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No person may construct, attempt to construct, cause to be constructed, maintain or cause to be maintained any levee or modification to any stream channel or drainage ditch within the city without first obtaining approval of the plans therefor by the City Commission; provided that, all such plans shall be in substantial compliance with rules and standards adopted by the State Water Development Board.
(1998 Code, § 130-1) Penalty, see § 10.99
WATERCRAFT
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOAT. Including, but not limited to, the term MOTORBOAT. A vessel not more than 65 feet in length, measured from end to end over the deck, excluding sheer and manufactured or used primarily for non-commercial use.
BOAT LIVERY. A business establishment engaged in renting or hiring out boats for profit.
CONGESTED BOATING AREA. In any area of water such as channels, marinas, basins, coves, and also, shoreline having piers, docks and platforms. CONGESTED BOATING AREAS are delineated as follows:
(1) Any cove, channel or basin whose access is restricted to a width of 600 feet or less including concave shorelines;
(2) Any area beyond the out end of piers, T-heads, breakwaters and platforms a distance of 100 feet and within 100 feet of the sides of such structure;
(3) Any area between the ends of the structures in division (2) above and the shoreline when such structures are within 600 feet of each other; and
(4) Any area within 300 feet of the water’s edge.
DEALER. A person customarily engaged in the business of buying, selling, brokering or exchanging boats or outboard motors at an established or permanent place of business in the city and that at each place of business there is a sign conspicuously displayed showing the name of the dealership so that it may be located by the public and with sufficient space to maintain an office, service area and display or products.
DIVE DOWN FLAG. A square or rectangular red flag that has a diagonal white stripe and is at least 24 inches by 24 inches in size.
HEADWAY SPEED. Slow, idle speed or speed only fast enough to maintain steerage on course.
MANUFACTURER. A person engaged in the business of manufacturing new and unused boats and outboard motors for the purpose of sale and trade.
NEW. Every boat or outboard motor after its manufacture and before its sale or other transfer to a person not a manufacturer or dealer.
OPERATE. To navigate, pilot or otherwise use a boat or a vessel.
OUTBOARD MOTOR. Any self-contained, internal combustion propulsion system, excluding fuel supply, which is used to propel a vessel and which is detachable as a unit from the vessel.
OWNER. The person who rightfully claims lawful possession of a vessel by virtue of the legal title or the U.S. Coast Guard documentation or of an equitable interest.
PERSONAL WATERCRAFT. A boat which is designed to be up to ten feet in length and which is designed to be operated by a person or person sitting, standing or kneeling on the vessel rather that in the conventional manner of sitting or standing inside the vessel.
PUBLIC BULKHEAD. Any bulkhead or component of a bulkhead owned and/or maintained by the city for the purpose of retaining land and does not include docks or other improvements intended for other purposes or uses.
REASONABLE TIME. Fifteen calendar days.
SLOW, NO WAKE. Forward speed of less than five mph or forward speed without creating a well or wake.
UNDOCUMENTED MOTORBOAT. A vessel that is not required to have, and does not have, a valid marine document issue by either the U.S. Bureau of Customs or the U.S. Coast Guard, or their agencies.
VESSEL. Any watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
WATER OF THE CITY. Any public water within the territorial limits of the city.
(1998 Code, § 130-21) (Ord. 03-16, passed 6-4-2003)
(A) Required numbering. Each undocumented vessel on the water of the state shall be numbered in accordance with the provisions of the State Parks and Wildlife Department, unless specifically exempted.
(B) State certificate of number. When a motorboat or vessel is in operation the certificate of number (registration) or facsimile thereof must always be aboard and available to a law enforcement officer. When a certificate is renewed, the same number shall be reissued, if application is made to the State Parks and Wildlife Department within the 90-day period preceding the expiration date. All motor boats and vessels, regardless of length or horsepower are required by law to be registered.
(1998 Code, § 130-23) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99
(A) Operation of vessels without required equipment or identification prohibited. No person shall operate or give permission for the operation of a vessel that is not provided with the equipment required by this subchapter or any documentation required by this subchapter or any documentation required by the U.S. Coast Guard.
(B) Classes of motorboats. Motorboats subject to the provision of this subchapter are divided into four classes according to the length as follows:
Class A | Less than 16 feet in length |
Class 1 | 16 feet or over and less than 26 feet in length |
Class 2 | 26 feet or over and less than 40 feet in length |
Class 3 | 40 feet in length or over |
(C) Lights. A vessel or motorboat when not at dock must have and exhibit at least one bright light, lantern or flashlights from sunset to sunrise in all weather. A vessel or motorboat when underway between sunset and sunrise in all weather must have and exhibit the lights prescribed by the Commandant of the Coast Guard for boats of its class. No other lights that may be mistaken for those prescribed shall be exhibited.
(D) Sound-producing devices. A vessel or motorboat must have an efficient whistle or other sound-producing device if one is required by the commandant of the Coast Guard.
