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9640-22 DocuSign Envelope ID:C760F98E-9C70-4C58-ABA5-3748A9980907 ORDINANCE NO. 9640-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE CITY OF CLEARWATER CODE OF ORDINANCES BY MODIFYING PROVISIONS OF CHAPTER 33, WATERWAYS AND VESSELS, REGULATING VESSEL OPERATION WITHIN CERTAIN AREAS OF STEVENSON CREEK; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, boating safety concerns regarding the operation of marine vessels at unsafe speeds within Stevenson Creek were brought to the attention of the City of Clearwater(the"City"); and WHEREAS, Florida Statute § 327.46(1)(b) authorizes the City to establish slow speed, minimum wake boating-restricted areas by ordinance when an area is 1.) within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet and 2.) on a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline; and WHEREAS, the City has decided to establish slow speed, minimum wake boating- restricted areas along Stevenson Creek to alleviate unsafe boating practices; and WHEREAS, the City has determined that the establishment of such slow speed, minimum wake boating-restricted areas will promote public safety and welfare for both Clearwater residents and boaters; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 33, Waterways and Vessels, Section 33.058. Same-Areas Defined., City of Clearwater Code of Ordinances, be amended to add the following additional subsections and read as follows: Section 33.058. — Same-Areas defined. (14) Slow speed — Minimum wake zone, Stevenson Creek. Stevenson Creek area within a 300 feet distance, Easterly of the center point located at the center of Betty Lane Bridge, that point having a Latitude of 27058'43.73" North and Longitude 82°47'01.11"West. 15 Slow speed — Minimum wake zone, Stevenson Creek. Stevenson Creek area between Betty Lane Bridge and Douglas Avenue Bridge. 16 Slow speed — Minimum wake zone, Stevenson Creek. Stevenson Creek area within a 300 feet distance, Northwesterly of the center point located at the center Ordinance No. 9640-22 DocuSign Envelope ID:C760F98E-9C70-4C58-ABA5-3748A9980907 of Douglas Avenue Bridge, that point having a Latitude of 27°58'59.53" North and Longitude 82°47'17.41" West. 17. Slow speed — Minimum wake zone, Stevenson Creek. Stevenson Creek area within a 300 feet distance, Southeasterly and Northwesterly of the center point located at the center of Pinellas Trail Bridge, that point having a Latitude of 27°59'13.34" North and Longitude 82047'30.92" West. Slow speed — Minimum wake zone, Stevenson Creek. Stevenson Creek area within a 300 feet distance, Easterly of the center point located at the center of Edgewater Drive Bridge, that point having a Latitude of 27°59'22.93" North and Longitude 82°47'44.56" West. 6. Intercostal Waterways area within a 300 feet distance, Westerly of the center point located at the center of North Fort Harrison Avenue/Edgewater Drive (US-19A) Bridge over Stevenson Creek, that point having a Latitude of 27°59'22.93" North and Longitude 82°47'44.56" West. 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. Where a statute or administrative rules are referenced herein, this shall mean the most recently adopted version of said statute or administrative rule. Section 4. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 5. This ordinance shall take effect upon completion of the following: approval and adoption by the City of Clearwater City Council, approval by the Florida Fish and Wildlife Conservation Commission and other requisite regulatory entities, and upon posting of the requisite regulatory markers. November 17, 2022 PASSED ON FIRST READING December 1, 2022 PASSED ON SECOND AND FINAL READING AND ADOPTED DocuSigned by: RRRRR1Rfi55A74FR Frank V. Hibbard Mayor DS Approved as to form: Attest: DocuSigned by: DocuSigned by: F P#,,� pSRGnRRGer Matt ew ytych, Esq. Rosemarie Call Assistant City Attorney City Clerk 2 Ordinance No. 9640-22