (Boats, Docks and Waterways) has not been modified since 1991 and
should be brought up to date to include a broader expanse of marine violations which may now be
enforced by the City; and
3. These modifications will include an avenue to enforce both non-moving and moving
boating violations.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A.
AMEND CHAPTER 6 (BOATS, DOCKS AND WATERWAYS) TO
INCLUDE ARTICLE I (GENERAL), ARTICLE II (NON-MOVING
BOATING VIOLATIONS) AND ARTICLE III (MOVING BOATING
VIOLATIONS) OF THE CODE OF ORDINANCES, CITY OF
EDGEW A TER, FLORIDA.
Chapter 6 is hereby amended to read as follows:
Stltlck tluough passages are deleted.
Underlined passages are added.
2002-0-18
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'-"
ARTICLE I. IN GENERAL
....,
Sec. 6-1.
Nonliability of city for boats and other property at park,- and pier,- and
recreation area and elsmbele or other city property.
The city hereby disclaims any responsibility or liability for the loss or damage to any boat.,
or floating vessel or any equipment contained therein, including motors, or any trailers that are left
upon or moored at any the park.. and pier.. and recreation area 1'ta055 fro111 the eiry hall or on any other
property owned by the city.
Sec. 6-2.
Mooring to bulkhead or leaving sunken vessel at park,- and pier,- and recreation
area or other city property.
( a) It shall be unlawful for any person to moor or tie any boat or floating vessel of any type to
the bulkhead or seawall surrounding any the park.. and pier.. and recreation area directly aa055 flom
dry hall, or any other city-owned waterfront property.
(b) It shall also be unlawful for any person to allow a boat or other vessel to remain in a sunken
condition next to or adjacent to any the park.. and pier.. and recreation area aer055 flom dry hall, or
any other city-owned watGIflOnt property.
Sec. 6-3.
Florida Shores - Watercraft motors prohibited.
The use of any motor of any type except a battery powered trolling motor not exceeding a
speed of five (5) miles per hour upon any lake, canal, ditch, or body of water in Florida Shores in the
city is prohibited.
Sec. 6-4.
Same - Storing or leaving watercraft prohibited.
The storing of or leaving of any boat or other watercraft unattended in or upon the shore of
any lake, canal, ditch, or body of water inPlolida Shore5 or any other dry-owned waterfront property
within the city is prohibited.
Sec. 6-5.
Same Florida Shores - Docks, etc., prohibited; exceptions.
No docks or other structures may be constructed or erected by anyone in.> -or upon or over any
lake, canal, ditch or body of water in Florida Shores in the dry; provided, however, this provision
shall not affect any legally existing docks, provided that no additions or extensions are to be made
to any existing dock upon any lake, canal, ditch or body of water in Florida Shores in the dty. All
such existing docks shall be maintained in a state of repair or shall be subject to condemnation and
removal by the city.
Sec. 6-6.
Swimming or wading in lake or shell pit.
It shall be unlawful for any person to swim or wade in any fresh water lake or shell pit,
whether natural or artificially created, within the city.
StlOck tluotlgh passages are deleted.
Underlined passages are added.
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Sec~ 6-7.
~
Enforcement.
..".,.
A violation of this chapter, except as otherwise provided, constitutes a civil infraction
punishable by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation
of specific sections of this chapter shall be established by resolution of the city council. If a person
who has committed the violation does not contest the citation, a civil penalty of less than the
maximum allowed will be assessed. Any citation may be contested in county court.
Sec. 6-8 - 6-9. Reserved.
ARTICLE II. NON-MOVING BOATING VIOLATIONS
State law adopted as municipal re~ulations. The following State Laws, as amended from time
to time, are hereby adopted as City of Edgewater municipal regulations. City of Edgewater may
enforce the following state statutes, within the City of Edgewater including to the center line of the
channel within the Indian River:
Sec. 6-10.
Operation of registered vessels.
Pursuant to the requirements contained in Section 328.46, Florida Statutes as amended from
time to time.
Sec. 6-11.
Vessel registration. application. certificate. number. decal. duplicate certificate.
Pursuant to the requirements contained in Section 328.48, Florida Statutes as amended from
time to time.
Sec. 6-12.
Special manufacturers' and dealers numbers.
