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ORDINANCE N0. 842
AN ORDINANCE OF THE CITY OF CLEARWATER AMENDING ORDI-
NANCE No. 841 PROHIBITING THE OWNER OF U-DRIVE-I
RENTAL BOATS AND MOTORS FOR HIRE CHARTER BOATS-AND
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KINDS OF MARINE
EQUIPMENT AND ALL OTHER TYPES AN
VESSELS FOR FISHING OR EXCURSIONS 3 FOR WHICH A FARE
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IS CHARGED INCLUDING BUT NOT LIMITED TO SKI RIDES AND
SKI SCHOOLS{, FROM ALLOWING OR PERMITTING THE SAME TO
BE OPERATED AS SUCH OVER OR UPON THE WATL'RS OF CLEAR-
WATER BAY WITHIN THE MUNICIPAL LIMITS EXCEPT IN CASES
OF EMERGENCY OR AFTER SPECIAL PERMIT HAS BEEN FIRST
OBTAINED FROM THE CITY COMMISSION ALLOWING TEMPORARY ;;,.a°„7„•:•."°',
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EXCEPTION; PROVIDING PENALTIES FOR THE VIOLATION OF +
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THIS ORDINANCE; PROVIDING FOR SEVERABILITY; REPEALING jif r:=
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ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- 1.as_ rA •M t
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WITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS OR-
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Ordinance Non 841 is hereby amended in its entirety and vhall k
henceforth read as follows;
WHEREAS, the City of Clearwater owns and operates the Clearwater
Marina which C's located on the South side of Memorial Causeway on C;iear-
water Beach and likewise owns the Municipal Auditorium dock which lies 4
at the foot of Cleveland Street South of Memorial. Causeway or? the maim- WAX
land and likewise owns or controls other marine facilit.ies, includi.ng ?.
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those located at the foot of Seminole Street North of Memorial Causeway
on the mainland; and
WHEREAS by xeason of its ownership or contro•lo.f such fact l•ities ??? `?'' ? •t . „
the City of Clearwater has for many years regulated the commercial. use
of marine craft of all types operated aver either of said fac litiea
through its marina regulations and/or the
provisions in its slip -rental
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of which has been in cooperation with the Charter Boatmr+n
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f..sociation; and,
WHEREAS,, in addition to the foregoing, charter boat fishing has
alw-ys been confined to <'iid areas on account of zoning regulations or
the lack of adequate public or privately owned marina facilities for
charter' bo,?t fishing until immediately prior to the passage of Ordinance
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Ord. 842
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No. 841 on November 23, 1959, when it was discovered that a charter boat
fishing operation had been commenced from privately owned docking faeili-
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ties situate in a "Buninass Zdne" lying North of Memorial Causeway on
Clearwater Beach, which said operation would be wholly and completely with-
in private ownership and with little, if any, regulation or control by
the City of Clearwater in the public interest; andj
WHEREAS, the only charter boat fishing operation which has ever
operated in the waters of Clearwater Bay North of Memorial Causeway on the
Clearwater Beach side, operated from City-owned property and was thereby
recjulated and controlled through covenants in leasehold provisions between
the City and the lessee thereof; and,
WHEREAS, the City of Clearwater did previously terminate the lease
of the immediately above referred to City-owned property and therefore
required the operation of said charter boat from the other City-owned
marina facilities; and,
WHEREAS, by reason of the commencement of a privately owned charter
boat operation in said waters on the Beach side North of Memorial Causeway,
Ordinance No. 841 was immediately and forthwith adopted in special session
by the City Commission, the intent of which was to impose similar controls
and regulations in the aforesaid area in order that all charter fishing
boats be required to maintain the same or equal standards of safety and
business ethics in the public interest irrespective of whatever part of
Clearwater Bay the same may have operated, all of which the Commission in-
?ended to be for the preservation of the public health, welfare, safety
and convenience; and,
WHEREAS, it has been found that Ordinance No. 841 should be further
"??ngthened, broadened, clarified and made to apply to all waters in,
Clearwater Bay within the municipal limits, as well as all marine facili-
