1591
ORDINANCE NO. 1591
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 6, BOATS-, DOCKS AND WATERWAYS,
r-? OF THE CODE OF ORDINANCES OF THE CITY OF CLEARWATER,
FLORIDA, 1962, TO DEFINE AREAS TO BE DESIGNATED AS
NO WAKE ZONES AND SPEED LIMITATIONS THEREFOR; TO
PROHIBIT OPERATION OF WATERCRAFT AT A SPEED
EXCEEDING FIVE MPH WITHIN FIFTY FEET OF ANY DOCK,
PIER, SEAWALL OR SHORELINE; TO DEFINE WATER SKIING;
TO DESIGNATE THE OPERATOR OF THE TOWING VESSEL
TO BE RESPONSIBLE WHILE ENGAGED IN SUCH WATER
SKIING AND TO DEFINE THE PRACTICES PROHIBITED;
TO DEFINE THE AREAS WHEREIN WATER SKIING IS
PROHIBITED; PROVIDING A PENALTY FOR FAILURE TO
COMPLY HEREWITH ; PROVIDING FOR REPEAL OF ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE
SEPARABILITY OF THE PROVISIONS HEREOF; PROVIDING
FOR PROPER NOTICE OF PROPOSED ENACTMENT; AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 6-9. 1, Speed of boats, excessive or damaging
wakes--Areas defined, of Chapter 6, Boats, Docks and Waterways, of
the Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby
amended to read as follows:
Section 6-9. 1. Speed of boats, excessive or damaging
wakes--Areas defined.
(a)The following described areas of the Clearwater Pass
Channel and the Clearwater Marina Channel, as charted
on National Ocean Survey Chart 858, are hereby designated
a "NO WAKE" zone:
All of the waters of Clearwater Pass Channel eastward of a
point 104 yards West of Clearwater Pass Bridge, -and westward
of Clearwater Pass Channel Light Number Twelve (IZ), together
with all waters within two hundred yards northward or southward
of said channel area, and all of the waters of Clearwater Marina
channel from its juncture with Clearwater Pass Channel northward
to Clearwater Marina Channel Daybeacon Number Twenty-one (Z1),
together with all waters extending two hundred yards westward of
said channel area.
'The navigation span of Clearwater Pass Bridge lies within this
"NO WAKE" zone, and while it is the intent of this section to
prohibit excessive speed and wake by vessels passing through said
navigation, span, nothing in this section shall be so construed as
to prohibit operators of such vessels from using such power and
speed as may reasonably be necessary to overcome the set of
current and/or wind while approaching and passing through said
navigation span.
? ..,.p???L`j`?'?,J"Fr'???!S?i1.?1 r?'?4} .?l?1r?- .??t'.1+.,, ,t •?!'?' ... ..
41
3
.? `? fir'
a
F
MI6
(b) That area of Clearwater Harbor, as charted on National
Ocean Survey Chart 858, which lies West of a line beginning
c' q at the shoreline nearest the eastern terminus of Devon Drive
(latitude 27°58'Z4" N, longitude BZ°49'2311 W) and continuing
Northeast three hundred and fifty (350) yards to the South
shorellne of Memorial Causeway, is designated a "NO WAKE
ZONE. Of
(c)All of the waters enclosed by the following described boundary
lines, comprising all of the internal canals of Island Estates
Subdivision, the southerly portion of Mandalay Channel and
the basin area North of Memorial Causeway, South of Island
Estates and West of Island Way, are hereby designated a
"NO WAKE ZONE":
Beginning at the Southeast corner of Tract A of Unit 2 of
Island Estates Subdivison; thence Northeasterly to the
southernmost point of Leeward Island; thence Southeasterly to
the southernmost point of Midway Island; thence Southeasterly
to the southernmost point of Windward island; thence generally
northward, following the eastern shoreline of Windward Island
to the northernmost point of Windward Island; thence North-
westerly to the northernmost point of Midway Island; thence
Northeasterly to the easternmost point of Palm, Isldrid S. E. ;
thence northerly to the easternmost point of Palm Island N. E.
