8146-10
ORDINANCE NO. 8146-10
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
DELETING PROVISIONS OF CHAPTER 33, WATERWAYS AND
VESSELS, CLEARWATER CODE OF ORDINANCES, REGULATING
VESSEL OPERATION WITHIN CITY WATERWAYS THAT ARE
PREEMPTED TO THE STATE; TO ADD DEFINITIONS TO CONFORM
WITH STATE LAW; AND TO CLARIFY THE TYPES OF VESSELS
THAT MAY UTILIZE CITY-OWNED DOCKING FACILITIES SO THAT
BOTH CITY CHARTER AND CODE ARE CONSISTENT; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Florida House Bill 1423 modifies Chapter 327, Florida Statutes, by limiting
the ability of local governments, such as municipalities and counties, to regulate vessel
operation within their waterways in many instances; and
WHEREAS, the amendments contained herein are for the purpose of bringing the
Clearwater Code of Ordinances, Chapter 33, Waterways and Vessels, in conformity with
Florida Statutes, and
WHEREAS, use of the proposed downtown designated slips is limited by City Charter to
recreational, noncommercial vessels, and
WHEREAS, neither the City Charter nor the Clearwater Code of Ordinances defines
what constitutes a recreational or commercial vessel, and
WHEREAS, the amendments contained herein shall amend the Clearwater Code of
Ordinances to permit usage of city-owned docking facilities consistent with the City Charter,
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Chapter 33, Waterways and Vessels, Section 33.001 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.001. Municipal A~uthority of city to regulate waterways.
The city shall possess all rights permitted by 1:3'1.' to regulate the use of all waterways
within the city and the conduct of all persons using such waterways, except as otherwise
provided bv law.
Section 2. That Chapter 33, Waterways and Vessels, Section 33.002 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.002. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Ordinance No. 8146-10
fI,bQndoned means an unattended vessel which is adrift, discarded, sinking or sunk or
any unattended vessel which is totally or partially beached on public or private property 'Nithout
the '.vritten consent of the harbormaster or the landowner for a period of 72 hours or longer.
City commission council means the city commission council of the City of Clearwater,
Florida
Commercial vessel means:
(a) Anv vessel primarilv enQaQed in the takinQ or landinQ of saltwater fish or saltwater
products or freshwater fish or freshwater products, or any vessel licensed pursuant to
Florida Statutes from which commercial quantities of saltwater products are harvested.
from within and without the naviQable waters for sale either to the consumer. retail
dealer. or wholesale dealer.
(b) Anv other vessel. except a recreational vessel as defined in this section.
Derelict vessel means any vessel that is left. stored. or abandoned:
(a) In a wrecked. iunked. or substantiallv dismantled condition upon any naviqable
waters within the city;
(b) At any port or mooring facilitv in this city without the consent of the aQencv havinQ
iurisdiction thereof: or
(0) Docked. Qrounded at. or beached upon the property of another without the consent
of the owner of the property.
Direct sewage pump-out connection means a connection between a vessel and the city
sewer system for the purpose of removing sewage from the holding tank or head on a vessel.
Disabled, as used to describe a vessel, means that the vessel is unable to move under
its own mechanical power or sail because of a mechanical failure or emergency.
Discharge means but is not limited to any spilling, leaking, pumping, pouring, emitting,
emptying, or dumping.
Dock means as defined by section 8-102 of the Clearwater Community Development
Code~.
Harbormaster means the harbormaster of the city, or the harbormaster's designee or
duly appointed substitute or deputy.
Hazardous chemicals or substances means the term as defined by state and federal
law or regulations.
Holding tank means a receptacle on a vessel which is used to contain sewage.
Lenath means the measurement from end to end over the deck parallel to the centerline
excludinQ sheer.
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Ordinance No. 8146-10
Live-aboard vessel means:
(a) Anv vessel used solelv as a residence and not for naviqation;
(b) Anv vessel represented as a place of business, or a professional or
other commercial enterprise; however, a commercial fishinq boat is expresslv excluded
from the term "live-aboard vessel;" or
(c) Anv vessel for which a declaration of domicile has been filed pursuant
to Florida Statutes
Live aboard vessel means a vessel '.vhich is occupied or used by one or more persons
as a place of habitation, residence, as living quarters or f-or dwelling purposes, temporarily or
permanently, regardless of '.vhether such person has established another domicile or place of
residence.
Marina facilities means as defined by section 8-102 of the Clearwater Community
Development Code35:-44.
Marine sanitation device means equipment other than a toilet. for installation on board a
vessel. which is desiqned to receive, retain, treat. or discharqe sewaqe, and any process to
treat such sewaqe.any equipment for installation on board a vessel '#hich is designed to
receive, retain, treat, or discharge sewage, and any process to treat such sC'Nage.
Mooring means the act of docking, anchoring, intentional grounding, or otherwise
securing a vessel such that any portion of the vessel is in the water.
Motorboat means any vessel equipped with machinery for propulsion, irrespective of
whether the propulsion machinery is in actual operation.
Navigable waters means all portions of those waters, up to and including the mean
high-water mark, located within the corporate limits of the city, which are of such size and so
situated as may be used for purposes common or useful to the public, and shall include all
waterways or portions of waterways which are susceptible to being used in their natural and
ordinary condition as a highway for commerce, over which trade and travel are or may be
conducted in the customary modes of trade and travel on water. This definition shall not apply
to landlocked inland waters to which the general public does not have access or the right of
use.
Operate means to be in charqe of or in command of or in actual phvsical control of a
vessel upon the naviqable waters, or to exercise control over or to have responsibilitv for a
vessel's naviqation or safety while the vessel is underway upon the naviqable waters, or to
control or steer a vessel beinq towed bv another vessel upon the naviqable waters.
Owner means a person, other than a lienholder. havinq the property in or title to a
vessel. The term includes a person entitled to the use or possession of a vessel subiect to an
interest in another person, reserved or created bv aqreement and securing payment of
performance of an obliqation, but the term excludes a lessee under a lease not intended as
security.
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Ordinance No. 8146-10
Person means an individual, partnership, corporation, or other legal entity. As used in
this chapter, the term includes but is not limited to any owner. master, officer, or employee of
any vessel.
Personal watercraft means a vessel less than 16 feet in lenQth which uses an inboard
motor powerinQ a water iet pump. as its primary source of motive power and which is desiQned
to be operated by a person sittinQ, standinQ. or kneelinQ on the vessel. rather than in the
conventional manner of sittinQ or standinQ inside the vessel.
