HomeMy WebLinkAboutOrdinance No. 14-95•
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ORDINANCE NO. 14-95
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, BY ESTABLISHING ARTICLE III, VESSEL
CONTROL AND WATER SAFETY; BY ESTABLISHING REGULATIONS
RELATIVE TO THE OPERATION OF BOATS AND PERSONAL
WATERCRAFT WITHIN THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that the regulation of certain boating
activities is necessary to promote safety in and between boating, swimming and other water
related activities in the City of Cape Canaveral; and
WHEREAS, the City Council has determined that it is necessary to regulate certain
boating activities to preserve and protect the City's natural resources; and
WHEREAS, the City Council has determined that the public health, safety and welfare
of the citizens of the City require designation of specific areas within which to operate vessels
and personal watercraft; and
WHEREAS, the City is hereby authorized to designate specific areas prescribed in the
water activities that may be conducted therein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Chapter 54, Article III, Vessel Control and Water Safety, is hereby
established as follows:
Sec. 54-30. Purpose and findings
(a) The purpose of this article shall be to promote safety in and between boating,
swimming and other water related activities in the City of Cape Canaveral.
(b)
The City does hereby declare that the public health, safety and welfare of the
• citizens of the City and others requires designation of specific areas within which
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the operation of vessels may be regulated or prohibited.
Sec. 54-31. Definitions
(a) For the purposes of this article, the following terms, phrases, words and
derivations shall have the meaning given herein:
(b)
(1) Vessel means a motor - propelled watercraft, including a personal
watercraft or jet skis.
(2) Person means any individual, partnership, firm, corporation, association
or other entity.
(3) Operate means to navigate or otherwise use any vessel in or on the water.
(4) Idle speed mean the lowest speed at which a vessel can operate and
maintain steering control.
(5)
Bather means any person who is in the same body of water as a vessel,
whether said person is swimming, wading or engaged in any other activity
in the water.
When no inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number, and the
words in the singular number include the plural number. The word "shall" is
always mandatory and not merely directory.
Sec. 54-32. Area of enforcement.
The area of enforcement of the provision of this article shall be the Atlantic
Ocean and Banana River located within Cape Canaveral, Florida.
Sec. 54-33. Means of enforcement
The provision of this article shall be enforced by members of all duly authorized
law enforcement agencies within the City.
Sec. 54-34. Careful and prudent operation required.
• Every person operating any vessel in or under any waters within the area of
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City of Cape Canaveral
Ordinance No. 14 -95
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enforcement as set forth above shall do so in a careful and prudent manner, taking into
consideration the weather conditions and range of visibility, water turbulence, proximities
to fishermen, bathers, waterskiers, divers and other boats and watercraft, and all other
attendant circumstances so as not to endanger the life, limb or property of any person.
Failure to operate a vessel in such a careful and prudent manner shall constitute careless
boating in violation of this article.
Sec. 54-35. Speed not to be greater than what is reasonable under the conditions.
Nothing contained in this article shall be construed to authorize or approve any
speed greater than is reasonable and proper in consideration of local conditions, other
water traffic, fishermen, waterskiers or bathers in the area, or other hazards.
Sec. 54-36. Designation of "areas of regulated water activities."
All waters within three hundred feet (300') offshore from all beaches and
shorefront bathing areas or shoreline of the Banana River, whether or not so designated
with appropriate signs are hereby designated as areas of regulated water activities.
Sec. 54 -37. Regulations in areas of regulated water activities.
Sec. 54 -38. Procedure for designating additional areas of regulated water activities.
By ordinance, the City council may designate additional specific areas as an "area
of regulated water activities" as described in Section 54 -36. In designating such areas,
the City Council shall hear all testimony presented and make a finding that the
designation is necessary for the safety and /or welfare of the citizens of the City. Upon
the adoption of such an ordinance, the City shall publish the ordinance one time in a
newspaper of general circulation in Brevard County, Florida, after which the designation
of the area shall be complete and binding.
Sec. 54 -39 Exemptions.
(a) The provisions of this article shall not be construed to prohibit the running of
racing or exhibition boats during a publicly announced, properly authorized by
the appropriate governmental body, supervised, and adequately patrolled regatta
or speed trial or exhibitions.
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(b)
Florida Marine Patrol rescue craft, Coast Guard rescue craft, Brevard County
Sheriff Patrol craft and craft operating under emergency conditions shall be
exempted from the provisions of this article while performing their official duties
or operating in an emergency.
Sec. 54-40. Penalties.
Any person who knowingly violates any provision of this article, including refusal
to allow a law enforcement officer to make an inspection under this article, shall, upon
conviction, be punished according to law and shall be subject to a fine not exceeding the
sum of five hundred dollars ($500) or imprisonment in the county jail for a period of not
exceeding sixty (60) days, or both such fine and imprisonment.
SECTION 6. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 7. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts
of an ordinance or resolution, in conflict herewith are repealed.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
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ADOPtED BY the City Council of the City of Cape Canaveral, Florida, this 15th day
of August , 1995.
San • °A .4 z `.; °CLERK
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APPROVED AS TO FORM:
NAME FOR AGAINST
BERGER X
NICHOLAS X
PETSOS ABSENT
PORTER X
RANDELS X
First Reading: 7 -18 -95
Posted: 7 -19 -95
Published: 7 -21-95 & 8-5-95
Second Reading: 8 -15 -95
c: Lt. Steve Salvo, Sheriff's Dept.; Chief Dave Sargeant, CCVFD;
Brevard County Public Safety; Municipal Code Corporation