Description: AGENDAHED.JPG

  

Item No:                    5E.

 

Meeting Date:           August 12, 2013

 

From:                          DC Maudlin, Interim Director of Public Works

 

Subject:                      Ordinance altering the size and location of the no-wake zone in Venetian Cove

 

 


Staff Recommendation: 

Staff recommends approval of an amendment to Section 15-9 of the Code of Ordinances altering the size and location of the no-wake zone in Venetian Cove.

 

Analysis:

The speed of marine traffic in Venetian Cove is currently restricted “no-wake” at all hours. Changes to established restricted areas are governed by Section 327.46 F.S. “Boating–Restricted Areas” and Chapter 68D-21 FAC, “Approval of Local Ordinances Establishing Boating Restricted Areas”. The governing agency is Florida Fish and Wildlife (FF&WL) – Boating and Waterways Section. The US Army Corps of Engineers, Jacksonville District and US Coast Guard, Miami Field Office also have review responsibilities.

 

Establishing a no-wake zone within 500 feet of any public boat ramp or any fuel dispenser selling fuel to the general public is authorized by Section 327.46 F.S.   The eastern most point of the proposed no-wake zone is 500 feet from the fuel dispenser at the Leesburg marina. The western most point is 300 feet from the public boat ramp. This proposal is within the criteria established by Section 327.46 F.S.

 

On June 6, 2013, staff conducted a test to measure the effect at the boat ramp and the marina of a boat moving at high speed just outside the proposed no-wake zone. The proposed no-wake zone was marked with buoys; the City’s 22 ft, 200 hp boat made multiple passes, at full throttle just outside the proposed no-wake zone.  Staff observed virtually no impact at the boat ramp and minor disturbance at the marina. Staff’s opinion is adoption of this amendment will not impact boat ramp operations. Multiple boats operating at full speed may impact the most exposed slips at the marina. Some sort of wake attenuation system may be warranted.

 

The Leesburg Police Department, using the city boat, can enforce the no-wake zone within the Cove.  In addition, this Ordinance includes delegation of enforcement authority to the Lake County Sheriff. The Ordinance was coordinated with the Sheriff’s office.

    

Options:

1.  Approve the amendment altering the no-wake zone in Venetian Cove.

2.  Such alternative action as the Commission may deem appropriate.

 

 

Fiscal Impact:   This amendment will have no direct fiscal impact. If, after implementation, a wave attenuation system is needed at the marina, purchase and installation of a system would cost approximately $85,000.   

 

Submission Date and Time:    8/12/2013 10:19 AM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. _BLM,_____________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


 

ORDINANCE NO.                                    

 

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING §15 – 9 OF THE CODE OF ORDINANCES PERTAINING TO RESTRICTED AREAS ON CERTAIN WATERWAYS WITHIN THE CITY, TO ALTER THE DESCRIPTION OF THE RESTRICTED AREA WITHIN THE VENETIAN GARDENS COVE AND REDUCE THE SIZE OF THE NO WAKE ZONE IN THAT AREA; ADDING A SUBSECTION TO §15 – 9 TO DELEGATE TO THE LAKE COUNTY SHERIFF THE AUTHORITY, CONCURRENT WITH THE LEESBURG POLICE DEPARTMENT, TO ENFORCE §15 – 9; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

 

WHEREAS, pursuant to Chapter 166, Florida Statutes, the City Commission of Leesburg, Florida has the home rule power to adopt ordinances necessary for the protection of the health, safety and welfare of its citizens; and

 

WHEREAS, pursuant to §327.46, Fla. Stat., the City Commission has the power to adopt ordinances necessary to establish certain enumerated boating restrictions on waterways within its boundaries; and

 

WHEREAS, the City Commission finds that vessel speeds and wake should be restricted within the boundaries permitted per Section 327.46, Florida Statues, from a municipally owned public boat ramp and fuel dispenser open to the general boating public to protect the  health, safety and welfare of the citizens of Leesburg, Florida; and

 

WHEREAS, the City Commission desires to protect the health, safety and welfare of the public and maintain a high quality of life for the citizens of Leesburg, Florida,

 

            NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I.

 

§15 – 9 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended as indicated below:

 

Sec. 15-9. - Restricted areas on certain waters within the city.

 

(a)        Restricted areas designated. The following waterways within the corporate limits of the City of Leesburg are "restricted areas":

 

(1)    That area of Venetian Gardens Cove from the entrance of same at Monkey Island on Big Lake Harris northward;  described below:

 

Beginning at a point on the easterly shoreline of Venetian Gardens Cove, said point having a coordinate of 28° 48.13686’ North Latitude and -81° 52.22301’ West Longitude, WGS 84 DATUM; thence run westerly to a point having a coordinate of 28° 48.12541’ North Latitude and -81° 52.30711’ West Longitude, WGS 84 DATUM; thence, run northwesterly to a point having a coordinate of 28° 48.28488’ North Latitude and 81° 52.44563’ West Longitude, WGS 84 DATUM, and also being on the northerly shoreline of Venetian Gardens Cove located on Big Lake Harris; thence, meandering along said shoreline northeasterly and southeasterly to the point of beginning.

