(A) Definitions. As used in this section, the following words shall have the following meanings:
VENDOR. A lessee, licensee, franchisee or other person expressly authorized by a commercial/business owner to engage in the business of operating a watercraft rental concession, or any commercial/business owner engaged in the business of operating a watercraft rental concession or any of their employees.
RESCUE WATERCRAFT. A watercraft operated by a vendor available solely for the purpose of effecting a water rescue in an emergency or for the purpose of ensuring that rental watercraft are operated in compliance with federal or state law or with city or county ordinance.
MANUALLY POWERED WATERCRAFT. Watercraft such as kayaks or rowboats which use human physical effort as their primary source of motive power.
MECHANICALLY POWERED WATERCRAFT. Watercraft which use an internal combustion engine or an electric motor as their primary source of motive propulsion.
SAIL POWERED WATERCRAFT. Watercraft whose primary source of propulsion is the wind, such as sailboats and sailboards.
SOFT-SIDED WATERCRAFT. Personal floating rafts, inner tubes and other soft or inflatable objects used for passive water recreation.
WATERCRAFT OPERATOR. A person who is in actual physical control of or who is steering any form of watercraft (other than soft-sided watercraft).
WATERCRAFT RENTAL CONCESSION. A business renting mechanically powered, manually powered or sail powered watercraft or any other watercraft used for active recreation.
(B) A permit may be granted to a vendor for the operation of one or more Watercraft Rental Concessions, subject to the following conditions:
(1) The vendor shall notify in writing persons renting watercraft of the special operating conditions set forth herein and of the applicable penalties for violating any of those conditions. As a condition precedent to the rental, the watercraft operator shall sign the form, acknowledging that the operator has read the form and will comply with the special operating conditions. These forms shall be archived for a minimum period of six months. The forms shall be accessible at all times for inspection.
(2) The vendor shall maintain a safety watch whenever any rental watercraft is in operation.
(3) The vendor shall ensure that all rental watercraft meet all applicable federal and state safety equipment requirements. The vendor shall provide a personal flotation device to each individual who will occupy a rental watercraft, and shall stress the importance of wearing same while the watercraft is being operated. The vendor shall provide in writing to the operator a list of safety regulations.
(4) At least one rescue watercraft shall be readily available in close proximity to the launch area for use by the vendor whenever any rental watercraft is in operation. Such rescue watercraft shall be clearly identifiable as such with markings which markings must be approved by the city.
(5) The rental watercraft shall be color coded or otherwise plainly marked so as to permit the identification of the ownership of the rental watercraft from a distance of 150 yards, and so as to distinguish the rental watercraft from the rescue watercraft. Such markings shall be approved by City Police Marine Unit.
(6) A vendor may not assign, sell, encumber or otherwise transfer a permit. Any change of ownership of the vendor's property shall require the new owner to submit a new application subject to all of the conditions and requirements of this division.
(7) Fuel storage and handling by the vendor shall conform to 5239 "Flammable and Combustible Liquids" in the South Florida Building Code and all other applicable laws, codes and regulations in addition to:
(a) All fuel containers or dispensing units shall be of an approved type as outlined in NFPA 30, Standard for Marinas and Boatyards.
(b) Gasoline and Class I Flammable liquids stored in drums or cans shall be kept separate from other facilities in an approved cabinet not to exceed an aggregate capacity of 60 gal. and no more than three cabinets at one facility.
(c) There shall be contingency plans for a fuel spill with equipment to contain and clean up spills immediately available.
(d) Storage, handling and dispensing of gasoline and all other flammable liquids shall be subject to inspection by the city's Fire Department prior to approval and subsequently on a minimum annual basis.
(8) Major repairs of watercraft on the launch site are prohibited.
(9) Any personal watercraft, as defined in F.S. Chapter 327, which are rented by a watercraft rental concession operated under this section, shall be supplied with the best available technology for noise muffling.
(C) Permit application. A commercial owner, vendor, or business shall submit a permit application along with the permit fee (which is to be established and amended by resolution by the City Commission) to the city Police Department and shall include the following information.
