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Sec. 58-82. Reckless Operation.
It is unlawful to operate a vessel in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel or manipulates any water skis, aquaplane, or similar device in willful or wanton disregard for the safety of persons or property, or without due regard, caution and circumspection, or at a speed or in a manner as to endanger, or is likely to endanger or is likely to endanger life or limb or damage the property of or injure any person.
(Code 1985, s 20-52)
State law reference – Similar provisions, F.S. s 327.33.
Sec. 58-83. Careless operation.
(a) No person shall operate a vessel or watercraft in a careless manner, or at a rate of speed that endangers or is likely to endanger the safety of property of any person. Regard for the presence of other boats, or persons, or other objects in or near any watercraft shall be exercised by the operator of a vessel or watercraft at all times.
(b) It shall be unlawful for any person to operate a watercraft or vessel at a rate or speed that creates waves or a wake capable of causing, or which does cause, danger or injury to any person in or along a waterway, or damage, or the possibility of damage, to docks, seawalls, vessels or other personal property located on vessels in use or which are docked or moored in any waterway in the city.
(Code 1985, s 20-53)
State Law Reference – Reckless or careless operation, F.S. s 327.33.
Sec. 58-84. Bow riding
It shall be unlawful for the operator of any mechanically powered vessel or watercraft which is underway to allow any person to ride on the bow of the vessel or watercraft when that person’s legs are hanging over the bow.
(Code 1985, s 20-54)
Sec. 58-85. Interference with navigation.
No person shall anchor, operate or permit to be anchored, except in case of emergency, or operate a vessel or carry on any prohibited activity in any manner that shall unreasonably or unnecessarily constitute a navigational hazard or interfere with another vessel. Anchoring under bridges or in or adjacent to channels shall constitute interference if unreasonable under the prevailing circumstances.
(Code 1985, s 20-55)
State Reference – Similar provisions, F.S. s 327.44
Sec. 58-86. Hazardous or abandoned vessels or watercraft; duty to report.
It shall be the duty of the owner or operator of any vessel or watercraft that is abandoned or sunk in any waterway within the city to immediately report the existence and location of the vessel or watercraft to the police department. Failure to so report shall be unlawful and upon conviction shall be punishable pursuant to section 1-15.
(Code 1985, s 20-56)
Sec. 58-88. Incapacity of Operator.
It is unlawful for the owner of any vessel or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such vessel under the prevailing circumstances. Nothing in this section shall be construed to prohibit operation of boats by paraplegics who are licensed to operate motor vehicles on the highways.
(Code 1985, s 20-58)
State Law Reference – Similar provisions, F.S. s 327.34
Sec.58-90. Water skis.
(a) No person shall engage in water skiing, aquaplaning or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise. The provisions of this section do not apply to a performer engaged in a professional exhibition or a person preparing to participate in an official regatta, boat race, marine parade, tournament or exhibition.
(b) No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, aquaplane or similar device may be affected or controlled, in such a way as to cause the water skis, aquaplane or similar device or any person thereon to collide or strike against any object, except slalom buoys, ski jumps or like objects used normally in competitive or recreational skiing.
(c) Nothing in this section shall prevent the operation of any vessel or watercraft when such vessel or watercraft is being operated for rescue purposes, or when any vessel or watercraft is in distress.
(Code 1985, s 20-60)
State Law Reference – Similar Provisions, F.S. s 327.37(2), (3).
Sec. 58-91. Continuous habitation of vessels prohibited; live-aboards.
It shall be unlawful for a person to occupy or live aboard any houseboat or other boat equipped for habitation within the city. This prohibition shall not apply to individuals occupying vessels on a temporary basis for a period not to exceed 72 hours on the condition that the vessel shall contain a Coast Guard approved, self-contained sewage treatment or storage system. The 72-hour period shall not terminate as the result of temporary absence or removal of the vessel.
(Code 1985, s 20-61)
Sec. 58-92. Restricted boating areas.
(a)Definitions.
(1)Slow speed-minimum wakeindicates a restricted or controlled zone which has been established to protect the interest of the public. Slow speed-minimum wake means that a vessel must not proceed at a speed greater than that speed which is reasonable and prudent to avoid an excessive wake or condition under the existing circumstances. For the purpose of this section, slow speed-minimum wake and slow down-minimum wake shall mean the same. A motorboat in an area designated as a slow speed-minimum wake zone:
a.is operating on a plane is not proceeding at slow speed-minimum wake speed.
b.is in the process of coming off plane and settling into the water, which action creates more than no or minimum wake, is not proceeding at slow speed-minimum wake speed.
c.produces no wake or minimum wake is proceeding at slow speed-minimum wake speed.
d.is completely off plane and that has settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed-minimum wake speed.
(2)dle speed-no wakeindicates a restricted or controlled zone that has been established to protect the interests of the public. Idle speed-no wake means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway.
(b)Restricted boating areas.There shall be created within the city various restricted boating areas in the waters of the Gulf of Mexico, which shall be marked by the city manager with regulatory buoy markers in compliance with the state uniform waterway marking system, which shall restrict all boating activities from these designated swimming areas pursuant to F.S. ch. 327 and the rules of the development of environmental protection, division of law enforcement, F.A.C. ch. 16N-23.