Petroleum products means oil, gasoline, diesel fuel, petroleum or chemical
compositions of any kind which contain petroleum in any form, including fuel oil, oil sludge, oil
or fuel residue, and oil refuse.
Recreational vessel means any vessel:
(a) Manufactured and used primarily for noncommercial purposes; or
(b) Leased. rented. or chartered to a person for the person's noncommercial use.
Sewage means human body wastes and the contents and wastes from toilets, marine
sanitation devices, and other receptacles designed, intended, or used to receive or retain
human body wastes.
Sewage pump-out station means a system consisting of a pump, with or without a tank,
with sewer transfer lines having an approved connection to the city sewer system, which can
be temporarily connected to a vessel for the purpose of removing sewage from the vessel's
holding tank or head. Any such system may be either fixed or portable.
Vessel is synonymous with boat as referenced in s. 1(b), Art. VII of the State
Constitution and includes every description of watercraft. barQe. and airboat. other than a
seaplane on the water. used or capable of beinq used as a means of transportation on water.
means ~my watercraft, boat, barge, or any other contrivance of any description, type, and
purpose v.'hich is capable of being reasonably used as j) means of transportation of or
occupied by persons or property upon navigable 'J.'aters, whether or not pO't/ered by any
machine or device.
Section 3. That Chapter 33, Waterways and Vessels, Section 33.006 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.006. Clearwater Marina building leases.
(2) Rental rates. Rental rates shall be generally consistent with the rates for
commercial space on Clearwater Beach, and with the rates historically earned by spaces in the
marina. Rental rates may include a flat rate, a percentage of gross revenues, or a combination
thereof. The rental of a space for a flat rate or a percentage of gross revenues, or combination
thereof, less than 100 percent of that paid by the prior lessee shall require the approval of the
city commissioncouncil.
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Ordinance No. 8146-10
Section 4. That Chapter 33, Waterways and Vessels, Section 33.024 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.024. Permitted uses; division of uses.
In designating the use to be made '",here boat slips and docking spaces are provided,
provision shall be made for pleasure vessels and commercial vessels. City-owned or controlled
boat slips and dockinq spaces shall be used only for recreational vessels and commercial
vessels. Use of those areas set aside for pleasure recreational vessels shall be limited to wet
storage of private recreational. noncommercial vessels and transient cruising vessels of
various types. Unless otherwise authorized by the Harbormaster, use of city-owned boat slips
or dockinq spaces shall be limited to one vessel per space. No commercial activity shall be
permitted in or from docking spaces designat~ for use by private pleasure recreational.
noncommercial vessels. Use of those areas set aside for commercial vesselsHSe shall be
limited to the followinq type~ of commercial activities: 1) passenqer-carrvinq or passenger
service-oriented, such as, but not limited to vessel knmvn and operated as open party boats,
excursion boats, charter boats, and personal watercraft rental and small boats for hire.: or 2)
Nnon-passenger-carrying-,-vessels engaged in commercial fishing, or other similar enterprises
as defined within this chapter. may be docked only in spaces specifically designated for that
purpose.
Section 5. That Chapter 33, Waterways and Vessels, Section 33.029 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.029. Payment of dockage fees.
Dockage fees for city-owned dock space assigned to commercial vessels or private
pleasure recreational vessels on a month-to-month basis, or other time frame as approved by
the city manaqer, shall be paid monthly in advance. Dockage fees for transient vessels shall
be paid daily, weekly or monthly in advance.
Section 6. That Chapter 33, Waterways and Vessels, Section 33.052 be amended by
deleting the stricken language as follows:
Sec. 33.062. Equipment of vessels generally.
All vessels within or upon the navigable waters shall at all times have present,
accessible, and in good 'Norking order all equipment required by state or foderal law or
regulation. I\ny vessel which is equipped with a marine toilet or other marine sanitation device
shall comply with sanitation device type and performance standards, rules, and regulationc
stated in 40 CFR 140 or in applicable provisions promulgated by the Coast Guard or the
secretary of the department in 'A'hich the Coast Guard is operating, under the authority of 33
USC section 1322 and such other applicable f-ederal law relating to marine sanitation and
pollution control.
(Code 1980, ~ 114.04)
Section 7. That Chapter 33, Waterways and Vessels, Section 33.053 be amended by
deleting the stricken language as follows:
Sec. 33.063. Muffling devices required.
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Ordinance No. 8146-10
The exhaust of every internal combustion engine used on any vessel shall be eff-ectively
muffled by equipment so constructed and used as to muffle the noise of the exhaust in a
reasonable manner. The use of cutouts is prohibited, except for vessels competing in a regatta
or official race, and for such vessels while on trial runs. VVhen permitted by this section, the
noise level attained through use of cutouts or similar devices shall not be of sufficient volume
as to unreasonably disturb or inconvenience the general public or residents of adjacent areas.
(Code 1980, S 114.51)
Cross references: Traffio and motor vehicles generally, ch. 30.
State law ref-orences: Similar provisions, F.S. S 327.65.
Section 8. That Chapter 33, Waterways and Vessels, Section 33.054 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.05~4. Live-aboard vessels and temporary Iivina accommodation permits.
(1) Prohibited; exceptions. It shall be unlawful for any person to moor or anchor any
live-aboard vessel at any location within or upon tAe navigable waters in the city for any period
of time in excess of 72 hours, except as follows:
(a) At a marina facility for which conditional use approval has been obtained, or a
marina facility in existence as of October 13, 1985, for which conditional use approval
would otherwise be required; or
(b) At a dock or facility at which temporary livinQ accommodation live aboard activities
are not specifically authorized pursuant to the terms of a temporary permit issued to the
owner or operator of the vessel by the harbormaster.
