9383-20ORDINANCE NO. 9383-20
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE REGULATION OF
DERELICT VESSELS; AMENDING CODE OF
ORDINANCES CHAPTER 33 — WATERWAYS AND
VESSELS, ARTICLE III. — VESSELS, SECTION 33.055 —
PROHIBITED MOORING, BEACHING OR PLACING OF
VESSELS; PROHIBITING DERELICT VESSELS FROM
BEING LEFT IN THE CITY WATERWAYS, AND PROVIDING
FOR ENFORCEMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are currently and from time to time will be a number of derelict
vessels in, on, and under the City's navigable waterways; and
WHEREAS, such derelict vessels pose potential hazards to the environment, to
safe navigation, and commercial and recreational use of City waters; and
WHEREAS, derelict vessels are hazards to public safety and waterfront property
during severe weather; and
WHEREAS, § 823.11, Florida Statutes empowers the City with the authority to
provide for the removal and disposition, including destruction, of derelict vessels; and •
WHEREAS, City Council desires to promote the public safety, health, and welfare
of the residents of the City and the tourists and guests visiting or vacationing in the City
by reducing or eliminating the threats posed by derelict vessels through the exercise of
the authority granted to the City pursuant to § 823.11, Florida Statutes;
NOW THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1: Sec. 33.055, Clearwater Code of Ordinances is hereby amended : to
read as follows:
Sec. 33.055. - 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) It is unlawful for a person, firm, or corporation to store, leave, or abandon any
derelict vessel in any navigable waters within the City. No vessel that is in an
unregistered, derelict, wrecked, junked, or substantially dismantled condition shall
be permitted to dock, moor, or tie up at any private seawall, dock, or moorage
space within the city, except that such vessel may moor at licensed marine
facilities for the purpose of repair.
(3) 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.
(4) 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 city harbormaster. The
harbormaster will determine whether the circumstance constitutes an emergency.
Ordinance No. 9383-20
(5) No vessel shall be permitted to occupy the City -owned Recreation Center (Sand
Pearl), 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 city
harbormaster. The harbormaster will determine whether the circumstance
constitutes an emergency.
(6) No vessel shall be permitted to occupy the City -owned side tie, non -leased public
mooring section of the Downtown Boat Slips, during the period each night
between 9:00 p.m. and 8:00 a.m., except in an emergency or hours may be
adjusted to coincide with special events as authorized by the city harbor -master.
The harbor -master will determine whether the circumstance constitutes an
emergency or a special event.
(7) Vessels in violation of this section shall be subject to punishment as provided by
law, including, but not limited to those enforcement procedures contained in
Article 7 of the Clearwater Community Development Code, and all costs of towing
and storage of vessels in violation of this section shall be assessed to the vessel
owner.
Section 2: This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AUG 2 0 2020
SEP 0 3 2020
F nk Hibbard
ayor
Approved ► orm: Attest:
Aikt
at hew Smi
Assistant City Attorney
14-enyta2w
Rosemarie Call
City Clerk
Ordinance No. 9383-20