City of South Pasadena, FL Article III Watercraft Regulations

[Added 10-20-1987 by Ord. No. 87-19]

§ 193-8 Speed limits.

[Amended 5-17-1988 by Ord. No. 88-05; amended 10-17-1989 by Ord. No. 89-41]

A. Definitions. As used in this section the following terms shall have the meanings indicated:

IDLE SPEED

The operating speed of a moving watercraft so as to result in the lowest forward or reverse movement on water by such watercraft in order to maintain such forward or reverse motion for reasonable control.

RESTRICTED AREA

The area(s) so described in Subsection C in which the requirements of Subsection B are applicable.

WAKE

The track left in water by a moving watercraft and the wave action emanating from the water track caused by such movement. "No wake" shall be strictly construed herein to mean the resultant wave action emanating from watercraft which is consistent with the conformance to the idle speed provisions specified herein.

B. Idle speed required. It shall be unlawful for any person to operate any watercraft in excess of the idle speed, as defined herein, on any restricted waterway within the corporate limits of the city, where the city has posted or caused to have been posted "Idle Speed/No Wake" signs on such restricted waterways.

C. Restricted areas.

(1) The narrow waterway passages between Bay Island and Star Island from the northwest posted tip of Bay Island extending three-tenths (0.3) nautical mile to the southeastern furthermost land mass of this waterway passage which connects Boca Ciega Bay thereto at DOT Bridge Nos. 150053 and 150136 (Corey Causeway Structure B) shall be restricted areas.

(2) The narrow waterway passage between Bay Island and Palms of Pasadena Hospital, from FDOT Bridge 150137 Longitude 8244.56-Latitude 2744.94 extending twenty-five hundredths (0.25) mile northwest to Bay Island Exit Bridge Longitude 8444.65-Latitude 2745.08. [1]

[Added 9-13-1994 by Ord. No. 94-17]

[1] Editor's Note: Original Section 5-32, Reckless operation, which immediately followed this section, was deleted at time of adoption of Code 4-27-1993 by Ord. No. 93-08; see Ch. 1, General Provisions, Art. I.

§ 193-9 Reckless operation.

It is unlawful for any person to operate any watercraft within the city in a careless or negligent manner so as to endanger the life, limb or property of any person.

§ 193-10 Disturbing peace from watercraft.

No watercraft shall be operated within the waters of the city with an outboard or inboard motor not having a properly muffled exhaust. No watercraft shall be operated within the waters of the city so close to shore, or in any manner, that the operation thereof disturbs the peace and tranquility. No operator of any watercraft shall cause excessive noise. The following acts, among others, are declared to be disturbing to the peace of the city and in violation of this section, but shall not be deemed to be exclusive: The operation between the hours of 11:00 p.m. and 6:00 a.m. of any power-equipped watercraft within any manmade canal, bayou, lagoon, channel or waterway within the boundaries of the city, except when leaving a dock or returning to a dock or within the intercoastal waterway main channel.

§ 193-11 Mooring of watercraft.

A. As used in this section, the following terms shall have the meanings indicated:

LIVE-ABOARD

Refers to the occupancy or use of a watercraft by one or more persons, as a place of habitation, residence, living quarters or for dwelling purposes, temporarily or permanently, continuously or transiently, at any location within the city.

MOOR

To anchor or tie off any watercraft, rowboat, dinghy, canoe or other similar type of watercraft to any submerged fixed object or to tie off or secure a watercraft to a piling, dock, wharf, seawall or other subject or thing located on real property within the city and adjacent to the waters of the city.

WATERCRAFT

Any boat, motorboat, sailboat, vessel, houseboat, barge, floating structure, floating home or any contrivance of any nature whatsoever which is waterborne, whether or not the same is capable of moving under its own power or by sail; provided, however, that this definition shall not apply to boats, etc., which are utilized, temporarily, for promotional purposes as part of an event, show, boat show or the like permitted by the City Commission.