(2) Temporary permits. The harbormaster shall have the authority to issue a
temporary live aboard livinQ accommodation permit, which permit shall be limited to 15 days,
to the owner or operator of a vessel to be moored at a dock or facility at which live aboard
activities temporary IivinQ accommodation is afe not specifically authorized, upon payment of a
permit fee as set out in appendix A to this Code. As conditions precedent to the issuance of a
temporary permit, the owner, operator, or person in charge of the vessel shall consent to an
inspection by the harbormaster of the vessel's marine sanitation and safety equipment; agree
that no more persons will reside on the vessel than it was designed to reasonably
accommodate and in no instance shall more persons reside thereon than there are permanent
accommodating berths; agree not to place, discharge or deposit, or cause or allow to be
placed, discharged or deposited any sewage, trash, garbage, petroleum products, hazardous
chemicals or substances, or refuse material of any kind or description into the navigable
waters while moored or operating within the city during the period covered by the permit;
demonstrate that the written permission of the dock or facility owner to moor the vessel thereto
during the period covered by the temporary permit has been obtained; and provide evidence of
the availability of toilet facilities for the vessel's occupants while moored. Not more than six
temporary livinQ accommodation live aboard permits may be issued to the owners or operators
of the same live aboard vessel in any 12-month period, and not more than two such permits
may be issued in succession for the same vessel. The permit may be revoked at any time by
the harbormaster upon a showing of probable cause that a condition precedent to the issuance
of the permit has not been met or has been violated after issuance of the permit and, upon
such a showing, no additional permit shall be issued to the permit holder or to any person
shown to have committed a violation for a period of one year from the date of the violation. Any
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Ordinance No. 8146-10
permit granted pursuant to this subsection shall be valid only for the place or facility specified
upon the permit and shall be conspicuously posted according to the directions of the
harbormaster.
Section 9. That Chapter 33, Waterways and Vessels, Section 33.055 be amended by
deleting the stricken language as follows:
Sec. 33.066. Houseboats.
(1) 1\ houseboat is defined as any vessel of any design used as a d\velling, '.\lith living
aocommodations. /\ private dock is defined as any dook, 'J.'harf, pier, slip, sea\.\'all, or any other
structure abutting any lot zoned f{)r residential use.
(2) Except as provided in this section, no houseboat shall be moored to any private
dock, wharf, pier, slip, seawall, or other structure abutting any lot zoned for residential use in
the 'A'aters embraced within the boundaries of the city f{)r more than a 72 hour period.
(3) The language of this section shall not be so construed as to prohibit any boat from
occupying available space 't.'ithin the waterways of the city during a period of time reasonably
neoessary for protection of the boat from inclement weather conditions.
(4) Any O'.\'ner of a vessel used as a d'.velling with living accommodations or his duly
authorized agent who desires to moor a houseboat to any private dock for more than 72 hours
shall be required to file and submit a 'Nritten application for a moorage permit utilizing an
application form provided by the harbormaster. Such application shall state that a vessel used
as a houseboat meets all current environmental proteotion agency discharge requirements in
eff-ect at the time such applioation is made and furthermore for the purpose of meeting all
current environmental proteotion agency discharge requirements such vessel shall be
inspected by the harbormaster or other appropriate oity official. Such application shall further
oontain the signature of the O'.\'ner of the lot to which the dock is attached and the signatures of
all lots abutting such lot when suoh vessel is moored to a private dook, 'Nhich signatures shall
indioate on such application form that the property owners have no objection to such moorage
f{)r a period of not more than 120 days in anyone oalendar year.
(5) The harbormaster upon submission to him of an application in proper f{)rm and
meeting the requirements as set f{)rth in subsection (-1) of this section and upon payment of
any necessary permit foe shall then issue to the O'l/ner of such houseboat a permit allO'.ving
suoh vessel to be moored to a private nonlicensed dock whioh permit shall be valid for a period
of not more than 120 days in anyone calendar year from the date of submission by the
harbormaster.
Section 10. That Chapter 33, Waterways and Vessels, Section 33.056 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.05~6. Regattas, races, marine parades, tournaments, exhibitions.
Any person directing the holding of a regatta, tournament or marine parade or exhibition
shall secure a special event permit from the city, pursuant to the city's special events code.
when such event: reQuires the use of any public street. sidewalk. alley. park beach or other
public place or building: or can substantially inhibit the usual flow of pedestrian or vehicular
travel; or reQuires the occupation of any public area or buildinQ which results in preemptive use
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Ordinance No. 8146-10
bv the qeneral public or which deviates from that public area or buildinq's established use to
conduct such special event. is held in waters within the city limits. ^ person directing such
affairs shall apply to the city manager for a permit at least 30 days prior to the soheduled date
of any event. Safety, noise level and public convenience will be considered in allowing or
refusing permits for such affairs. The issuance of such a special event permit shall not relieve
the applicant of the responsibility for securing such additional permits as may be required by
the United States Coast Guard or other agency having jurisdiction.
Section 11. That Chapter 33, Waterways and Vessels, Section 33.057 be amended by
deleting the stricken language as follows:
Sec. 33.057. Public anchorage.
(1) Publio anohorages within the city limits may be established or designated only by
the city m:mager. Theref{)re, except as provided by section 33.055(3) and exoept as further
provided in this seotion, the establishment of floating mooring devices or the anchoring of
vessels in the '....aters of the city f{)r any period exceeding 72 continuous or cumulative hours
during any 30 day period, in lieu of mooring at a dock or similar facility, is prohibited. Any
vessel violating the provisions of this section shall be subject to removal and impoundment as
authorized by section 33.058.
(2) Publio anchorages m3Y be design3ted by the city m3n3ger. In such 3re3S flo3ting
mooring devices may be est3blished by the city or by priv3te parties, at the option of the oity.
Est3blishment or use of such 3 device will require 3 permit from the city, for which reason3ble
ch3rges m3Y be 3ssessed, 3nd no such device Sh311 be est3blished or used prior to the
issu3nce of suoh permit.
(3) The provisions of this section permitting anchoring of vessels f{)r 3 period not
exceeding 72 hours Sh311 not 3pply to that 3rea defined 3nd described in scction 33.067(4).
'Nithin the 3rea defined and desoribed in seotion 33.067(4), no 3nchoring of vessels shall t3ke
place except when 3n emergency condition exists. An emcrgenoy condition me3ns f3ilure of
the vessel to oper3te or injury or illness suffered by the person oper3ting the vessel.
Section 12. That Chapter 33, Waterways and Vessels, Section 33.058 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.05!8. Parking, storing vehicle, trailer, vessel in the parkina area of public
dockina facilities over 7224 hours.
fB No vehicle, vessel or trailer may be parked or stored in the public parking area of
any public dock, launching ramp or other public waterfront facilities for a period of more than
~72 consecutive hours. Any vehicle, vessel or trailer found parked or stored in violation of the
time provision set out in this section shall in addition to the penalty provided in section 1.12 be
deemed derelict and/or abandoned and subiect to removal as provided bv law. subject to the
remov31 provision provided in this section. Within this section, the term "vehicle" shall mean
any device in, upon or by which any person or property is or may be transported or drawn
upon a street or highway, and the term "trailer" shall mean any vehicle with or without motive
power designed for carrying persons or property and for being drawn by a motor vehicle.