thence Northwesterly to the southernmost point of Harbor Island;
thence gnerally northward, following the eastern shoreline of
Harbor Island to the northernmost point of Harbor Island; thence
Westerly to the Northwest point of Island Way; thence generally
South, following the westerly shoreline of Island Way to a point
due North of the weaternmost point of Palm Island N. W. ; thence
southerly to the westernmost point of Palm Island N. W. ; thence
Westerly across Mandalay Channel to the Easterly shoreline of
Clearwater Beach Island at Juanita Way; thence generally South,
following the eastern shoreline of Clearwater Beach Island to the
fixed highway bridge at the West end of Memorial Causeway;
thence generally East, following the North shoreline of Memorial
Causeway to a point due South of the Point of Beginning; thence
northerly to the Point of Beginning.
(d) That channel connecting Marina Channel and Mandalay Channel
which passes beneath the fixed bridge at the West end of Memorial
Causeway is designated a controlled speed zone. No boat in this
channel may be operated at a speed in excess of four (4) nautical
miles per hour.
(e)The waters of the canal area located North of Bayside Drive,
South of Brightwater Drive, and West of the easternmost point
of Brightwater Drive, are hereby designated a "NO WAKE ZONE."
(f) Other areas of waterways where unregulated operation of watercraft
present specific hazards to persons or property may be designated
and posted as controlled speed zones.
-z-
.are
?S" if?P1, .3L .Y•?i4.= h. •:Y ': 4'^ v. t'.?i?,-?ti-ti^i-•..:..-Mti1?:^. 9R'i. 'i !
. r'?`..'? f'. sJ'?V CCU^? 7? .f. 'iT,• .. ?.' .1. I" / r. t?, ,l ?V;, 0. w?}.
A1C. .r ,L. ?'i'.?va;FV r.N. r.q As ?Y•• •r. •'i.c.J'::' :rFi. .Y'_ r A ;F,?. ??'„? •3s-?a
?; a i? ??r a 1? ?i4c . t ? ,:.}?,• ? W
. iR , 'a• •?_ r-f F':'. 'fv *. , t.
,?;
V M1?y S,
`?? ? ::? i 4 ?v r1 ,
`?? ? ci ? ill y t}}??? `i? 3+ :+?;• '. t'' : 4 .. _ ? ? ?" ' -'r' ?,'? {j}?,,
., ?Ss,?t:??.??s ???.,???tct?.?o ::•.1,yFN'Yty.?l.t 1+T? .F1'?If? ? ? ,E?- .. .. .?? i
(Z)
Section 2. Section 6-12, Careless operation of surfboards, boats,
vessels and other craft, of Chapter 6, Boats, Docks and Waterways, of the
Code of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended
to road as follows:
Section 6.12. Careless operation of surfboards, boats, vessels
and other craft.
No person shall operate any surfboard, boat, vessel, barge, or
other watercraft of any type whatsoever, whether mechanized
or not, in a reckless or negligent manner so as to endanger the
life, limb or property of any person. No person shall operate
any type of watercraft whatsoever at a speed exceeding five (5)
miles per hour when such watercraft is within fifty (50) feet of
any dock, pier, seawall or shoreline.
Section 3. Chapter 6, Boats, Docks and Waterways, of the Code
of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended
by enacting a new Section 6-12. 1 to read as follows:
Section 6-12. 1. Water Skiing, Defined.
Water skiing is defined as the act whereby a person or persons,
either bare foot or upon water skis, aquaplanes, letes, parachutes,
or any similar devices or contrivances, are towed behind any
type of watercraft in any manner whatsoever.
Section 4. Chapter 6, Beats, Docks and Waterways, of the Code
of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended
by enacting a new Section 6-12. 2 to read as follows:
Section 6-12. 2. Water Skiing--Responsibility, practices prohibited,
While engaged in water skiing, it shall be the responsibility of the
operator of the towing vessel to navigate, maneuver and otherwise
pilot the towing vessel in such manner as to keep the person or
persons being towed, clear of other vessels, obstructions and hazards
of any kind. No such vessel towing a water skier or water skiers
shall be maneuvered in such a manner as to endanger the life, limb
or property of the person or persons being towed, or of other persons
nearby. Similarly, no such vessel towing a water skier or water
skiers shall be maneuvered in such a manner that the wake of the
towing vessel or spray from the device or devices being towed shall
result in danger or damage to persons or property nearby, or in
annoyance to other persons desiring peaceful use of the City's water-
ways. No person or persons shall be towed aboard inflatable tubes
or similar devices, or aboard any other device or contrivance which,
by reason of size, configuration, design or construction does not afford
a safe degree of controllability to the person or persons being towed.
