(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) PRIVATE WATERWAY. Any body of water surrounded by private property whereby adjacent and surrounding property owners own and exercise control over the waterway. This shall include, but not be limited to lakes, ponds, and canals.
(2) PUBLIC WATERWAY. Those bodies of water to which the general public has a right of access and which are usually accessible to the neighboring public.
(B) It shall be unlawful for any person other than adjacent and surrounding property owners, their families, and guests, to swim, fish, boat, or otherwise trespass in, on, or upon any privately or publicly owned waterway, pond, lake, canal, or other body of water when such activity is within 100 feet of a private residence and is so posted. Any person in violation of this section shall, upon conviction, be punished as provided in § 10.99 of this code.
(C) Upon the joint recommendation of the Recreation Department and the Chief of Police, with area maps provided, the City Commission, upon a majority vote, may from time to time designate public fishing areas which shall be exempt from this section.
(`69 Code, § 12-17) (Ord. 262, passed 8-4-71; Am. Ord. 484, passed 1-8-79) Penalty, see S 10.99