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(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
(A) Specific provisions of this subchapter may be waived by action of the City Commission for professional exhibitions, officially sanctioned races or tournaments. Applications for such special events shall be submitted in writing for placement on a Commission agenda no less than 30 calendar days prior to the event. The applications shall state the hours and dates of the event, described the purpose, list the name, address and phone number of the person or organization responsible for the event, list specific provision of the ordinance requiring waiver and, where applicable, list the substitute action proposed to minimize the adverse effects of the waiver.
(B) Procedures shall also be in conformance with Ch. 160 of this code of ordinances.
(1998 Code, § 130-27) (Ord. 03-16, passed 6-4-2003)
(A) Enforcement officers.
(1) All city peace officers are enforcement officers for the purposes of this subchapter.
(2) The enforcement officers may enforce the provisions of this subchapter by arresting and taking into custody any person who commits any act or offense prohibited by this subchapter or who violates any provision of this subchapter.
(B) Water safety vessels; lights. Only official water safety or emergency vessels may use rotating or flashing blue beacon lights.
(C) Required response to police water safety vessel. The operator of a vessel underway, on sighting a rotating or flashing blue beacon light, shall reduce power immediately and bring the vessel to a no-wake speed and subsequent stop until the intention of the water safety vessel is understood.
(D) Inspection of vessels.
(1) In order to enforce the provisions of this subchapter, an enforcement officer may stop and board any vessel subject to this subchapter and may inspect the boat to determine compliance with the applicable provisions.
(2) An officer boarding a vessel shall first identify himself or herself by presenting proper credentials.
(3) No person operating a boat on the water of this city shall refuse to obey the directions of an enforcement officer when the officer is acting under the provisions of this subchapter.
(4) The safety of the vessel shall always be the paramount consideration of an arresting officer.
(5) If an enforcement officer determines that a vessel and its associated equipment is being used in violation of this subchapter so as to create especially hazardous condition, he or she shall direct the operator to proceed to a nearby destination the officer designates, and the vessel shall not be used until the condition creating the condition is corrected.
(E) Violation; notice to appear.
(1) An enforcement officer who arrests a person for a violation of this subchapter shall deliver to the alleged violator a written notice to appear within ten calendar days after the date of violation before the court having jurisdiction of the offense.
(2) Persons arrested shall sign the notice to appear, promising to make their appearance in accordance with the requirements set forth in the notice. After signing the notice, such person may be released. Failure to appear before the court having jurisdiction constitutes a violation of this subchapter. A warrant for the arrest of the person failing to appear may be issued.
(1998 Code, § 130-28) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99
(A) A person who violates or fails to comply with the State Department of Water Resources and federal laws concerning the disposal of sewage, trash or oil, from boats in city water commits a prohibited offense. A separate offense is committed each day a violation continues.
(B) A person who violates or fails to comply with any regulations of the U.S. Coast Guard pertaining to the necessity to retrofit older vessels or motorboats with holding tanks for sewage, commits a prohibited offense. A separate offense occurs each day a violation continues.
(1998 Code, § 130-29) (Ord. 03-16, passed 6-4-2003)