9741-23 DocuSign Envelope ID:00571 D8E-5D83-4EEC-A3DE-46F3E6859E31
ORDINANCE NO. 9741-24
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO CHAPTER 33 WATERWAYS AND VESSELS, BY
AMENDING ARTICLE I- IN GENERAL, ARTICLE II - CITY OWNED DOCKING
FACILITIES, AND ARTICLE III -VESSELS TO CLARIFY, REVISE AND MODIFY
EXISTING ARTICLES AND SECTIONS; AMENDING SECTION 33.026
ESTABLISHING A CIVIL PENALTY FOR UNPERMITTED COMMERCIAL
ACTIVITY IN A CITY OWNED MARINE FACILITY AND ESTABLISHING
CITATION PROCEDURES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 33 sets forth the rules and use regulations that govern activities on
all waterways and city-owned marine facilities in the City of Clearwater ("City");
WHEREAS, this Chapter 33 has not been amended or updated since 2010;
WHEREAS, this Ordinance is necessary to clarify, revise, and modify use regulations for
the City waterways and the City owned marine facilities;
WHEREAS, the City Council determines that the adoption of this Ordinance to be in the
best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA, THAT:
Section 1: Section 33.002 is amended 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:
City council means the City Council of the City of Clearwater, Florida
Commercial vessel means:
(a) Any vessel pFimaFily engaged On the taking oF landing ()f 6-AlbMat-P-r f0sh oF saltwatap
nrei-1,,nts OF fre_6h\wl_Ater fish er freshwater nred Gts OF any vessel linensed n,,rs,,a
Chris--A C4-A4„4e6 frA-m WhiGh n9mmernial quantities A-f saltwater pFeduGts are harvested
free Wnt-hin ond without the navigable watersfor Sale elth-rer to the GORSUmeF' F ig
Beater OF wholesale Beater Any vessel that takes passengers for hire, fee, or
consideration, including commercial fishing vessels engaged in the taking or landing of
saltwater fish or saltwater products.
(b) Arne rather vessel, evrent o rerreotiGRal vessel as defines-! in this sertieR A vessel used
as a place of business or for-profit enterprise to include but not limited to: charters,
bareboat charters, sight-seeing tours, dinner cruises, AirBnB and the like.
(c) Any advertisement or insured as charter or certification for commercial purposes will be
prima face evidence of commercial activity.
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Derelict vessel means any vessel that is left, stored, or abandoned:
(a) In a wrecked, junked, or substantially dismantled condition upon any navigable waters
within the city;
(b) At any port or mooring facility in this city without the consent of the agency having
jurisdiction thereof; or
(c) Docked, grounded 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 definedby seinen 8 102 of the /glen nwin4er r'_Gmm„nitY Deve'GpMen4 GGdA an
accessory structure, not offered for sale or rental, including a pier, wharf, loading platform, tie
poles, dolphins, accessory structures, or boat lift which is constructed on pilings over open
water, or which is supported by flotation.
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.
Length means the measurement from end to end over the deck parallel to the centerline
excluding sheer.
Live-aboard vessel means:
(a) Any vessel used solely as a residence and not for navigation;
(b) Any vessel represented as a place of business, or a professional or other commercial
enterprise; however, a commercial fishing boat is expressly excluded from the term "live-
aboard vessel;" or
(c) Any vessel for which a declaration of domicile has been filed pursuant to Florida Statutes
(d) A vessel used as a residence that does not have an effective means of propulsion
for safe navigation
City- Owned Marina facilities means as dofinpedd by seGtOOn a_I n2 .,f+ho r1oonw9o4or COFRFRUnity
Development Gde' City of Clearwater owned marinas, docks, piers, boat ramps, boat
launches, as well as the seawalls, bulkheads and upland property and structures that support
them.
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Marine sanitation device means equipment other than a toilet, for installation on board a vessel,
which is designed to receive, retain, treat, or discharge sewage, and any process to treat such
sewage.
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 charge of or in command of or in actual physical control of a vessel
upon the navigable waters, or to exercise control over or to have responsibility for a vessel's
navigation or safety while the vessel is underway upon the navigable waters, or to control or
steer a vessel being towed by another vessel upon the navigable waters.
