(A) Purpose and intent.
(1) The purpose of this section is to establish regulations for the protection of manatees and shorelines from the hazard of boat collision and destructive wave action.
(2) The intent, in areas inhabited by manatees, is to reduce boat speeds to levels least injurious to the animals while providing navigation access to Turkey Creek. Additionally, it is the intent of this section to control boat speeds to levels that will minimize impacts of boat wakes on soil erosion and wave action on the banks of Turkey Creek.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRITICAL AREA. The area of Turkey Creek to the Melbourne-Tillman Drainage District central structure MS-1 and all tributaries and channels draining into Turkey Creek including C-1 to C-37.
IDLE SPEED. The minimum speed that will maintain the steerageway of a motorboat.
IDLE SPEED ZONE. A designated area within which it has been established that concentrations of manatees in large numbers are known to exist and within which all motorboat operations shall exercise a high degree of care for manatee presence, and shall not, unless authorized by a valid federal or state permit, either intentionally or negligently annoy, molest, harass, disturb, collide with, injure or harm manatees and shall proceed at the minimum speed that will maintain safe steerageway.
MANATEE. Trichechus manatus, West Indian manatee or sea cow.
(C) Applicability. The designated critical area of Turkey Creek shall be an idle speed zone. All vessels operating in that area will observe idle speed in order to protect manatees and the shorelines from the hazard of boat collision and destructive wave action.
(D) Exceptions. The terms and provisions herein shall apply to all waterways within the reaches of Turkey Creek from a line from the end of Palm Bay Point to the U. S. Geodetic Survey marker on Castaway's Point to the juncture of the Melbourne-Tillman Water Control District Canal C-1 and C-37 with the exception of:
(1) Boats of authorized enforcement agencies as the Florida Department of Natural Resources, Marine Patrol and the Palm Bay Police Department.
(2) Rescue and emergency vessels, i.e., U.S. Coast Guard, Power Squadron and Melbourne- Tillman Water Control District when responding to emergencies.
(E) Violations. With the exception of the instances listed in division (D), it shall be unlawful for any person at any time, by any means, or in any manner, to either intentionally or negligently annoy, molest, harass or disturb any manatees or to injure, harm or attempt to injure or harm any manatee.
('74 Code, § 7-17(a)-(e) (part)) (Ord. 82-41, passed 11-18-82) Penalty, see § 91.99