(E) Life preserving devices.
(1) A vessel or motorboat must have at least one life preserver, life belt, ring buoy or other device of the sort prescribed by the regulations of the Commandant of the Coast Guard for each person on board, so placed as to be readily accessible.
(2) A vessel or motorboat carrying passengers for hire must have a readily accessible life preserver of the sort prescribed by the regulations of the Commandant of the Coast Guard for each person on board.
(3) The operator of a Class A or Class 1 vessel or motorboat, while underway, shall require every passenger under 13 wear of age to wear a life preserver of the sort prescribed by the regulations of the Commandant of the Coast Guard. A life belt or ring buoy does not satisfy this requirement. In addition, a Type IV personal floatation device must be aboard Class 1 motorboats immediately available for use as a throwable device.
(F) Fire extinguishers.
(1) A vessel or motorboat must have the number, size and type of fire extinguishers prescribed by the regulations of the Commandant of the Coast Guard.
(2) The fire extinguishers must be capable of promptly and effectively extinguishing burning gasoline or any burning fossil fuel, whether gas or liquefied. They must be kept in condition for immediate and effective use at all times and must be placed so as to be readily accessible.
(G) Flame arrestors; backfire traps. A motorboat must have the carburetor or carburetors of every engine using gasoline as fuel, except outboard motors, equipped with an efficient flame arrestor, back fire trap or other similar device prescribed by the regulations of the Commandant of the Coast Guard. Certain engines that are labeled “model DU Engine accepted for use without an external back fire flame arrestor” are exempted.
(H) Ventilators. Each motorboat and vessel, except an open boat, using as fuel any liquid of a volatile nature must have the equipment prescribed by the regulations of the Commandment of the Coast Guard designed to ventilate properly and efficiently the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gasses.
(I) Exhaust water manifold; muffler. A motorboat operation on the water in the city must have and shall be required to use an exhaust water manifold or a factory-type muffler installed on the engine.
(J) Rearview mirrors.
(1) A vessel used to tow a person or person on water-skis or an aquaplane or similar device on the water in the city must have a rearview mirror of a size no less than four inches from bottom to top and across from one side to the other. The mirror must be mounted firmly so as to give the boat operator a full and complete view beyond the rear of the boat at all times.
(2) Division (J)(1) above does not apply to vessels used in water-ski tournament, competitions or exhibitions, or to a vessel that, in addition to its operator, has on board a person 13 years of age or older observing the progress of the person being towed.
(K) Canoes, punts, rowboats, sailboats and rubber rafts; equipment exemptions. All canoes, punts, rowboats, sailboats and rubber rafts when paddled, poled, oared or windblown are exempt from all required safety equipment, except the following:
(1) One Coast Guard-approved lifesaving device for each person aboard; and all other Coast Guard-approved and required gear or equipment; and
(2) The lights prescribed for Class A vessels by the Commandant of the Coast Guard.
(1998 Code, § 130-24) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99
(A) Rules of the road. The U.S. Coast Guard inland rules apply to all public water of the city, to the extent they are applicable.
(B) Reckless or negligent operation. No person shall operate any motorboat or vessel or manipulate any water-skis, aquaplane or similar device in a willfully or wantonly reckless or negligent/manner that endangers the life, limb or property of any person.
(C) Excessive speed.
(1) No person shall operate any boat at a rate of speed greater than is reasonable and prudent, having due regard for the conditions and hazards, actual and potential, then existing, including weather and density of traffic, or greater than will permit the operator, in the exercise of reasonable care, to bring the boat to a stop within the assured clear distance ahead.
(2) No person shall operate a boat within the waters of the city in excess of headway speed when within a congested boating area.
(3) No person shall operate a vessel within 50 feet of any other vessel, person, stationary platform, bulkhead or other object, or shore, except at headway speed. Markers of aids to safe operation are excluded.
(D) Hazardous wake or wash. No person shall operate a vessel or motorboat so as to create a hazardous wake or wash.
(E) Circular course around person fishing or swimming. No person shall operate a vessel or motorboat in a circular course around any other vessel or boat in which any occupant is engaged in fishing or around any person swimming.
(F) Interface with markers or ramps.
(1) No person shall moor or attach a boat to a buoy, beacon, light marker, take, flag or other aid to safe operation placed upon the public water of the city. No person shall move, remove, displace, tamper with, damage or destroy the markers or aid to a safe operation. Nothing in this division (F)(1) shall prohibit or regulate the use of floating commercial moorings.
(2) No person shall moor or attach a vessel to a public boat launching ramp, except in connection with launching or retrieving of a boat from the water.
(3) Save and except in an emergency, no person shall moor or attach a vessel or motorboat or seaplane to a municipally-owned bulkhead without the express permission of the city in the form of a valid permit or license issued by the Public Works Department. This division (F)(3) does not apply to emergency situations affecting vessels or motorboats or seaplanes nor does it apply to patrol or rescue craft engaged in such patrol or rescue craft engaged in such patrol or rescue activities.