Owner means a person, other than a lienholder, having the property in or title to a vessel. The
term includes a person entitled to the use or possession of a vessel subject to an interest in
another person, reserved or created by agreement and securing payment of performance of an
obligation, but the term excludes a lessee under a lease not intended as security.
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 length which uses an inboard motor
powering a water jet pump, as its primary source of motive power and which is designed to be
operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional
manner of sitting or standing 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: used for a noncommercial purposes.
(a) Mani -ap-A- area-! and used pFimoriIy fGF RGRGGmmorrial p ll:pesesj of
(h) Leased, Fe Rte ! OF nhaFte Fed to a norcGn fell:the norcGn'c RGRGGmmorrial 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.
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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. VI I of the State Constitution and
includes every description of watercraft, barge, and airboat, other than a seaplane on the water,
used or capable of being used as a means of transportation on water.
Section 2: Section 33.006 is amended as follows:
Sec. 33.006. Clearwater Marina building leases.
The city manager is authorized to approve and execute on behalf of the city all Clearwater
Marina building leases, except as provided herein, subject to the following conditions and
limitations;
(1) Term. The maximum term of any lease shall be three years, with an additional two-
year option, giving a five year total term if approved by the city manager.
(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 council.
(3) Rental payments; deposits. Each lease shall provide that rent shall be paid on the first
day of each month and shall be delinquent if not paid on or before the fifth day of the
month. Delinquent payments shall bear interest at a rate determined by the city
manager, plus a late charge of$1 as designated in the agreement between the
City and the lessee. At the commencement of each lease, the lessee shall pay the first
month's rent and a security deposit in an amount equal to one month's rent to secure
the faithful performance of the lessee's obligations, which deposit may be used to pay
for damage to the premises or any other lawful purpose. At the end of the term of the
lease, the deposit amount or balance thereof, if any, shall be credited to the lessee's
last monthly rental payment. The lessee shall not be entitled to interest earned on the
deposit.
(4) Use of premises. The premises shall be used only for lawful and proper purposes, and
the purposes shall be specified in the lease agreement.
(5) Assignment. The lessee shall not assign, sublease, mortgage, pledge, or hypothecate
the premises, the lease agreement, or any rights thereunder without the prior written
consent of the city manager.
(6) Taxes and utility services. The lessee shall promptly pay all taxes levied against the
premises or the leasehold interest therein, and all charges for utility services, including
but not limited to electricity, water, sewer, telephone, and cable television.
(7) Improvements. The lessee may be required to perform improvements to the premises
at lessee's cost, subject to approval of the city manager, as may be agreed by the
parties.
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(8) Signs. All signs shall comply with the sign code requirements of the city, and shall be
subject to the approval of the city manager, who may delegate the authority to
approve signs to the harbormaster.
(9) Insurance, hold-harmless, and indemnification. The lease agreement shall require the
lessee to obtain liability insurance, with the city named as an additional insured, and to
agree to indemnify and save the city harmless from liability for damage to property
and injury to persons resulting from or in connection with the lessee's use and
occupancy of the premises, other than liability arising from the city's own negligence.
a. Without limiting the generality of the foregoing, the lessee shall indemnify and save
the city harmless from any mechanic's liens or other claims which may arise from
improvements to the premises, and shall require any contractor performing
improvements to the premises to furnish a performance and payment bond assuring
the completion of the improvements and the payment of subcontractors and material
suppliers.
b. The minimum insurance, hold-harmless and indemnification requirements shall be in
accordance with the latest version of the city's risk management guide.
(10) Other provisions. The lease agreement may contain such other provisions as are
customary in a commercial lease agreement or which are determined advisable by the
city manager, as agreed upon by the parties. The inclusion of certain provisions in this
section shall not be deemed to exclude other provisions, not inconsistent with this
section, to which the parties may agree.
(11) Form of standard lease agreement. The city manager shall develop the form of a
standard lease agreement, which shall be used in negotiating the lease of spaces in
the marina building. Except for those provisions, which are required by this section,
the city charter, or Florida law, the standard lease agreement shall be subject to
negotiation in each case.
Section 3: Section 33.004 is amended as follows:
Sec. 33.004. - Diving or jumping from city-owned docks, piers, bridges.