B. Mooring prohibited generally.

(1) It is unlawful for any person to moor any watercraft which is used for live-aboard purposes within the city, which is not capable of moving under its own mechanical power or by sail.

(2) It is unlawful for any person to moor a watercraft within the city for a period of time in excess of 72 hours except under the following circumstances:

(a) The watercraft is moored at pilings, a dock or seawall which is adjacent to private real property, with the permission of the riparian owner or the permission of the lawful occupant of the real property authorized to grant permission;

(b) The watercraft is moored at a commercial marina, yacht basin or yacht club which lawfully operates pursuant to an occupational license issued by the city, is a lawfully permitted use pursuant to the Zoning Code[1] of the city, and which has lawfully permitted and licensed sewage pump-out facilities, laundry facilities and public showers; or

[1] Editor's Note: See Ch. 130, Land Development Regulations, Part 1.

(c) The watercraft is moored within an area designated by specific action of the City Commission as an approved area for the mooring of watercraft for a time period in excess of 72 hours. The existing mooring site of the Captain Anderson is hereby exempted from the seventy-two-hour limitation as long as the Captain Anderson or a successor watercraft approved by resolution of the City of South Pasadena continues to make use of the mooring site. The City Commission may, by resolution, designate and approve areas for mooring of watercraft for time periods in excess of 72 hours. Reasonable rules and regulations for such areas may also be adopted by resolution.

C. Mooring prohibited on city-owned property.

(1) It is unlawful for any person to anchor, moor or tie off a watercraft at, to or on any dock, seawall, pier or real property owned by the city, for any period of time, when the dock, seawall, pier or property has been posted by the city as "Mooring Prohibited."

(2) It is unlawful for any person to anchor, moor or tie off a watercraft at, to or on any dock, seawall, pier, area property or beaches owned by the city for a period of time in excess of 12 hours when the dock, seawall, pier or real property has not been posted as "Mooring Prohibited," with the specific exception of the existing mooring site of the Captain Anderson, which is hereby exempted from the foregoing restriction as long as the Captain Anderson or a successor watercraft approved by resolution of the City of South Pasadena continues to make use of the mooring site.

D. Mooring prohibited; proximity to residential dwellings. Except as otherwise permitted by Subsections B(2)(a) and (b) of this section, it is unlawful for any person to moor a watercraft for a period of time in excess of 12 hours within 500 feet of the mean high water mark of waterfront real property which is zoned, developed or used for residential dwelling purposes.

E. Mooring to trees and vegetation prohibited.

(1) It is unlawful for any person to moor a watercraft to any trees or vegetation on waterfront property adjacent to the waters of the city, for any time whatsoever when the watercraft is used for recreational purposes.

(2) It is unlawful for any person to moor a rowboat, dinghy, canoe or other similar type of watercraft which is propelled by other than mechanical power or by sail, to trees or vegetation, on waterfront property adjacent to the waters of the city, for any time whatsoever, when the same is used for recreational purposes.

(3) It is unlawful for any person to moor a watercraft used for live-aboard purposes to any trees or vegetation on waterfront property adjacent to the waters of the city for any period of time whatsoever.

F. Emergency exceptions to mooring prohibitions. The provisions of Subsections B, C, D and E of this section shall not apply when an emergency situation or occurrence imposes a reasonable threat to the safety or welfare of the occupants of the watercraft. In such event, a watercraft may remain temporarily moored, the prohibitions of the referenced sections notwithstanding for a period of time not to exceed 72 hours; provided, however, that the owner or occupant of a watercraft moored in violation of the aforementioned sections shall be allowed to moor, pursuant to this section, only for such period of time as is reasonably required to correct the emergency situation, and thereupon, the watercraft shall be required to conform to those sections. If a disabled watercraft cannot be repaired within 72 hours, it shall be towed or otherwise removed from the waters of the city, or the disabled watercraft shall be moored in conformity with Subsection B(2)(a) or (b) of this section.