(4) Save or except in an emergency, no person operating a vessel, motorboat or seaplane shall board passengers to a municipally-owned bulkhead nor shall anyone discharge passengers to a municipally-owned bulkhead. This division (F)(4) does not apply to emergency situations affecting vessels or motorboats or seaplanes, nor does it apply to patrol or rescue craft engaged in such patrol or rescue activities.
(G) Obstructing passage.
(1) No person shall anchor a boat in the traveled portion of a river or channel so as to prevent, impede or interfere with the safe passage of any other boat through the same area.
(2) No person shall anchor a vessel near a public boat ramp so as to prevent, impede or interfere with the use of the boat ramp.
(H) Operating boats in restricted area. No person shall operate a boat within a water area that has been clearly marked, by buoys or some other distinguishing device, as a bathing, fishing, swimming or otherwise restricted area by the city. This division (H) does not apply to a patrol or rescue craft or in any case of an emergency.
(I) Operating vessels in scuba diving or snorkeling area.
(1) No person shall operate a vessel within 50 feet of a buoy or of another vessel displaying a “diver down” flag that marks and area in which a person is scuba diving or snorkeling.
(2) No person shall operate a vessel at a speed greater than the minimum speed necessary to maintain steerage way and headway while the vessel is within one hundred 150 feet of a buoy or a vessel displaying a “diver down” flag that marks an area in which a person is scuba diving or snorkeling.
(3) To be entitled to the protections of this division (I), a scuba diver or snorkerler must prominently display a “diver down” flag from a buoy or vessel.
(4) This division (I) does not apply to a person who is operating a patrol or rescue craft or in an emergency.
(5) Division (I)(1) above does not apply:
(a) To a person who is already operating a vessel in an area when another person displays a “diver down” flag within 150 feet of that vessel;
(b) To a person who is operating a vessel in a waterway that is less than 300 feet wide; or
(c) To a person who has permission to enter the area from the person who placed the buoy or the person who is operating the vessel displaying the “diver down” flag.
(J) Water-skis, aquaplanes and the like; time and manner of operation.
(1) No person shall operate a vessel on any water of the city towing a person or person on water-skis, surfboards or similar devices and no person shall engage in water-skiing, surfboarding or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise. This division (J)(1) does not apply to motorboats or vessels used in water-ski tournaments, competitions or exhibitions or trials if adequate lighting is provided.
(2) All vessels or motorboats having in tow or otherwise assisting in towing a person on water-skis, aquaplanes or similar contrivances shall be operated in a careful and prudent manner and at a reasonable distance from person and property so as not to endanger the life or property of any person.
(3) A person being towed on water-skis, aquaplanes or similar devices by a vessel is considered an occupant of the vessel.
(K) Operation of personal watercraft.
(1) No person shall operate a personal watercraft in the following manner or under the following circumstances:
(a) Unless each person riding on or towed behind the vessel is wearing a U.S. Coast Guard-approved Type I, II, III or V person floatation device;
(b) If the vessel is equipped by the manufacturer with a lanyard type engine cutoff switch, unless such lanyard is attached to the person, clothing or personal floatation device of the operator as appropriate for the vessel involved;
(c) During the period between sunset and sunrise;
(d) Within 50 feet of any vessel, person, stationary platform or other object, or shore, except another personal watercraft or except at headway speed;
(e) If the operator is under 13 years of age, unless the operator:
1. Is accompanied by a person at least 17 years of age or older; or
2. The operator has successfully completed a boating safety course prescribed and approved by the State Parks and Wildlife Department or the U.S. Coast Guard.
(f) If the personal watercraft is a motorboat, within any area prohibited for operation for a motorboat by state law or local rule or regulation;
(g) While towing water-skis, an aquaplane, a surfboard, a tube or any other similar device, unless the towing vessel is designed to carry on board a minimum of tow person;
(h) By jumping the wake of another vessel recklessly or unnecessarily close to that vessel; and/or
(i) In a manner that requires the operator to swerve at the last possible moment to avoid collision.
(2) The provisions of this section do not apply to professional exhibitions or an artificially sanctioned race, tournament or exhibition.
(3) Division (K)(1)(d) above does not prohibit the operation of personal watercraft on bodies of water less than 100 feet in width.
(L) Operations of motorboats. No person shall operate a motorboat of over 15 horsepower on the public waters of the city unless the person is 13 years of age, or:
(1) Is accompanied by a person 17 years of age or older; or
(2) Has successfully passed a boating safety course prescribed and approved by the State Parks and Wildlife Department.
(1998 Code, § 130-25) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99
(A) Swimming prohibited near certain vessels. No swimmer or diver shall come within 200 yards of a sightseeing or excursion motorboat, except for maintenance purposes or unless within an enclosed area.
(B) Swimming prohibited from public bulkheads. No person shall dive or otherwise enter the water from a public bulkhead.
(1998 Code, § 130-26) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99
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