It shall be unlawful for any person to dive or jump from any dock, pier, seawall, piling, bridge,
bridge structure, or any other structure which is owned, operated, or leased by the city and
located on, over, within, or adjacent to any public waters, regardless of navigability, within the
city. This nrGhihitien shall net apply wheFe lGh an aGtiyityis spedfiGally permitted by 4he
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Section 4: Section 33.023 is amended as follows:
Sec. 33.023. - Designation of Fental eas- and specific uses- rental and permit
requirements.
Under the direction of the city manager, the Harbormaster is authorized to designate specific
afeas City-owned marine facilities from w#isl-where rent, lease, license or a permit is required
for commercial or other use to he obtained and to establish the specific use to he made
thereof for all rine nrnnerties by the pity innlu Jinn marinate dGGks niers whaffs
launeh Famed and p bliGly owned upland facilities aSSOGiated therewith City-owned marine
facilities.
Section 5: Section 33.024 is amended as follows:
Sec. 33.024. - Permitted uses; division of uses.
City-owned or nnntrnlled heat slips and dGGkinn spaees controlled marine facilities and docking
spaces shall be used only for recreational vessels and commercial vessels. Use of those areas
set aside for recreational vessels shall be limited to wet storage of recreational, noncommercial
vessels. Unless otherwise authorized by the Harbormaster, use of city-owned boat slips or
docking spaces shall be limited to one vessel per space. No commercial activity shall be
permitted in or from docking spaces designated for use by recreational, noncommercial vessels
nor shall commercial vessels occupy those spaces. Use of those areas set aside for commercial
vessels shall be limited to the following types of commercial activities: 1) passenger-carrying or
passenger service-oriented, such as, but not limited to open party boats, excursion boats,
charter fishing boats, and personal watercraft rental; or 2) non-passenger-carrying, vessels
engaged in commercial or charter fishing, or other similar enterprises as defined within this
chapter.
Section 6: Section 33.025 is amended as follows:
Sec. 33.025. - Permit required for certain uses.
Written permits shall be issued to authorize the use of any city-owned docking space except
far eveMight OF chert term use by transient vessels. Such permits shall be uniform except as
to rental to be charged for different types of spaces and as to the types of activities to be
permitted therein. Such permits shall be on a month-to-month basis only, except where
specifically excepted from such requirements by the city manager. The permit issued pursuant
to this section shall not be construed to convey or grant any interest in the decking city-owned
marine facility and shall be considered to be a license agreement.
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Section 7: Section 33.026 is amended as follows:
Sec. 33.026. - Use without permit prohibited; exception.
M No person shall dock any vessel of any type whatsoever at any city-owned docking space
for which a charge has been established for the use thereof, without first having obtained
a written permit for the use of such space. Transient vessels shall net he reel Direr! to Obtain
fee-6 rO grant throughout their visit
No person shall engage in commercial activity in a city owned marine facility in the absence
of a permit or commercial license agreement with the City.
Any person who pleads guilty or nolo contendere or is convicted of violating this section
shall be guilty of a class II civil infraction pursuant to Section 1.12 of this Code of
Ordinances.
Section 8: Section 33.027 is amended as follows:
Sec. 33.027. -Authority to revoke permits or registrations.
(1) Any permit issued pursuant to section 33.025 or registration pursuant to 33.026 for the
use of any city-owned dock space may be immediately revoked by the eity manager
harbormaster for failure to pay the appropriate dockage charge in the manner specified
or for any other breach of the conditions of the written permit, registration or marina
rules. Upon notification of such revocation, the person named in the permit or
registration shall immediately remove the vessel named in the Hermit frem the rlenliine
spaGe assigned under the permit from the marine facility. Failure to remove the vessel
may be subject to removal or protective storage.
(2) The docking permit for any vessel permitted to dock at any city-owned marine facility
may be revoked at any time such vessel is operated in violation of any ordinance, law,
regulation or act of the city, county, state, or the federal government, any rule
established in accordance with Ordinance 33.021 or at any time any illegal activity is
conducted on board the vessel, whether under way or moored or at anchor.
Section 9: Section 33.029 is amended as follows:
Sec. 33.029. Payment of dockage fees.
Dockage fees for city-owned dock space assigned to commercial vessels or recreational
vessels on a month-to-month basis, or other time frame as approved by the city manager, shall
be paid monthly in advance. Dockage fees for transient vessels shall be paid daily, weekly or
monthly in advance. A late fee will be assessed 5 business days after the first of the month as
designated on the agreement between the City and the vessel owner or operator.