-3-
iiF"????.
H.•4 'S'• .w :K'..?,i,?'. ??.'!}!::'?,."'??3??".ai?,•??.e :T?.?r; ,-?r T'`' y i • r. :r?. t 'a' ??; 3'':i'; =w:? ',a„? a'1. -+? js?•? f?-
? `.? ':KU' ti"'a?'v. - ? ??., -'???f'[J7t[' C'? . '? ? {? . ?? ;,,. •l . ' ???' ,.j'c »k5 :
S? ? . C {'? .•F:" , 4 ??. s. ?'d a r?.
y .?{`.?fy%:<:. are ?S?? ?•. ??
?5 .
. ra
1
'F. e` ter' ,, k" v• r»-µ ??, _
.s
rl
•
E'
F TY ?
4
Ny •? t
Section 5. Chapter 6, Beats, Docks and Waterways, of the Code
of Ordinances of the City of Clearwater, Florida, 1962, is hereby amended
" by enacting a new Section 6-12. 3 to read as follows:
Section 6•.12. 3. Water Skiing--Where Prohibited.
Water skiing is prohibited in the following areas of the City:
(a) Within any area designated a "NO WAKE ZONE" under the
provisions of this Chapter,
(b)At any other place within the City where the person or persons
being towed may pass within fifty (50) feet of a dock, pier, seawall,
bridge or other obstruction, with the exception of channel markers
and similar isolated marine structures. Exceptions to this rule
will be permitted for initial launching of skiers from shoreline
areas not otherwise restricted under this section. From such
areas, with the consent of the owner thereof, water skiers may
be launched, provided the fifty (50) foot restriction is observed
immediately after launching. Exceptions to this rule may also
be permitted for special events for which a City Permit is issued.
(c) In close proximity to any occupied or unoccupied watercraft,
whether at anchor or underway. As used in this paragraph, the
term "close proximity" shall mean operation of the towing
vessel in such a manner that a watercraft or its occupants are
subjected to a water spray either from the towing vessel or from
the person water skiing, or in such manner that the occupants
of any watercraft are prevented from using the waterways for
pleasure boating.
Section 6. Any person, organization, society, association or
corporation, or any agent or representative thereof, who shall violate the
provisions of this ordinance shall be subject, upon conviction, to a fine not
exceeding the sum of Five Hundred Dollars ($500. 00), or imprisonment
for not exceeding sixty (60) days, or by both such fine and imprisonment in
the discretion of the Fudge.
Section '7. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 8. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
-4-
???j?l?'?4?y r)?'?? try. '? •' ? ? 7 L'
') i5, ?: ? a '.f J,. •;.('s? •? , ?.i S'•' . z' .. i ?, i?:..'.? ?,r ;f'? :.sr..rt+ r t.:s ?°?^w'
J?'? ty)?' ?V"•Y ??! ?e fit; .. : ?* '•3'•L 1. `t ? ???.`).! P• Y. Lwi •t
,€.
#' ,{°n r:srt'??'e', `?w 'S.'?-.`s;t.« ?;?/r.° ; St. +r'sk ' `^i'i)t1" ? • ? s ? ? 1 '? ? ??: ., a
fra j.:,2`1. ?•.1?a:aji0i(yf.K?if3:??' r. ?!! 7.•. .,1'.i ?. ?yf-` 4.
r '?r yr :t ' :e.'rJ 'i'yL. : . ,i<• ?i. .Ik.
r „
Section 9. Notice of proposed enactment of this "ordinance has been
properly advertised in a newspaper, of general circulation in accordance with
Chapter 166. 041, Florida Statutes.
Section 10. This ordinance shall become effective immediately upon
its passage.