(c) Zones
(1) Swim Zones. The following areas shall be designated as idle speed-no wake zones; and boating activity shall be restricted within an area that is located between the water line and a buoy line, which buoy line shall be located by the city manager at a point no greater than 300 feet out into the Gulf of Mexico from the mean high water line in the following locations:
a.77th Avenue northward to the north side of city parking lot No. 2, a distance of approximately 500 feet.
b.the southern city beach access to the northern city beach access in block 1, Sunset Beach Unit 4, a distance of approximately 500 feet.
c.the south side of Weckesser Park to north side of parking lot 5 (at 100th Avenue), a distance of approximately 2,445 feet.
d. From the south end of the county park (104th Avenue) to the north end of 121st Avenue, a distance of approximately 5,200 feet.
Within the restricted boating areas, no boating activity shall be allowed except as specifically authorized by the city manager for various city-authorized or city-sponsored events. This restriction applies to all boats, including surfboards, sailboards and skim boards.
(2) Idle speed-no wake zone.
a. The following areas shall be designated as idle speed-no wake zones; and boating activity shall be restricted within an area that is located between the water line and a buoy line, which buoy line shall be located by the city manager at a point no greater than 300 feet out into the Gulf of Mexico from the mean high water line in the following locations:
1. From 82nd Avenue to the south end of Weckesser Park, a distance of approximately 2,985 feet.
2. From the south side of 77th Avenue southward to the Blind Pass Jetty, a distance of approximately 1,150 feet.
3. From the north side of city parking lot No. 2 northward to a city beach access, a distance of approximately 200 feet.
4. From the north end of 121st Avenue northward to the north end of 127th Avenue, a distance of approximately 1,800 feet.
b. The area between 200 feet south of the 600 feet north of the Blind Pass Bridge shall also be designated as an idle speed-no wake zone, and boating activity shall be restricted within such area, as shown on the map attached to Ord. No. 97-9 as Exhibit 3, and incorporated herein by reference.
(Ord. No. 94.3 § 1m 5-3-94)
Sec. 58-93. Anchoring, mooring.
(a) It shall be unlawful for any person to anchor or moor any unattended boat, watercraft or vessel in any of the waterways within the city for a continuous period of eight hours or more, or to allow any such anchoring or mooring of any such unattended boat, watercraft or vessel for any overnight period, without first securing a permit from the city manager authorizing the boat, watercraft or vessel to be anchored within the city limits in excess of such eight-hour period.
(b) Any such permit issued by the city manager shall be valid for a period not to exceed 72 hours; and only one such permit may be issued to any boat, watercraft or vessel or to any person within any month. There shall be no fee charged for such permit. The city manager may set such reasonable rules and regulations as he shall deem appropriate to ensure the public health, safety and welfare of persons and property within the city.
(c) No unattended boat, watercraft or vessel shall be anchored within 200 feet of any seawall within the city, whether or not any permit is issued by the city manager for the anchoring of such boat, watercraft or vessel.
(d) The terms “anchor” and “moor” shall be defined as the use of a heavy object attached to a vessel by cable, chain or line, which is placed overboard to keep the vessel from drifting, either by it weight or by gripping the bottom. For purposes of this section, a boat, watercraft or vessel attached or tied to a mooring buoy shall be construed as being anchored or moored.
(Ord. No. 87-7, s 1, 10-20-87; Ord. No. 88-11, s 1, 10-18-88)
Sec. 58-94. Airboats.
The operation of an airboat within the limits of the city is hereby declared to be a nuisance, and no person or business shall operate an airboat within the city. For the purpose of this section, an airboat shall be any vessel using an airplane-type propeller located above the level of the water as a means of propulsion. In addition to the penalties provided in this section or as an alternative thereto, at the discretion of the city, the city may enforce the prohibitions of this section by injunction in a court of competent jurisdiction.
(Ord. No. 92-3, s 1, 4-21-92)
Sec. 58-95. Hydroplanes and Hydrofoils.
It shall be unlawful to operate in the city, including, in, on or over any of the waterways of the city, any boat or vessel such as a hydroplane, hydrofoil, or any other type of “flying” boat or vessel, unless such boat or vessel is being propelled in and not over the water. It shall be unlawful for any such boat or be vessel to become airborne or otherwise come out of the water which being propelled under its own power. A violation of this section shall be punished in accordance with section 1-15. In addition to the penalties provided in this section or as an alternative thereto, at the discretion of the city, the city may enforce the prohibitions of th is section by injunction in a court of competent jurisdiction.
(Ord. No. 94-3 § 1, 5-3—94)
Sec. 58-96. Boat Ramps
All public boat ramps located in the city shall be closed between the hours of 11:00 p.m. and 6:00 a.m. daily; and it shall be illegal for any person to be on or about such boat ramp, including any dock at such boat ramp, during such hours.
(Ord. No. 96-6 § 1, 5-14-96)
Sec. 58-97. Running engine out of the water at ramps.
It shall be illegal for any person to cause to be run the motor or engine of any boat, vessel or personal watercraft while such boat, vessel or personal watercraft is out of the water at any time at any public boat ramp in the city.
(Ord. No. 96-6, § 1, 5-14-96)
Sec. 58-98. Cleaning equipment at boat ramp.
It shall be illegal for any person to clean any equipment of any boat, trailer or engine, including the cleaning of barnacles, at any public boat ramp in the city, whether such boat, trailer, engine or equipment is located in the water or out of the water at such boat ramp.
(Ord. No. 96-6 § 1, 5-14-96)
Sec. 63-34. Closing Hours.
(a) All business establishments in the city, licensed or unlicensed, dealing in alcoholic beverages, public or private, either directly or indirectly, shall remain closed from the hours of 2:00 a.m. to 8:00 a.m. on each day of the week except Sunday.
(b) All such business establishments shall remain closed on each Sunday from the hours of 2:00 a.m. to 1:00 p.m.
(Ord. No. 96-12, s 1 (31-9), 11-12-96)
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