(2) Follmving removal, the h3rbormaster Sh311:
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Ordinance No. 8146-10
(n) Immedintely notify the owner or person holding the registration of such vehicle,
trailer or vessel as to where the vehicle, trailer or vessel \fins t:Jken;
(b) Provide such O\vner or registrnnt with nn opportunity to reclaim the vehicle, trniler
or vessel following the pnyment of the charges assessed f{)r impounding the vehicle,
trniler or vessel; nnd
(c) Provide such owner or registrant with an opportunity to provide any reason such
o...mer or registrnnt may hnve as to 'Nhy the charges should not be nssessed prior to the
time that suoh nssessment becomes finn!.
Section 13. That Chapter 33, Waterways and Vessels, Section 33.059 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.05~9. Prohibited mooring, beaching or placing of vessels.
(1) No vessel of any kind whatsoever shall moor to or tie up to a private seawall or dock
or be beached upon private property within the city limits without the permission of the owner
thereof.
(2) No vessel that is in an unreqistered. derelict. wrecked. iunked. or substantiallv
dismantled condition shall be permitted to dock. moor. or tie UP at any private seawall. dock. or
mooraqe space within the city. except that such vessel may moor at licensed marine facilities
for the purpose of repair.
t21m No vessel shall be moored or otherwise placed in such a manner as to impede,
restrict, or otherwise interfere with the use of public docks, launching ramps or other public
waterfront facilities.
~ffi No vessel shall be permitted to occupy the City-owned Island Way Grill.. non-
leased public dock slips during the period each night between 10:00 p.m. and 8:00 a.m.,
except in an emergency as authorized by the Gcitv Hharbor-Mmaster. The harbor-master will
determine whether the circumstance constitutes an emergency.
t4t@ No vessel shall be permitted to occupy the City-owned Recreation Center (Sand
Pearl), non-leased portion of the public dock slips during the period each night between 10:00
p.m. and 8:00 a.m., except in an emergency as authorized by the city harbor-master. The
harbor-master will determine whether the circumstance constitutes an emergency.
(6) No vessel shall be permitted to OCCUpy the City-owned side tie. non-leased public
moorinQ section of the Downtown Boat Slips. durinq the period each niqht between 9:00 p.m.
and 8:00 a.m., except in an emerqenCV or hours may be adiusted to coincide with special
events as authorized bv the city harbor-master. The harbor-master will determine whether the
circumstance constitutes an emerQencv or a special event.
tatill Vessels in violation of this section shall be subject to punishment as provided bv
law. and all costs of towinq and storage of vessels in violation of this section shall be assessed
to the vessel owner.n fine, possible removnl or impoundment by the oity, nnd oosts incident
thereto shall be borne by the owner.
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Ordinance No. 8146-10
Section 14. That Chapter 33, Waterways and Vessels, Section 33.060 be amended by
deleting the stricken language as follows:
Sec. 33.060. Unsightly or badly deteriorated boats.
(1) No vessel of :my kind whatsoever which is of unsightly appearance or in badly
deteriorated condition, '.\'hich is likely to damage docks or other vessels, or which might
become a menace to navigation shall be permitted to moor or tie up at any dock within the city
limits. Any vessel in such condition is hereby declared to be a public nuisance.
(2) The city manager shall determine whether any vessel is of unsightly appearance or
in a badly deteriorated condition, and if found to be so shall take steps to compel the repair or
removal of same.
(3) 'Nhere such action is necessary in the performance of his duties pursuant to this
section, the city manager shall have authority to remove any 'Jesse I and shall move or cause
such vessel to be removed to a boatyard or to a public dock. The owner of such vessel shall
be assessed all charges accruing from such action.
Section 15. That Chapter 33, Waterways and Vessels, Sections 33.061 be amended by
deleting the stricken language as follows:
Seo. 33.061. Disabled ',ossels.
1\ disabled vessel '.\'hich is moored in excess of 72 hours shall be subject to removal
and storage by or at the direction of the harbormaster at the expense of the m..mer or person in
charge of the vessel. ^ disabled vessel which constitutes a hazard to navigation, by virtue of
its condition or location, may be summarily removed by or at the direction of the harbormaster
if the owner or person in charge of the vessel is not able to move such vessel so that the
hazard or danger no longer exists.
Section 16. That Chapter 33, Waterways and Vessels, Sections 33.062 be amended by
deleting the stricken language as follows:
Seo. 33.062. Abandonment of vessels; mooring so as to menace navigation.
It shall be unla'.vful for any person to abandon any vessel in the public watel\vays 'Nithin
the corporate limits of the city or to moor such vescel in such manner as to oause it to beoome
a menace to navigation.
Section 17. That Chapter 33, Waterways and Vessels, Section 33.063 be amended by
deleting the stricken language as follows:
Seo. 33.063. Blocking navigation channel.
(1) Definitions. The following 'Nords, terms and phrases, when used in this seotion,
shall have the meanings ascribed to them in this section, except '.vhere the context clearly
indicates a different meaning:
(a) Navigation ohannel means any ohannel bet\veen tv/o land masses, fingers or
landfills designed for use by 'Natercraft of any type, any project channel marked and
maintained by the federal government, a natural channel marked either by the federal
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Ordinance No. 8146-10
government or :::l I OC:::l 1 government:::ll :::lgency, or :::lny n:::ltur:::ll or :::lrtifici:::ll ch:::lnnel '/lhich is
neither m:::lrked nor m:::lint:::lined by :::lny government:::ll :::luthority.
(b) Device means :::lny net, seine, rope, st:::lke, piling, pontoon, flo:::ltline '/lire, tr:::lp, buoy
or :::lny simil:::lr device, except :::l h:::lnd thrO'.vn C:::lst net.
(2) Blocking n:::lvig:::ltion ch:::lnnel Unl:::l'Nful. It sh:::lll be unl:::l'Nful '.vithin the corpor:::lte
limits of the city to pl:::lce into :::lny n:::lvig:::ltion ch:::lnnel, :::lS th:::lt term is defined in this section, :::lny
device th:::lt either tempor:::lrily or perm:::lnently obstructs the n:::lvig:::ltion ch:::lnnel in such :::l
m:::lnner :::lS to impede the movement of vessels within the n:::lvig:::ltion channel or 'J.'hich impedes
the ingress and egress of vessels in such n:::lvig:::ltion channel, except where placement of such
devices is required in carrying out duly :::luthorized dredging and ch:::lnnel maintenance
programs.