PASSED ON FIRST READING November 6, 1975
PASSED ON SECOND AND FINAL
READING AND ADOPTED November 20, 1975
AS AMENDED
Mayor-Comzxiiss' ` er
Atte :
Clerk
.. 5»
Or 15 9 1;,,
i,y-5•,?t`;v4^a.i.4.{fj,,'. w•,.'is`.'i,t; _P; =+jr;p:r. •.?,` _ - ,
pp??r. v???J? ,•? ? rM'•?'?a+?, :'.,::x °: •?r?.3'?z.-:: a-: ?•(-..?? :°?•-=,°i ?`
VTi1!,;i- ''ai':'?'',+-'?sa?'e:?iY-tij;? »ZT••. t?. Y" s.r; ?,-'e:,J?.,5?,r3, 7- -rr1 g;r iA-,? ? l?-T-'?,t'.Y ??;.*?.?a.i?•.??i- ,'? s?.xr,rw?.? _
.-ij "i' '+. { i.l ?'Y. " r.1`1.f.i 'f,'•••'?::r 'r r..`• res., ?',;i3ry aw. .bw!<? ?v
I$,if .e Y w .i• K - '!F" w .t?- Y`t•+ ?'`-. ''4 rf. L,.?,;? '`•; ,/ ?,
' ? .?1-".,-r k.; { S".'', . i .F?Ya':.. ; fy "r?-. `'.'s'? .to • kLSj., 4 t i ..'-,m ? Lr? ?'iy
s ???.;{.`:ti : tr .rf.?'ti,-.r: ? !'• - :C-."y .[-,l;€,,"!. ':1.:. ?q,i .r °?u? ?? ?a.r, S. ?t. Z ,? `a?.YSiis
?y????' a+?f; .'-.st.'1 ???? ,.ri,` ?j? .: ".jn},,<. r.?.v st. •.r.•r'Y +•• :fF,;?.t; ?•;?_'s?3'r?? l+ fw
• ??r< :a?P?;, w?j'4; ,,,a: S? ? . Y?:? ? ?;,•? :??,• ';?_}' ;;Y??'. :,r':. .? . ...?1??'•i ?j ??r+?'F?;f ,^s.,«+.??
xt^' 'Y' !3?fs,. .?1`•°n ,' .?r`v -. `•q.? .. Vii'
.,fe•P
iv'?; .a, ?+ ? .•`, *7?.+j' ? .. .,•???•: ?Y•? -1?? F".•' ?:.'.:', i.t•?f` :?. ?p
??r???-'??t; trl?fLl.?' S ?s i•- .,yr_[__._ __ _.J?W•?? ,r._' •? .. ? ., r ?? .. .,. r-. ..•ti -. •_ ?. ? ?•. ? .•s".•, .
V-!, 5<c•?•.r:?ry?.:•Nn'n"'4•+•}?!s w4!.?,,, •-•t!'. r`-•y?^'J! d S .?w •i?'? ,w
7117 ?ti?4.r
?l?t`:....>??r?.;.>....,.r.. .??+:F:n-'.:?11.3`?.. -a :, .. ..'!.?•..f??E?. <:,. ?•.'?'.;?"c7'.. ?'?'t?7;?f?°.£.?t'C?.,.kr:2..2:.fvs:i?.'..+rIF?.+Ja:?,}?e',?i::i''',i°'rF.Li.Kk#,?`-fE'???;5?d
8
Y?
iLr; f.
}' ??! i t?,+??-- • - !?s•?'• .°.i?! V,r; ---- .'??x .lio ,y??,.,,'.•.s?"°f?'' ? Yt;?w31C•; t.
r?1???s????f• ??7 ?.`??.?tf1 15} •? ., .f .'SAj/ i-J?c ki i' f ••}- 'i.•r ,.n".•.Ipv
j r f ?' F v''. : ' ?'b •1
CLEA)RWATER SUN
Published Dally
Clearwater, Pinellas County, Florida
;i•-.? ` =t ': ?' "? `;?,?:?;"t.t=?rti •?,?'?`ratti? ti'i4,CrE #yi'?' '??,' k'?} fit, s e,
STATE OF FLORIDA
COUNTY OF FIN ELLAIti
Before the undersigned authority personally appeared W. Paul ffarrh6 who on
oath says that he is the Business Manager of the Clearwater Sun, a dally newspaper
published at Clearwater in Pinslina county, Florldai that the attached copy of it"wc
advertisement, being a . NotCS . qf„''RP.Q$45?+.r??,4?.41?.........
