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ORDINANCE NO. 3269-83
L M
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 114.430 BOATS, VESSELS, BARGES: WHERE
PROHIBITED, OF ARTICLE H, BOATING, OF CHAPTER 114,
BEACHES AND WATERWAYS, OF TITLE IX, STREETS, SIDEWALKS
AND OTHER PUBLIC PLACES, OF THE CODE OF ORDINANCES,
CITY OF CLEARWATER, TO PROHIBIT THE OPERATION OF
WATERCRAFT AND AIRCRAFT IN A DEFINED AREA OF
CLEARWATER BEACH; PROVIDING FOR WAIVER OF THE
PROVISIONS HEREOF; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE
EXTENT OF SUCH CONFLICT; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING FOR
PROPER NOTICE OF PROPOSED ENACTMENT; AND PROVIDING
FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, certain public water westward of Clearwater Beach is heavily
used by residents, visitors and tourists for swimming and other passive, water-related
activity; and
WHEREAS, the public safety of Individuals and groups engaged in such
activity is endangered when said public water is utilized by watercraft, aircraft or any
similar contrivance or device; and
WHEREAS,-the City Commission of the City of Clearwater, through the
passage of Resolution No. 82-54, found that a restricted area should be established;
and
WHEREAS, the City of Clearwater, pursuant to Section 327.46, Florida
Statutes, petitioned the State of Florida to establish a restricted area; and
WHEREAS, the City of Clearwater was advised by letter dated
February 18, 1983, from the Department of Natural Resources that it possessed the
power to adopt an ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Section 114.43, Boats, vessels, barges; where prohibited,
of Article N, Boating, of Chapter 114,-,Beaches and Waterways, of Title IX, Streets,
Sidwalks and Other Public Places, of the Code of Ordinances, City-of Clearwater, be
and the same is hereby amended to read as follows:
See. 114.43. Beats vessels and barges watercraft and aircraft; where
prohibited.
He peraen shag operate any type of beat, Gressel or barge; whether
meehenized or net wlth4n a distanee of three hundred (868} feet from
the shoreline of any pubHe beaeh awned by the effy; along the Gulf of
Murree side of Glearwater Beaeh -Ftor4da,- exeept when wAh4n the
de*nated ekannel marked through Glearwater Pass, and eaeept 4n
ease .of an emergeney:
11-3-83
r
e??,??",?.n.t? ..W?±r?, "?.}7,'?"p"?+'?,;?'t'.W'ne;`?'4; t':'fw'k i?'? ?'`•.; ?y`'?'"?f?t'?1??',s?"?'?"Jy? ?'." ,??"?'?4'='?'? r; 4? ;°!YdPryh!t'+:?!?!erx „?:si."'n+a",+,?f • .:
._, _. f'_<._. _. _i!. .. .?.,. .,:;?....?1?•._'.i?.'.. 'a=`.h,,;Y,S..??.b".???:.. .':vS?i...: asc _.J?:_ _ .. . .? ... _,. ,..... .e`- °._'???s?•? ?i
Except as hereinafter provided, it shall be
erson to steer, roperate or cause to be a
k waterers t or aircraft as hereinafter de fined w
following described area located on Clearwater
Those 12ortions of lands lying in and those :
Sections 5 B 7 and $ Township 29 South
within the oliow described tract in P
Florida; said tract being circumscribed by
boundaries: Starting at State DNR. monum
P.O.B.. havinrt State srrid co-ordinates NE
N
0011
feetp thence S 05"22' 28" W, 274.39 feet;
W 167.095 feet thence S 23'2711211 W
05 08' 46" W1„994.835 feet to the P.O.B.,
of 6406.778 length re resents an a ro;
bounds line from the MHWL o Clearw
300153t restricted area to commence a
North jetty at the South end of Clearwat
northward to the centerline of the Somer
See. 114.43.1. Definitions.
The words "watercraft" and "aircraft" as
include but riot be limited to an boat vessel
sk mboard, waterski, w dsur er, jet ski, wet b
semi--ubmersible. a r-l=, seaplane, helicoptE
harm-glider. narasaiL parachute or anv other s1
in
e;
66
or
device.