ties and equipment hereafter defined, which said facilities and equipment
are operated and maintained for public use by charter or fare, irrespect-
ive of any other method or means of control, in order that its basic pur-
pose and requirements be more clearly understood and accepted by the citi-
zens of Clearwater; and,
WHEREAS, Chapter 59-400 (House Bill 1792) of the General Laws of
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the State of Florida declares that all motorboats, of whatever classi-
fication, shall be considered dangerous instrumentalities; and,
WHEREAS, it is found and determined in the public interest that
possible navigational haxaris, danger from the elements and other grave
dangers oxist which affect the public safety and property generally in,
Clearwater Bay within the municipal limits of the City of Clearwater
as is more particularly shown or described by the official map of the
City of Clearwater and that said area has been used for many years by
the boating public for recreational purposes, and the tremendous inc;eme
in the number of U-Drive-It rental boats for hire, charter boats? tar U~~
all other types and kinds of marine facilities and equipment 'fox fishing
or excursions for which a fare is charged including but not limited to
ski rides and ski schools, has now necessitated the regulation of said
marine craft and equipment when used as such by the public in and on the
waters of Clearwater Bay as aforesaid in order to promote and safeguard
the public safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, IN SESSION DULY AND REGULARLY.
ASSEMBLED, AS FOLLOWS;
Section 1. On account of the foregoing reasons and in order to
preserve and protect the public health, safety and welfare, all owners
of U-Drive-It rental boats and motors for hire, charter boat A and other
types and kinds of marine vessels and equipment for fishing or excursions,
for which a fare is charged (including but not limited to ski rides and
ski schools) are hereby prohibited from allowing or permitting the same
to be operated as such over or upon the waters of Clearwater Bay within
the municipal limits as is more particularly shown or described according
to the official map of the City of Clearwater, Florida, except as follows;
(a) In cases of emergency in order to protect life and/or
property from Acts of God; or
(b) After special permit has been obtained by said owner
or owners from the City Commission of the City of Clearwater allowing
temporary exception according to such uniform standard of requirements
for type and class of vessel or equipment as said Commission shall prescr
in writing from time to time.
Ord. 842
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Section Z Any owner or owners of any boat, marine equipment
or vessel described in Section 1 above, whether person, firm or corpora-
tion, who shall violate the terms of this Ordinance, shall be punished
by a fine not to exceed Two Hundred and Fifty Dollars ($250.00) or by
imprisonment for a period'of not more than Sixty (60) days, or by both
Ruch fine and imprisonment, in the discretio,% of •tho Municipal Judge.
Each day any violation continues shall constitute a separate offense.
Section 3. The intend of this Ordinance is for the protection
of thn General public which may, from time to time, have occasion to..us
or employ U-Drive-It rental boats and motors for hire, charter boat 4hd
all other types and kinds of marine facilities and equipment for fish-
ing or excursions for which a fare is charged, including but not limited
to ski rides and ski schools; private boats and marine vessels for which
no fare or charge is made for the use thereof are hereby expressly excepted
from the operation of this Ordinance.
Section 4. All ordinances or parts of ordinances in-conflict here-
with are to the extent of such conflict hereby repealed.
Section 5. Should any word, section, paragraph, sentence, phrase,
clause, or other part or provision of this Ordinance be declared by any
court to be invalid, the same shall not affect the validity of this Ordi-
nance as a whole, or any part thereof, other than the part declared to
be invalid.
Section 6. This Ordinance shall take effect immediately upon its
passage.
PASSED ON FIRST READING November 30, 1959
PASSED ON SECOND READING December 21, 1959
PASSED ON THIRD AND FINAL December 21, 1959
READING AND ADOPTED
Attest;
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tyClerk
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Ord. 842
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-Commissioner
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