(1) The name, address, telephone number and signature of the commercial owner.
(2) The address of the premises from which the watercraft rental concession will be conducted.
(3) The name, address, telephone number and signature of the business operator or vendor.
(4) A complete description of all activities proposed to be conducted under the permit, including a description of the various types, sizes and approximate numbers of watercraft to be operated and a statement of provisions to be made for the safety of the public during operation under the permit.
(5) A drawing showing the specific location of the activities to be conducted under the permit and indicating the specific location and width of the marked corridor or corridors, the position of the buoys and beach front signage.
(6) Proof of public liability and property damage insurance coverage in the minimum amount of $1,000,000 combined single limit. All policies shall be maintained in full force and effect at all times a watercraft rental concession is in operation and shall be endorsed to provide the city with 30 days advance written notice of cancellation. City shall be named as an additional insured on all policies. A copy of the Certificate of Insurance shall be submitted to the city Police Department.
(7) Any additional information which is reasonably necessary to enable the City Commission to determine whether the activities proposed to be conducted under the permit may constitute a reasonably likely threat of endangering public safety.
(D) Review of permit application.
(1) The City Manager and/or his designee shall initially review the permit application and may grant or deny an application. Among other factors, the City Manager and/or his designee may consider whether:
(a) The permit application is incomplete in a material respect.
(b) The permit application has been fraudulently completed.
(c) The activity proposed under the permit application could not be conducted without a reasonably likely threat of endangering public safety or the environment.
(2) If the permit application is denied, the commercial owner, vendor, or business operator shall be entitled to be heard by the City Commission upon the filing of an appeal, if the appeal is filed with the City Clerk within five business days after receipt of notice of the denial for permit. The City Commission may uphold or reverse the denial for permit application.
(E) Suspension/revocation.
(1) Any permit granted under the provisions of this section may be suspended or revoked by the City Manager following notice to the commercial owner, vendor or business operator for any of the following reasons:
(a) Upon discovery that the permit application was fraudulently completed.
(b) When the City Manager finds that any activity conducted under the permit presents a clear and present danger to members of the public. Clear and present danger as used herein means such activity which creates a reasonably likely threat of endangering public safety. It shall be a permissible inference that an activity creates a reasonably likely threat of endangering public safety if customers of a commercial owner or business operator have been issued nine citations within the fiscal year of the city for operating the watercraft for which the commercial owner/vendor has been granted a permit in violation of this chapter and subsection or other city or county ordinance or in violation of any federal or state law. For purposes of this subsection, only those citations resulting in a finding of guilt by a court of law, or for which a plea of guilty or nolo contendere is entered, regardless of whether a violator is formally adjudicated guilty, applies.
(c) Upon discovery that the commercial owner/vendor or business operator has failed to fulfill any one of the obligations imposed on the commercial owner/vendor or business operator by this chapter, other than those pertaining to watercraft.
(d) When the operator of any rental watercraft permitted to be operated through the corridor results in a death or any injury to any swimmer or operator within the restricted area or marked corridor, if the negligence of the commercial owner, vendor or business operator contributed to such injury or death.
(e) When the commercial owner, vendor, business operator or their employees have been issued six citations within the fiscal year of the city for violating any of the provisions of this chapter or other city or county ordinance or federal or state law pertaining to watercraft. For the purposes of this subsection, only those citations resulting in a finding of guilty by a court of law, or for which a plea of guilty or nolo contendere is entered, regardless of whether a violator is formally adjudicated guilty, shall apply.
(2) Prior to a suspension or revocation becoming effective, the commercial owner, vendor, or business operator shall be entitled to be heard by the City Commission upon the filing of a request for such hearing, if the request is filed with the City Clerk within five business days after receipt of notice of suspension or revocation. The City Commission may uphold, modify or repeal the suspension or revocation.
(Ord. O-95-76, passed 12-20-95; Am. Ord. 0-98-03, passed 2-18-98)