G. Determination of violation.

(1) For the purposes of determining whether or not the requirements or prohibitions of Subsections B, C, D or E have been violated, the physical observation of a watercraft at the same location or approximate location, a minimum of two times within an allowed time period and one time beyond the maximum authorized time period shall be deemed prima facie evidence of a violation of the aforementioned sections of this Code. The required observations may be made by officers, employees or agents of the city, or private citizens, or both. In the case of observation by private citizens, such citizens shall be required to make an affidavit as to the observation and must otherwise comply with § 193-14 herein. Further, it shall not be relevant to a determination of a violation of the aforementioned sections that the watercraft was temporarily moved from a site or location and then later returned to that same site or location or in proximity thereto, unless the watercraft has been absent from the site or location for a period of 24 hours between each mooring.

(2) For purposes of determining whether or not the requirements of Subsection B(1) are being met, any City Code Inspector may request that the owner/occupant(s) of the watercraft demonstrate that the watercraft is in operational condition. The owner/occupant(s), upon request, shall in the presence of the Inspector move the watercraft under its own power away from its place of mooring a sufficient distance to demonstrate that it is fully operational. If the owner/occupant(s) are unable to demonstrate that the watercraft is operational at the time of the initial request, the owner/occupant(s) shall have seven days from the date of the original request to demonstrate to the City Code Inspector that the watercraft is operational. If at the end of seven days the watercraft has not been proven operational, it can no longer be used as a live-aboard watercraft. Any person(s) residing in said unoperational watercraft after the expiration of the seven-day grace period shall be subject to the penalties outlined in § 193-14.

[Added 2-11-1992 by Ord. No. 92-02]

§ 193-12 Watercraft equipment identification numbers.

A. It shall be unlawful for any watercraft to be operated within the waters of the city without navigational or other lights, as prescribed therefor by the inland or international piloting rules and regulations of the United States Coast Guard. Between the hours of sunset and sunrise, it shall be unlawful for any watercraft to be operated on the waters of the city without carrying a clearly visible light and exhibiting the light on the approach of any other watercraft.

B. The indiscriminate or unnecessary use of searchlights, horns, whistles or bells on or from any watercraft within the corporate limits of the city is prohibited.

C. No watercraft shall be operated within the waters of the city that does not show identification numbers prescribed by law or appropriate government regulation.

§ 193-13 Abandonment of watercraft.

It is unlawful for any person to abandon any watercraft within the waters of the city or to moor any watercraft in such a manner that the watercraft is or may become a menace to navigation. The presence of an unattended or unmoored watercraft within the waters of the city shall be prima facie evidence of a violation hereof by the owner of the watercraft. In addition to the penalties set forth under this chapter of the Code of the City of South Pasadena, abandoned watercraft are hereby declared to be a public nuisance and as such are subject to towing and removal, as well as any other actions allowed under state law by the city or private citizens of the city concerning public nuisances.

§ 193-14 Penalties for offenses.

[Amended 4-27-1993 by Ord. No. 93-08]

Any person, firm, corporation or agent who or which violates any of the provisions of this chapter or who fails to comply therewith shall be punished as set forth in Chapter 1, General Provisions, Article II, of this Code.

§ 193-15 Citizen's complaints.

In addition to enforcement actions against any individuals who violate this article witnessed by law enforcement officers, the law enforcement agency designated by the City of South Pasadena for enforcement of the provisions of this article is hereby authorized and directed to pursue enforcement of this article against violators upon the following terms:

A. Receipt of sworn affidavits from two witnesses stating:

(1) The nature of the violation and sufficient facts to substantiate the same.

(2) An accurate description of the offending watercraft sufficient to identify the same.

(3) An accurate description of the offending person sufficient to identify the same.

(4) The date, time and location of the violation.

B. Receipt of sufficient information by the investigating officer to establish a prima facie case establishing a violation.