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ORDINANCE NO, 2181 -
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 6, BOATS DOCKS AND WATERWAYS
OF THE CODE OF CR DINANCES OF THE CITY OF CLEAR- ?' "b = }
WATER, FLORIDA, 1462, TO CLARIFY THAT THE PERMIT
ISSUED SHALL NOT CONVEY ANY INTEREST IN THE ,. •..w=?>w:,:+_:;?..r
DOCKING FACILITY BUT SHALL BE CONSIDERED A ``,'',a:
LICENSE AGREEMENT; TO PROHIBIT ANCHORING OF
VESSELS IN A DEFINED AREA EXCEPT WHEN AN
EMERGENCY CONDITION EXISTS AND DEFINE THE
TERM 11EMERGENCY CONDITION"; PROVIDING FOR
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REPEAL OF ORDINANCES OR PARTS OF ORDINANCES r
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IN CONFLICT HEREWITH TO THE EXTENT OF SUCH
CONFLICT; PROVIDING FOR THE SEPARABILITY OF ..?
THE PROVISIONS HEREOF; PROVIDING PENALTIES :t>
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT;
AND PROVIDING FOR THE EFFECTIVE DATE OF THIS
ORDINANCE.
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BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 6-1, City-owned docking facilities--Property
included; permit required, of Chapter 6, Boats, Docks and Waterways, of
the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby
amended to read as follows:
Sec. 6-1. City-owned docking facilities--Property included;
permit required.
The city manager or his designated representative is authorized
to designate specific areas from which rent is to be obtained
and to establish the specific use to be made therefor for the
following city-owned property: The city dock located in front
of and due west of -the city hall AvAi.to`ni x, Island Estates Marina
Station, the Clearva. ter Marina, the Seminole Docks, Mandalay
Marina and all other marine properites owned by the city: In
designating the use to be made where boat slips and docking spaces
are provided, division thereof shall be made for pleasure craft
and commercial craft; those areas set aside for commercial
craft known and operated as "open party boats", "charter
boats". "excursion boats", and "small boats for hire".
Written permits shall be used which shall be uniform except as '
to rent to be charged for different type spaces, and which
shall contain the conditions under which use is to be allowed.
Such permits shall be on a month-to-month basis only.
except where specifically excepted from such requirements
by the city manager or his authorized representative. The
city manager or his duly authorized representative shall
establish charges for the use of the boat slips and docking
spaces from which revenue is to be received, which charges
shall be uniform as to type of space or services to be furnished,
shall be established in writing, shall be posted at the Marina
Building on Clearwater Beach and shall be effective seventy-
two (72) hours after written notice of a change thereof has
been so posted. The permit issued pursuant to this section
shall not be construed_ to_convey_ or grant any interest in the
docking facility and shall be considered to be a license agreement.
SEE ORDINANCE
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Ord. 02181 9/4180
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6
apter
, Boats,
Section 2. Section 6-20, Public anchorage, of C °
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Docks and Waterways, of the Code of Ordinances of the City of Clearwater, `
Florida, 1962, is hereby amended to read as follows!
Sec. 6-20. Public anchorage.
Public anchorages within the city limits may be established
or designated only b the city manager, or his authorized
representative. Therefore, except as provided under section y;, ,, ,.•,•.?, ?;?,,,. ?;
6-19 (b) and except as further provided hereunder, the es- ='`?':3„•,';' f°t';
tablishment of permanent floating mooring devices, or the
anchoring of vessels in the waters of the city for any period
exceeding seventy-two (72) hours in lieu of mooring at a dock ,
or similar facility is prohibited. A
Public anchorages may be designated by the city manager,
or his authorized representative, in which areas floating
mooring devices may be established by the city or by private
parties, at the option of the city. Establishment or use of
such a device will require a permit from the city, for which
reasonable charges may be assessed, and no such device shall
be established or used prior to issuance of such permit.
The provisions of this section permitting anchoringz of vessels
for a period not. exceeding seventy-two (72) hours shall not
apyly to that area defined and described in Section 6-9. LLb)
of the Code of Ordinances of the City of Clearwater. Within
the area defined and described in Section 6-9. 1 (b) no anchoring
of vessels shall take place except when an emergency condition
exists. An emergency condition shall be defined to include_
failure of the vessel to operate or inLury or illness suffered
by the person operating the vessel.
Section 3. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 4. 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 5. Any person, or persons, firm or corporation or association
of persons, who shall violate or fail to comply with any of the terms or
provisions of this ordinance shall, upon conviction, be fined not exceeding
the sum of Five Hundred Dollars ($500. 00).
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Ord. 02181 ^
Section 6. 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 7. The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING August 21, 1980
PASSED ON SECOND AND FINAL September 4, 1980
READING AND ADOPTED
AS AMENDED
May Commisaione
Attest; l
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City. Clerk
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