Section 18. That Chapter 33, Waterways and Vessels, Section 33.064 be amended by
deleting the stricken language as follows:
Sec. 33.064. Removal and impoundment of dangerous or hazardous '.\(atercraft.
(1) Any vessel '....hich, due to fire, explosion, accident, :::lct of God, or other disaster
which, in the expert opinion of the city harborm:::lster, constitutes :::l clem :::lnd present d:::lnger to
life or property, shall be subject to rem OV:::l I and impoundment by the city in a manner
consistent with the pnr:::lmount interest of providing for the s:::lf-cty of the public, and costs
incident thereto shall be borne by the O'.'mer.
(2) Any sunken vessel which, in the expert opinion of the city h:::lrbormaster, constitutes
:::l hazard to navigation, sh:::lll be subject to remov:::l1 :::lnd impoundment by the city in :::l m:::lnner
consistent with the par:::lmount interest of maint:::lining the watel\vays in a s:::lf-c and n:::lvig:::lble
condition, :::lnd the costs incident thereto shall be borne by the owner.
Section 19. That Chapter 33, Waterways and Vessels, Section 33.065 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.05665. Speed of vessels--Restrictions.
(1) No person shall operate a vessel or allow a vessel to be operated in any water area
of the city designated and posted as an idle speed--no wake zone at a speed greater than the
slowest speed necessary to maintain steerageway.
(2) No person shall operate a vessel or allow a vessel to be operated in any water area
of the city designated and posted as a slow speeddown -minimum wake zone at a speed
greater than that speed which is reasonable and prudent under the existing circumstances to
avoid an excessive wake. A vessel shall be deemed to be operated in compliance with this
subsection if the vessel is operated completely off a plane and settled into the water while
producing no wake or a minimum wake. A vessel shall be deemed to be operated in violation
of this subsection if the vessel is operated on a plane.
Section 20. That Chapter 33, Waterways and Vessels, Section 33.066 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.05766. Same--Posting of areas.
11
Ordinance No. 8146-10
The harbormaster shall post or cause to be posted signs in all areas designated by
ordinance as slow speed€iewR--minimum wake or idle speed--no wake zones, including
appropriate signs identifying the beginning and end of each zone, when permitted by law. tAe
state department of natural resources. E3ch sign sh311 include, among other inform3tion, 3
reference to the appropriate ordin3nce of the city and the st3te dep3rtment of n3tural
resources permit number.
Section 21. That Chapter 33, Waterways and Vessels, Section 33.067 be amended by
adding the underlined language and deleting the stricken language as follows:
Sec. 33.05861. Same--Areas defined.
(1) Slow speed€iewR --Minimum wake zone, west of Clearwater Pass Bridge. All
waters of Clearwater Pass Channel from shoreline to shoreline, westward of Clearwater Pass
Bridge to a point approximately 900 yards west of the bridge, which point is marked by
Clearwater Pass Light No.6, are designated as a slow speed€iewR --minimum wake zone.
(2) Slow speed€iewR --Minimum wake zone, east of Clearwater Pass Bridge. All
waters east of Clearwater Pass Bridge and within the following described area are designated
as a slow down--minimum wake zone: Begin at the point where the Clearwater Pass Bridge
connects with Sand Key on the south, then to a point 470 yards east of the center span of the
bridge, which point is marked by Clearwater Pass day beacon no. 16, then to a point
approximately 500 yards north, northeast of day beacon no. 16, marked by Marina Channel
light no. 8, then due west to the shoreline of Clearwater Beach Island, then following the
shoreline southwesterly and westerly to the bridge, and then south to the point of beginning.
(3) Slow speed€iewR --Minimum wake zone, Clearwater Marina Channel. All waters of
the Clearwater Marina Channel from a point marked by a buoy designated number #1 at
latitude 27 degrees 58 minutes .577 seconds north, longitude 82 degrees 49 minutes .316
seconds west then following the mean low water mark (MLW) north-northwest to the point of
the idle speed no wake zone at latitude 27 degrees 58 minutes 33.7(.5617) seconds north,
longitude 82 degrees 49 minutes 17.8(.2967) seconds west, then continuing south along the
idle speed zone to the point of the eastern tip of the Devon Drive, at approximate latitude 27
degrees 58 minutes 25(.4167) seconds north, longitude 82 degrees 49 minutes 22(.3667)
seconds west, then following the shoreline along the channels between Devon Drive and
Brightwater Drive, and Brightwater Drive and Bayside Drive to a point marked by a buoy
designated by number #5 at latitude 27 degrees 58 minutes .238 seconds north, longitude 82
degrees 49 minutes .149 seconds west, then north to Marina Channel day board number 9,
marked by buoy designated by number #3 at latitude 27 degrees 58 minutes .290 seconds
north, longitude 82 degrees 49 minutes .085 seconds west, then along the Marina Channel
west to a point marked by a buoy designated by number #2 at latitude 27 degrees 58 minutes
.530 seconds north, longitude 82 degrees 49 minutes .299 seconds west, and back to point of
beginning are designated as slow speed€iewR -minimum wake zone.
(4) Idle speed--No wake zone, Clearwater Marina basin. All waters of the Clearwater
Marina basin lying west of the following described line are designated as an idle speed--no
wake zone: From the point on the shoreline nearest the eastern terminus of Devon Drive
(latitude 27 degrees 58 minutes 24 seconds north, longitude 82 degrees 49 minutes 23
seconds west), north-northeast approximately 150 yards to a point marked by Marina Channel
day beacon no. 11, then continuing north-northeast approximately 200 yards to a point on the
shore of Memorial Causeway.
12
Ordinance No. 8146-10
(5) Slow speed€l-ewR --Minimum wake zone; internal canal of Bayside subdivisions. All
waters of the canal between Brightwater Drive and Bayside Drive are designated as a slow
speed€l-ewR --minimum wake zone.
(6) Slow speed€l-ewR --Minimum wake zone; internal canals of Island Estates. All
waters of the internal canals of Island Estates are hereby designated as a slow speed€l-ewR --
minimum wake zone.