Sec. 114.43.2. Area excluded.
The above restriction shall not apply to any area
-comprising or hereafter included in the Florida Intraec
Waterway.
Sec. 114.43.3. Watercraft not included.
The above restriction shall not apply to watercraft of the City
of Clearwater in the performance of law orcement or other
necessary municipal tasks.
See. 114.43.4. Exceptions.
Exceptions to the rovisions of Section 114.43 above shall be
limited to the ollowing:
M S ecial events of short-term duration such as r attas
tournaments and events o a similar nature where in the
o anion of the ro riate City officials, such events can
be safely conducted at certain eci icall defined and
desi ated locations within the aforesaid restricted area.
-• Applications for such ec al events shall be submitted
processed, reviewed an acted upon as provided under
Sections 116.30 of the city code.
Q2 Continuous or long-term use of the aforesaid restricted
area for the 02 eration of amptercraf t or aircraft as'
-2-
Ord,.3259-83
11-3-83
OL: at
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t•?j .;, ?k,., ,?.-ti mpR1?!'9a ,.Yyyl ,.",r?,'?'K,- l v •.
Riparian rights ossessed b the upland owner exce t
where he exercise o such r is b the u land owner
creates a danger o injury tot rd art es using such
waters.
The name address and telephone number of the person
seeking the waiver.
The address of the remises from which operations w.U be
conducted under the waiver.
Q The name address and telephone number of an person or
ll be
business entity other than the applicant who w
res ons ble or an activity conducted under the waiver.
A statement that the applicant agrees to establish and
ma tan at applicants ex ense a marked corridor
e,,ztend from the shoreline to the westward extremit
of the 300 foot restricted area which corridor shall be
marked with buoys or similar devices con ormi to the
uniform state waterwa mark stem.
L51 A complete description of all activities ro osed to be
ti conducted under the waiver, inaludl a descri tion o tho
tLTe, size and numbers o watercraft or aircraft to be
operated and a statement o rovisions to be-made or the
safe of the public dur operations under the waiver.
Q A drawl showing the specific location of the activities
to be conducted under the waiver and indicating the
ecific location and width of the marked corridor
referred to in Article 4 above.
(7) An additional information which the city manager or, his
authorized desi ee finds reasonably necessary to s fad
determination as to whether a waiver should.be anted.
Q A statement signed b the applicant whereby the
applicant agrees not to assign, sell. encumber or
otherwise transfer such waiver.
See. 114.43.6. Waiver denial and reasons.
Comm
one or
davs of the filing of a
on
The application is incomplete in a material r eet.
The application has been fraudulently completed.
on
Within the area described in Section 114.43 the city
commission determines, gpplyinx principles o ublic
welfare and aesthetics. that the act v ty proposed under
the waiver licat on is not consisten--- ith passive and
active beach related activities on Clearwater Beach.
t
The activit proposed under the waiver application. in the
o neon o the eit manager or his authorized des ee
could not be conducted without end er public safety,
-3-
00, 9259-89 11.9»83
¦
Sec. 114.43.5. Waiver a location.
?..f,?,?^ •if .+ey re.?f?"F.?'??iGi",'?1Y 1V?~r??.+ .?Y'R?L 9??e`?KS z?.',g..f .yr+?, ecn,?.'?".r'j'?. '''c' yr 1 1. '`1 `." ?} !•hx! ?.e?' K';"A?•i
?,y . u'?•Q±?, ..... ?P 'i:uw;. Vii'' 7? a. hi a
y' aOr'r Y 7's 1 ` .i W n e -:a'.•Yu ^ ,;-r .s :' j.:. ) i` ; i'.:v'vS,'',C f' i( S°'ti:
?.. w; ?. •";?.?a:_:??h._ :c,° ',t-'r '.' ?•?•?. +. .,.ea, 1^? x L.z ki;?? 4' ?•'"? Fd, ''r{ ^'?i ??! Fpt 7sLr";r?"rr. "s ?d
.?•i, frt ti .?{"Y -`r.':.t??• Ixt'" }" + ? ?:t". z ?'".<'..•`'s??.Jl?`:?' Y, ?°
(? ; ?????ti it rA i,, ?. a T???`,,y .,tpr"w ?e?,' sy'r?g °,r'-s? ?'? • W `?j,; ?.,., - s t ;?.r,' ' *49." .`'S`? d' r, ?^? ;!?' 4t' 1, • t t .