Pursuant to the requirements contained in Section 328.52, Florida Statutes as amended from
time to time.
Sec.6-13.
Federal numbering system adopted.
Pursuant to the requirements contained in Section 328.54, Florida Statutes as amended from
time to time.
Sec.6-14.
Military personnel: registration: penalties.
Pursuant to the requirements contained in Section 328.60, Florida Statutes as amended from
time to time.
Sec. 6-15.
Classification: re~istration: fees and charges: surcharge: disposition of fees:
marine turtle stickers.
Pursuant to the requirements contained in Section 328.72, Florida Statutes as amended from
StIne,," t1uongh passages are deleted.
Underlined passages are added.
2002-0-18
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time to time.
...
"WI
Sec. 6-16 - 6-19.
Reserved.
ARTICLE III. MOVING BOATING VIOLATIONS
State law adopted as municipal re~ulations. The following State Laws, as amended from time
to time, are hereby adopted as City of Edgewater municipal regulations. City of Edgewater may
enforce the following state statutes, within the City of Edgewater including to the center line of the
channel within the Indian River:
Sec. 6-20.
Manatee Zones.
Pursuant to the requirements contained in Section 370.12, Florida Statutes as amended from
time to time.
Sec. 6-21.
Re~ulation of vessels by municipalities or counties.
Pursuant to the requirements contained in Section 327.22, Florida Statutes as amended from
time to time.
Sec. 6-22.
Reckless or careless operation of vessel.
Pursuant to the requirements contained in Section 327.33, Florida Statutes as amended from
time to time.
Sec. 6-23.
Water skis. paras ails. and aquaplanes re~ulated.
Pursuant to the requirements contained in Section 327.37, Florida Statutes as amended from
time to time.
Sec. 6-24.
Personal watercraft re~ulated.
Pursuant to the requirements contained in Section 327.39, Florida Statutes as amended from
time to time.
Sec. 6-25.
Boatin~ safety identification cards.
Pursuant to the requirements contained in Section 327.395, Florida Statutes as amended from
time to time.
Sec. 6-26.
Interference with navi~ation.
Pursuant to the requirements contained in Section 327.44, Florida Statutes as amended from
time to time.
Strtlck tlllotlgh passages are deleted.
Underlined passages are added.
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Sec. 6-27.
Restricted a~as.
...."
Pursuant to the requirements contained in Section 327.46. Florida Statutes as amended from
time to time.
Sec. 6-28.
Re~attas. races. marine parades. tournaments. or exhibitions.
Pursuant to the requirements contained in Section 327.48. Florida Statutes as amended from
time to time.
Sec. 6-29.
Vessel safety regulations: equipment and li~hting requirements.
Pursuant to the requirements contained in Section 327.50. Florida Statutes as amended from
time to time.
Sec. 6-30.
Maximum loadin~ and horsepower.
Pursuant to the requirements contained in Section 327.52. Florida Statutes as amended from
time to time.
Sec. 6-31.
Marine sanitation.
Pursuant to the requirements contained in Section 327.53. Florida Statutes as amended from
time to time.
Sec. 6-32.
Local re~ulations: limitations.
Pursuant to the requirements contained in Section 327.60. Florida Statutes as amended from
time to time.
Sec. 6-33.
Mufflin~ devices.
Pursuant to the requirements contained in Section 327.65. Florida Statutes as amended from
time to time.
Sec. 6-34 - 6-40.
Reserved.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
Stl tick tl.t ongh passages are deleted.
Underlined passages are added.
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inoperative, or void, such h~ing shall not affect the remaining port~ of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
the first reading of this ordinance held on October 21,2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Myron F. Hammond
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
Stltlck thlotlgh passages are deleted.
Underlined passages are added.
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After Motionbyatj'~iwan Hamond and Second by c.;l.itwon,an Liehter ,
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Shack H oogh passages are deleted.
Underlined passages are added.
AYE NAY
x
x
x
x
x
day of November, 2002.
CITY COUNCIL OF THE
CITY OF EDGEWATE(R,, FLORIDA
,,,,d�C
By. �%a ,23
Donald A. Schmidt
Mayor
HOr ��o z• d24
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 4th
day of November , 2002 under
Agenda Item No. fi-e
2002-0-18