(7) Slow speed€l-ewR --Minimum wake zone, north of Memorial Causeway for vessels
greater than 25 feet in length. Single engine vessels 25 feet or less may operate at a speed
limit of 35 mph from Somerset Street to the northernmost point of the slow speed minimum
wake zone on Island Estates. All waters in the following described area are designated as a
slow down-minimum wake zone: Begin at a point approximately 75 yards, more or less, to a
point approximately on Island Way, located at 27 degrees 59 minutes 51 seconds north, 82
degrees 49 minutes 21 seconds west, then westerly to the easternmost point of Kipling Plaza
on Clearwater Beach Island, then southerly along the shoreline of Clearwater Beach Island to
the fixed highway bridge at the west end of Memorial Causeway, then easterly along the
bridge and Memorial Causeway to the west shoreline of Island Way, then northeasterly along
the shoreline of Island Way to the shoreline of Island Estates, then along the shoreline of
Island Estates to the point of beginning.
(8) No Internal combustion motors zone; Clearwater Community Sailing Center and
Adjacent Sand Key Beach. All waters in the following described area are designated as a no
internal combustion motors zone: Begin at the designated wake zone on the southeast corner
under the Clearwater Pass Bridge, at marker buoy 11, located at 27 degrees 57 minutes 33.6
seconds north, 82 degrees 49 minutes 18.54 seconds west, and continue in a southeast
direction to a point approximately 100 yards offshore, then in a southerly direction
approximately 800 yards, more or less, to a point marked by a buoy at 27 degrees 57 minutes
09 seconds north, 82 degrees 49 minutes 49 seconds west, then in a westerly direction 100
yards, more or less, to a point approximately on the mean high-water line at the Clearwater
Community Sailing Center, located at 27 degrees 57 minutes 55 seconds north, 82 degrees 49
minutes 49 seconds west, then in a northerly direction along the mean high-water line, then to
the point of beginning at marker buoy 11.
(9) Slow speed€l-ewR --Minimum wake zone; internal canals, of Marina Del Rey and
Isle of Sand Key. All waters of the internal canals of Marina Del Rey and Isle of Sand Key,
south of Harborage Court and north of the southern boundary of the city are designated as a
slow speed€l-ewR -- minimum wake zone.
(10) Slow speedOOwR --Minimum wake zone; Island Estates-Palm Island SE-Harbor
Island. All waters in the following described area are designated as a slow speedOOwR --
minimum wake zone: Begin at a point approximately on Palm Island SE located at 27 degrees
59 minutes 05 seconds north, 82 degrees 48 minutes 48 seconds west, then in an easterly
direction 75 yards, more or less, to a point marked by a buoy, then in a northerly direction
1,600 yards, more or less, to a point marked by a buoy, then in a southerly direction 75 yards,
more or less, to a point approximately on Island Way, located at 27 degrees 59 minutes 51
seconds north, 82 degrees 49 minutes 16 seconds west, then in a easterly direction to Harbor
Island and southerly direction along the shoreline to the point of beginning.
13
Ordinance No. 8146-10
(11) Slow speedGewR --Minimum wake zone; Windward Island. All waters in the
following described area are designated as a slow speed--minimum wake zone: Begin at a
point approximately on Palm Island SE, located at 27 degrees 59 minutes 07 seconds north,
82 degrees 48 minutes 46 seconds west, then in a southerly direction 1,600 yards, more or
less, to Private Aids number "5" -- 27 degrees 58 minutes 22 seconds north, 82 degrees 48
minutes 35 seconds west, then in a westerly direction to Windward Island and northerly in
direction along the shoreline to Palm Island SE, then approximately 75 yards east from the
shoreline to the point of beginning.
(12) Slow speedGewR --Minimum wake zone, along the Gulf of Mexico side of Sand
Key Beach. All waters in the following described area are designated as a slow speedGewR -
minimum wake zone: Begin at a point on the shoreline of the southern most property line of the
Sheraton Sand Key Resort at 1160 Gulf Blvd. to a point approximately 300 feet offshore, more
or less, located at 27 degrees 57 minutes 11 seconds north, 82 degrees 49 minutes 59
seconds west, then southerly approximately 1,900 yards, more or less, to the southernmost
City of Clearwater limits, located at 27 degrees 56 minutes 11 seconds north, 82 degrees 50
minutes 30 seconds west, then easterly approximately 300 feet to shore, parallel to Sand Key
Estates Court, then northerly along the shoreline of Sand Key Beach to the point of beginning.:.,
Section 22. That Chapter 33, Waterways and Vessels, Section 33.068 be amended by
deleting the stricken language as follows:
Seo. 33.068. Same Florida Intracoastal waterway exoluded.
The regul3tions 3nd restrictions cont3ined in sections 33.065 through 33.067 shall not
be so construed 3S to 3pply to 3ny portion of the Florid3 Intr3003st31 VV3ter\v3Y.
Section 23. That Chapter 33, Waterways and Vessels, Section 33.069 be amended by
deleting the stricken language as follows:
Sec. 33.069. Operating or dooking "ossels while under the influence of alcoholic
be"erages or oontrolled substanoes.
It Sh311 be unl3vRul for 3ny person to oper3te or 3ttempt to oper3te 3ny ':essel in 3ny of
the w3ters '....ithin the corpor3te limits of the city 'Nhile under the influence of alooholio
be'v'er3ges or controlled subst3nces, or for 3ny person to 3ttempt to dook 3 vessel 3t 3
municip31 dook Y.'hile under the influenoe of 31ooholic beverages or oontrolled subst3nces or in
3 reckless or o3reless m3nner.
(Code 1980, ~ 114.44)
Cross ref-crencos ,^,Iooholio bever3ges, ch. 6; p3rks, be30hes 3nd recre3tion, ch. 22.
State law references Similar provisions, F.S. ~ 327.35.
Section 24. That Chapter 33, Waterways and Vessels, Section 33.070 be amended by
deleting the stricken language as follows:
Sec. 33.070. Negligent oporation of surfboards, ':essels, lNaterborne aircraft.
(1) No person shall operate in the 'Nater of the city any surfboard, vessel, or
\\'aterborne aircraft of any type 'Nhatsoe'lcr, whether mechanized or not, in a careless or
negligent m3nner so as to end3nger the Iif-c, limb or property of any person.