QatinQ,Q , ... , .... .. . .. . . . ......... . ................. In the matter of " In
.... an I5.9X .. , .... , ,
lao M-1,
W,t
]IDC7kbIX , ..... , .. • .... , • • •?[JCC]C.}C}ClG ...... ' ..... • ... • ' ' 0C{rN=waa Published In
said newspaper In the issues of ..NQyP-'.Mbe.r..3•l i .1975 e ... . ..................
Afriant further says that the sold Clearwater Sun is a newspaper published at WN
Clearwater, In sold Pinellas County, Florida, and that the said newspaper has
bsretofore been Continuously published In said Pinellas County, Florida, each day and Will
has been entered as second class mail matter at the post office in Clearwater, In said
Pinellas County, Florida, for a period of one year next proceding.Mp first publication of
the attached copy of advertisement; and offlant [urlher s be Las Ither paid
-W NCA,W
nor promised any person, firm or corporation any disco t , commlI n or refund
for the purpose of s#curinq this advertisement for p in th no r.
& P1
cft-Aftm
sworn to trnd subscribed before me
nwik pew is
this -3rd-, day, of I1TQV er •, A.D. 19,75 MOTrnY T11111LIC, STATE of FTOR[DA of I11R9@ f@fL LW Pon"
MY CW.W15510 EXPIRES MAY 13, 197
?j etlNPLO tHHU HAYHARP 90HPIHe A "CV
(if>rJl1:j ...... _ •? 0'1 Public ........... . .
CS-309
CLF.kRWATER SUN
.` Published Dally
Clearwater. Pinellas County. Florida
STA'T'E OF FLORIDA
s' COUNTY OF PIHELLASs
y.before the undersigned authority personally appeared W, Paul 803714, who an
oath ears that he is the Business Manager of the Clearwater Sun, a daily newspaper
'- published at Clearwater In Pinellas County, Florida: that tha attached copy of
advertisement. being a ,,•,NQQt',,Qf, PSSE3¢,Ttr, Of OY'L2121AT1CE
., in the matter of
Ordi•nance•.No....159.1 .................................................. ..
' .
XXJ4Arjw, • ..XXXXXXXXX ................ .....,...XXX CXXQIX was published In
said newspaper in the Issues of . NQ,V 11?P;r , 25 r 9.7.5 .............. . ........ .
.........,..e .................................. ...................................
Affiant further says that the said Clea-ater Sun is a newspaper published at
Clearwater, In said Pinellas county, Florida, and that the said new
y°°; ,• spaper has
heretatore been continuously published In gold Pinellas County, F]orida, each day and
has been entered as second class mail matter at the post office in Clearwater, in said
Pinellas County. Florida, for a period of one year next preceding first Publication of
7 the attached copy of advertisement; and offlant furthers s a he La¦ n her paid
?E not promised any person, firm or corporation any discount r 14, ommlsslo or refund
j for the purpose o[ securing this advertisement for p bl i the ew T.
},
} 4i?ft' , .
Sworn to and subscribed before me ' •• ,
'
25 n Nov mbe r 75 IWTRRY f,aalr„ STA)E of rLOl2i0A W LARGE
r thi}t day of . , .. . A.D. 1s.. • • TdY CordfarS5r0N EXr'r
RE S MAY 13, 1911
??{ .. ..... .. aoN6rb THH4 NAYHAHO ¦ONaINa ArHHQY
'' No cry Public
CS-309
F•
}
t
'FNGA
}ANo.
i
PM1
I }
74AT"H
oP0i
1. PItGVI
TO
.wl
'AUw: ray ' 'J ',
.F ,l, 1 . . G..
`S,
a-
li ,
?', a)f `-, 5`•' ;•7..34{? ?, ,`rt F i?lh, Y i
?',b•;•?;,s r-,145 is c` i' i i,}?"?'?'?4S y' S
5 ??