r .. ?. x n ? ?y?'r 3? r 7r? r?. ??}? ?' 1? ? t ).x??' T :y',: •.a: l: - 1, ; r• ??.?•`.• vt?b• S.? 1. ?dr 1i
''k q' {? ???ti. ,r, y `?'d5,??u. er' i' 5?. ¢? ?. t?", t, t r• ?.?,.?.• e. ' s. ^F"'-4e,:r.'?: )t wYF ?j.ri':'n H?%-??,
77
"1 t i si? " n Is ti ? r'? ?'`' i" 't. •' .+F•i .t' ".? q?'.aa, ; M • d'djti Z'•, + l'ts'''?.t? ^ 1` ? _. • ?y'tL ?S'.e?±'G?+tt i? G
s??'?- ,lid ?" ? d?r '??,#! ..? L ?, F"?• Y. yL- i„? e.' H;z,? <?yv ,,F?'' L e+^
•4 ,??? f y ?,j?a` 1?y ? '??;`,'? a.3?.:????;• +ti?Y?'?`s??iy??'`?'"`i'T•,?nt;'?;?k?i?`S??`,4??: '?' I''•"???,
•' YY K:.• ?f.l?
7r?iA'"?i:;?Fe?'i•?:``'t a.. ? '4, ?,, ?rt.T vr3',?^t?• "'FA srr?-,?.w c??e? '.f
)++ •? Ys i1 ??:L ?,=jft ?;, •i?. .&.'yy?; 1.?..?, d?•"I?.c,• a..? ??:k?t,r:,'' b)'sh'^;?1?•{;?
'? ;i 17 ++r` .ro° ?, rs fi? Tt: r'. ?P?`? ?'?#f""' fj?, t?.;?}?`.¢. t.•,, 4' .,?'
';i" ? n r "'y?rt;,?r??5t..? ??'? ?`'?,'?;?.; ,d?"?.. ?'at ?.,a. ? yF??'?'•????rr"????1.?u;7?'-? 7ci?? 's s,
Etr 166 ,
a c'71. ' r
r Sea. 114.43.7. Waiver conditions.
r''. An waiver anted under the provisions of this section may be .'
revolts b the city man er or his authorized designee or dessiKnees ??Y `
or apy o the ollow ng reasons:
' ,512 Upon discover that any of the conditions set forth in
Ir t'
section 114.43.6 exists.
When the city manger or his authorized designee or
designees finds that any actiyiit conducted under the
c'x7 waiver resents a -clear and resent danger to members of
the ublic. Clear and resent. d er as used herein
FIN,
means such activity creates a potential or in ur to the
public.
When an aetivit not s ecificall authorized b the
waiver is conducted the restricted area or when
activity is conducted in violation a the cond t ons_n the
waiver.
Prior to such revocation becoming effective the holder of m!ch
waiver shall be entitled to be heard on the issue of revocation.
r See. 114.43.8. Marking system.
The boundary of the said restricted area and the boundaries of
any areas within the restricted area in which-the aforesaid
restrictions maybe subsequently waived, shall be clearly marked with
buovs or similar deices conforminz to the uniform state waterway
See. 114.43.9. _Removal and Impoundment.
Section 2. Should any part or provision of this ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of
the ordinance as a whole, or any part thereof other than the part declared to be
invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith.are
to the extent of such conflict hereby repealed.
Chid, 3?S?as?
-4-
` it 7
1
F1,
Section 4. Notice of .the proposed enactment of this ordinance has been
properly advertised in a newspaper of general circulation in accordance with Section
166.041, Florida Statutes.
Section 5. The provisions of this ordinance shall take effect immediately
upon its passage.
PASSED ON FIRST READING October 20, 1983
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED November 3i 1983 _
Attest:
,City Clerk