14
Ordinance No. 8146-10
(2) Negligent oper3tion, 'Nhen used in this section, me3ns the f3ilure on the p3rt of the
oper3tor of 3ny surfb03rd, vessel, or 'N3terborne 3ircr3ft to exercise th3t degree of C3re
necess31)' under the oircumst3nces to prevent the end3ngering of life, limb or property of 3ny
person. Nogligent oper3tion m3Y be c3used by the oper3tor's ignor3nce, in3ttention,
indifference or gener31 c3relessness.
(Code 1980, ~~ 114.45,114.451)
Cross ref-crencos ,^,irports 3nd 3ircr3ft, ch. 4; p3rks, be3ches 3nd recre3tion, ch. 22;
b3thing 3nd s'J.'imming 3re3S in p3rks 3nd on be3ches, ~ 22.33.
State la'll references Reckless or c3reless oper3tion of vessel, F.S. ~ 327.33.
Section 25. That Chapter 33, Waterways and Vessels, Section 33.071 be amended by
deleting the stricken language as follows:
Sec. 33.071. Grossly negligent operation of surfboards, ...essols, 'Naterborne
aircraft.
(1) No person sh311 oper3te in the 'J.'3ters of the city 3ny surfb03rd, './essel, or
waterborne 3ircr3ft of 3ny type wh3tsoever, 'Nhether mech3nized or not, in 3 grossly negligent
m3nner so 3S to endanger the life, limb or property of 3ny person.
(2) Grossly negligent oper3tion, 3S used in this section, means extreme forms of
negligence. Gross negligence is 3n 3bsence of 311 C3re. The term me3ns th3t the oper3tor of 3
vessel knO'.\'s th3t 3 oert3in 3Ct C3n cre3te 3n unreason3ble risk of h3rm, even though he does
not necessarily intend to C3use h3rm.
(Code 1980, ~~ 114.452, 114.453)
Cross references Airports 3nd 3ircr3ft, ch. 4; p3rks, be3ches 3nd recreation, ch. 22;
bathing 3nd swimming 3re3S in parks 3nd on be3ches, ~ 22.33.
Section 26. That Chapter 33, Waterways and Vessels, Section 33.072 be amended by
deleting the stricken language as follows:
Sec. 33.072. Operation of watercraft near docks, piers, seawalls, shorelines.
No person sh311 oper3te 3ny vessel or 'N3terborne 3ircr3ft of 3ny type 'J.'h3tsoe'ler 3t 3ny
speed exceeding five miles per hour within 50 f-eet of 3ny dock, pier, se3\\'311 or shoreline
'J.'ithin the v.'aters of the oity.
(Code 1980, ~ 114.454)
Section 27. That Chapter 33, Waterways and Vessels, Section 33.073 be amended by
deleting the stricken language as follows:
Sec. 33.073. lJ'.'ater skiing.
(1) Definition. \^!3ter skiing, 3S used in this section, me3ns the act '.~.'heroby 3 person,
either b3ref-oot or upon '.vater skis, 3qu3pl3nes, kites, p:Jr3chutes, or 3ny similar devices or
contrivances, is towed behind 3ny type of vessel in 3ny m3nner wh3tsoever.
(2) TO'...,ing restrictions. 'Nhile eng3ged in '.vater skiing, it Sh311 be the responsibility of
the oper3tor of the to'.\'ing vessel to n3\'ig3te, m3neuver 3nd otherwise pilot tho towing vessol
in such m3nner 3S to keep the person being tO'Ned cle3r of other vossols, obstructions and
haz3rds of 3ny kind. No such vessel to'.ving 3 w3ter skier Sh311 bo m3nouvored in such 3
m3nner 3S to end3nger the lif-e, limb or property of the person being to'.\'od, or of other persons
15
Ordinance No. 8146-10
nearby. Similarly, no such vessel towing a water skier shall be maneuvered in such a manner
that the wake of the tmving 'Jessel or spray from the device being tmved shall result in danger
or damage to persons or property nearby, or in annoyance to other persons desiring peaceful
use of the city's 'Naterways. No person shall be tm...ed aboard inflatable tubes or similar
devices, or aboard any other device or contrivance 'Nhich, by reason of size, configuration,
design or construction does not aff-ord a saf-e degree of controllability to the person being
to'Ned.
(3) Prohibited in certain areas. \^.'ater skiing is prohibited in the f-ollowing areas of the
~
Cross references Definitions and rules of construction generally, S 1.02; use
regul3tions f-or parks and beaches generally, S 22.21 at seq.
State law references 'Nater skis regulated, F.S. S 327.37.
Section 28. That Chapter 33, Waterways and Vessels, Section 33.074 be amended by
deleting the stricken language as follows:
Sec. 33.074. Use of searchlights, horns, ':..whistles, bells, etc.
The use of searchlights, horns, whistles, bells or simil3r light or sound producing
devices on any vessel 'J.'ithin the city is prohibited except when used to satisfy the
requirements of sam navigation.
(Code 1980, S 114.52)
Section 29. That Chapter 33, Waterways and Vessels, Section 33.111 be amended by
adding the underlined language deleting the stricken language as follows:
ARTICLE V. VESSELVEHICLE-RESTRICTED AREAS
Sec. 33.111. 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:
16
Ordinance No. 8146-10
Business operator means a lessee, licensee, franchisee, or other person expressly
authorized by the owner to engage in the business of renting vessels on or seaward of the
owner's upland beachfront property.
Chase or emergency vessel means a vessel available solely for the purpose of effecting
a sea rescue in an emergency or for the purpose of ensuring that rental vessels are operated
in compliance with federal or state law or with city or county ordinances. The term does not
include vessels used for rental.
Corridor and marked corridor mean a defined area within the restricted area leading
from the shoreline to the western boundary of the restricted area, established in conjunction
with the approval of a waiver from the provisions of section 33.114 pursuant to this article, in
which vessels may be operated subject to the conditions of this article and the terms of the
waiver approval.
Customer means a person renting vessels to be operated in a corridor or using vessels
operated in a corridor whether or not consideration has been paid for such use. The term does
not mean an owner, a business operator, or an employee of either.
Manually powered vessel means a vessel which uses human physical effort as its
primary source of motive propulsion. The term does not include sailboats or other watercraft
whose sole source of propulsion is the wind.
Mechanically powered vessel means a vessel which uses an internal combustion
engine or an electric motor as its primary source of motive propulsion.
Owner means the owner of upland beachfront property having riparian rights.