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Section 10: Section 33.030 is amended as follows:
Sec. 33.030. - Failure to pay dockage; impoundment.
(1) If any person to whom a written docking permit or registration has been issued fails to
pay the appropriate dockage charges in the manner specified in the permit or
registration, the vessel named in the permit may, upon ten days' written notice, be
impounded by the city until such delinquent charges, together with impoundment fees,
have been paid.
(2) During any period of impoundment pursuant to this section, the daily transient wet
storage rate in effect on the date of impoundment shall be charged for each day of
impoundment in addition to the impoundment fee.
(3) Upon impoundment, the harbormaster shall immediately notify the owner or person
holding the registration of the vessel, provide such owner or registrant with any
opportunity to reclaim the vessel following the payment of charges assessed for
impoundment, and provide such owner or registrant with an opportunity to provide any
reason such owner or registrant may have as to why the charges should not be
assessed prior to the time that such assessment becomes final.
Section 11: Section 33.031 is amended as follows:
Sec. 33.031. Sale of petroleum products.
The city manager shall have authority to designate locations on city-owned property at or
from which petroleum products for the use of boats may be sold and no such products may be
used, sold or delivered except from such locations. The locations for sale of petroleum products
by the city at the Clearwater Municipal Marina are the marina fuel dock located at the southeast
end of the marina and the marina nOmmeFGmal fuel dGGk located along the seawall on the east
end of the marina. A fully qualified fuel vendor, as approved by the city manager and under an
annual fuel contract with the city, shall provide all petroleum products sold at the Clearwater
Municipal Marina. The city manager shall establish retail prices for such petroleum products,
which prices, insofar as federal regulations permit, shall be comparable with prices for similar
products sold in similar quantities by other marine fuel outlets in the area.
Section 12: Section 33.054 is amended as follows:
Sec. 33.054. - Parking, storing vehicle, trailer, vessel in the parking area of alis decking
city-owned marine facilities over 72 hours.
No vehicle, vessel or trailer may be parked or stored in the parking area of any public dock,
launching ramp or other p bli^wale fFORt city-owned marine 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
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deemed derelict and/or abandoned and subject to removal as provided by law. 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.
Section 13: Section 33.055 is amended 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 city-owned marine facilities, public docks, launGhing
Famps or other public waterfront facilities.
(4) No vessel shall be permitted to occupy any of the city-owned Island Way Grill, non-leased
public dock slips for more than four hours per day between the hours of 8:01 a.m. and 9:59
p.m. and at all between the hours of 10:00 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
harbormaster. The harbormaster will determine whether the circumstance constitutes an
emergency or a special event circumstance.
(5) No vessel shall be permitted to occupy the city-owned recreation center(Sand Pearl), non-
leased public dock slips for more than four hours per day between the hours of 8:01 a.m.
and 9:59 p.m. and at all between the hours of 10:00 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 harbormaster. The harbormaster will determine whether the circumstance constitutes
an emergency or a special even circumstance.
(6) No vessel shall be permitted to occupy the city-owned side tie, non-leased public mooring
section of the downtown boat slips, for more than four hours per day between the hours of
8:01 a.m. and 9:59 p.m. and at all between the hours of 10:00 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 harbormaster. The harbormaster will determine whether the circumstance
constitutes an emergency or a special event circumstance.
(7) Vessels in violation of this section shall be subject to ^U^ ;t all remedies 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.
Coding: Words in strikeout type are deletions from existing text.
Words in underline type are additions.
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Section 11: Should any of the clauses, sentences, paragraphs, sections, or parts of this
Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law
or administrative agency with jurisdiction over the matter, such action shall not be
construed to affect any other valid portion of this Ordinance.
Section 12: This Ordinance shall become effective immediately upon adoption by City Council.
PASSED ON FIRST READING January 18, 2024
PASSED ON SECOND AND FINAL February 1, 2024
READING AND ADOPTED
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cuSigned by:
taun, Q tSf
Brian J. Aungst Sr.
Mayor
DS
Approved as to form: Attest:
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ADo,,c�u�Signedby:�A� L
cuSignedbyA t" p"�yj' �RYIq Ah lXi L.11XX
9&98 ... a6CFEBFFE�
Matthew J. Mytych, Esq. Rosemarie Call
Assistant City Attorney City Clerk
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