Porson:J.! vK1t-orcr:J.ft means a class ^ (under 16 feet) inboard vessel which uses an
internal oombustion engine powering a '.vater jet pump as its primary source of motive
propulsion, designed to be operated by a person sitting, standing or kneeling on or being
tmved behind the vessel, rather than in the conventional manner of sitting or standing inside
the vessel.
Restricted area means the area defined in section 33.114.
V'/{Jrorcr:J.ft means, but is not limited to any boat, vessel, barge, personal watercraft,
surfboard, skimboard, '.vater ski, windsurf-er, or any other similar oontrivanoe or devioe used or
oapable of being used as a means of transportation on the water.
V'/:J.torcr:J.ftVessel operator means a person who is in actual physical control of or
steering a 'Nateroraft vessel or who is exercising control over or steering any device being
towed by a watercraftvessel.
Section 30. That Chapter 33, Waterways and Vessels, Section 33.114 be amended by
adding the underlined language deleting the stricken language as follows:
Sec. 33.114. Vessels and aircraft exclusion prohibited in oertain areas.
17
Ordinance No. 8146-10
Except as provided in this article, it shall be unlawful for any person to steer, propel,
operate or cause to be operated any vessel or aircraft within the waters of the following
described area located on Clearwater Beach:
Those portions of lands lying in and those lying seaward in sections 5, 6, 7 and 8, township 29
south, range 15 east, and within the following described tract in Pinellas County, State of
Florida; such tract being circumscribed by the following boundaries: Starting at state DNR
monument R-46 , for a point of beginning, having state grid coordinates north 1323162.118 and
east 232132.464; proceed south 27 degrees 58 minutes 31 seconds west, 697.919 feet;
thence north 47 degrees 19 minutes 57 seconds west, 850.00 feet; thence north 09 degrees
15 minutes 48 seconds east, 6406.778 feet; thence north 89 degrees 37 minutes 00 seconds
east, 753.562 feet; thence south 02 degrees 23 minutes 00 seconds east, 1518.50 feet; thence
south 01 degrees 44 minutes 00 seconds west, 785.00 feet; thence south 22 degrees 10
minutes 35 seconds west, 178.110 feet; thence south 06 degrees 30 minutes 52 seconds
west, 1529.520 feet; thence south 05 degrees 22 minutes 28 seconds west, 274.39 feet;
thence south 44 degrees 24 minutes 59 seconds west, 167.095 feet; thence south 23 degrees
27 minutes 12 seconds west, 1052.966 feet; thence south 05 degrees 08 minutes 46 seconds
west, 994.835 feet to the point of beginning, such westernmost line of 6406.778 length
representing an approximately 300-foot boundary line from the mean high-water line of
Clearwater Public Beach, such 300-foot restricted area to commence at the centerline of the
north jetty at the south end of Clearwater Beach Island and run northward to the centerline of
the Somerset Street end.
33.114A. All waters in the following described area are designated as no vessels: Begin at the
dock behind the Bait House on Pier 60, then out approximately 50 feet, located by a piling at
27 degrees 58 minutes 39 seconds north, 82 degrees 49 minutes 49 seconds west, and
continue in a westerly direction approximately 300 feet to a point on the T-dock of the Pier,
then in a northerly direction to a point marked by a buoy at 27 degrees 58 minutes 41 seconds
north, 82 degrees 49 minutes 53 seconds west, then in a westerly direction approximately 90
feet, more or less, to a point located by a buoy at 27 degrees 58 minutes 41 seconds north, 82
degrees 49 minutes 58 seconds west, then in a southerly direction approximately 100 yards to
a point located by a buoy at 27 degrees 58 minutes 39 seconds north, 82 degrees 49 minutes
54 seconds west, then in an easterly direction to a point located by a buoy at 27 degrees 58
minutes 39 seconds north, 82 degrees 49 minutes 52 seconds west, then north to a point on
the T -dock of the Pier, then east approximately 300 feet to a point located by a piling located at
27 degrees 58 minutes 37 seconds north, 82 degrees 49 minutes 52 seconds west, the north
to the dock of the Pier across from the Bait House on the Pier.
Section 31. That Chapter 33, Waterways and Vessels, Section 33.115 be amended by
adding the underlined language deleting the stricken language as follows:
Sec. 33.115. Removal and protective storaae and impoundment of vessels and
aircraft in violation of section 33.114.
Any vessel or aircraft as previously defined shall, upon being found to be in violation of
the provisions of section 33.114, be subject to removal and protective storaqeimpoundment by
the city. Prior to impoundment :::md removal and protective storaqe, the city shall provide notice
to the owner of such vessel or aircraft of such proposed action. Such notice shall be placed on
the property proposed to be removed and storedimpounded. Such notice shall include a
statement that a removal and protective storageor impoundment hearing will be conducted by
18
Ordinance No. 8146-10
the city manager setting forth the place and time of such hearing within five days of the date of
the notice. Such provision shall advise the owner or person interested in the property proposed
to be removed that unless such property is removed by such person, the person may appear
at the impoundment or removal and protective storaqe hearing to contest the decision to
remove such property. In situations where the owner has received personal notice to remove
the vessel or aircraft and has refused or neglected to comply, the police officer shall proceed
with protective storaoeimpoundment, provide the owner with a notice of protective
storaoeimpoundment and shall advise the owner that he may request a hearing similar to that
provided in section 30.076. \Nhere impoundmentprotecti'v'e stor3oe 3nd or remov31 is by the
eity, aAII costs relating to the removal and protective storaoe incident thereto shall be borne by
the owner of such property. as permitted bv law.
Section 32. That Chapter 33, Waterways and Vessels, Section 33.120 be amended by
adding the underlined language deleting the stricken language as follows:
Sec. 33.120. Same--Denial and reasons.
Within 30 days after the filing of an application for a waiver from the provisions of
section 33.114, the city councilcommission at a regularly scheduled meeting shall take action
on the application and shall send the owner written notice by regular U.S. mail of the action
taken. The waiver shall be granted unless one or more of the following conditions is found to
exist:
(1) The application is incomplete in a material respect.
(2) The application has been fraudulently completed.
(3) The activity proposed under the waiver application could not be conducted without
a reasonably likely threat of endangering public safety.
Section 33. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
February 4, 2010
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 18, 2010
~y~
'Fra'nk V. Hibbard
Mayor
Attest:
-----
-------------
Camilo A. Soto
Assistant City Attorney
19
Ordinance No. 8146-10