 

(2)    That portion of the 9th Street Canal beginning at its entrance on Big Lake Harris at 28°47′34″ North Latitude 81°52'50" West Longitude;

 

(3)    That portion of the Herlong Park Canal on Lake Griffin extending from the launch ramp northward to 28°48′54″ North Latitude 81°52′07″ West Longitude.

 

(b)        Definitions.

 

(1)               Restricted areas are areas on waterways where the speed of vessels is limited to "slow down/minimum wake” or “idle speed/no wake."

 

(2)               Wake means visible track of turbulence and consequent lateral waves left by passage of a vessel through water.

 

(3)               No wake means that vessel speed which is the minimum required to maintain headway and does not produce a wake.

 

(4)               Minimum wake means that a vessel is operated at such a speed that the track of turbulence and lateral waves produced by the passage of the vessel through the water is of the lowest height possible above the surface of the water.

 

(5)               Vessel wake is the movement of waves created by the motion of the vessel. It is the track or path that the vessel leaves behind it.

 

(c)        Civil penalty. Violations of the restrictions imposed by this section are non-criminal infractions. The civil penalty for any such infraction is thirty-five dollars ($35.00). Any person cited for a violation shall be cited to appear before county court the Special Magistrate of the City of Leesburg in a Code Enforcement proceeding. Authority is granted to the Leesburg Police Department, and the Sheriff of Lake County, to enforce this Ordinance and to issue citations for violations.

 

(d)        Restrictions applicable to 9th Street Canal restricted waterway area. The following restrictions shall apply to the 9th Street Canal restricted waterway area:

 

Beginning at 28°48′08″ North Latitude and 81°28′42″ West Longitude the speed of vessels proceeding in any direction shall be restricted to "idle speed/no wake."

 

Beginning at 28°47′59″ North Latitude and 81°53'01" West Longitude the speed of vessels proceeding in any direction shall be restricted to "idle speed/no wake."

 

Beginning at 28°47'59" North Latitude and 81°52′54″ West Longitude the speed of vessels proceeding in any direction shall be restricted to "slow speed/minimum wake."

 

Beginning at 28°47′52″ North Latitude and 81°52′59″ West Longitude the speed of vessels proceeding in any direction shall be restricted to "slow speed/minimum wake."

 

Beginning at 28°47′34″ North Latitude and 81°52′50″ West Longitude the speed of vessels proceeding in a northerly direction shall be restricted to "slow speed/minimum wake."

 

(e)        Restrictions applicable to Venetian Gardens Cove restricted waterway area. The following restrictions shall apply to the Venetian Gardens Cove restricted waterway area:

 

The entire area of the Venetian Gardens Cove described above, and all intersecting canals, lying northward of a line, commencing at the point on the westerly shore which lies closest to the shore of Monkey Island, and continuing in a straight line from said point of commencement to the closest point thereto lying on Monkey Island and continuing in a straight line to the easterly shore and terminus of such line, is hereby designated an "idle speed/no wake" zone at all hours.

 

(f)        Restrictions applicable to Herlong Park Canal restricted waterway area. The following restrictions shall apply in the Herlong Park Canal restricted waterway area:

 

Beginning at 28°48′54″ North Latitude and 81°52′07″ West Longitude the speed of vessels proceeding in a southerly direction shall be restricted to "slow speed/minimum wake."

 

Beginning at 28°48′52″ North Latitude and 81°52′07″ West Longitude the speed of vessels proceeding in a northerly direction shall be restricted to "slow speed/minimum wake" and the speed of vessels proceeding in a southerly direction shall be restricted to "idle speed/no wake."

 

(g)        Posting of signs. Signs reflecting these restrictions shall be posted at each location.

 

(h)        Discretion to be used in lawful manner. Upon written application by a person or organization, demonstrating a good and sufficient reason, the Chief of Police or the Public Works Department director may grant exceptions to the restrictions imposed by this Ordinance, for specifically limited dates and times, during which an event is to be held which requires that vessels be permitted to exceed the restrictions of this Ordinance. As a condition of granting such an exception, the applicant may be required to have law enforcement officers present at the event, and if it is determined by the Chief of Police at any time that the event poses a danger to the public health, safety or welfare, the exception may be terminated whereupon the event must cease at once. The discretion granted to the Public Works Department director, and to the Chief of Police under this section, to grant exceptions, require the presence of police officers at a function, or terminate any permit exception issued under subsection (h) of this section, may be exercised for any purpose or in any manner which is lawful under the Constitution or laws of the United States or the state, but shall not be exercised in an arbitrary or capricious manner. Such discretion shall be exercised with regard to the protection of life, limb and property, and the preservation of the public safety, health and welfare, according to the judgment of the Public Works Department director and the Chief of Police based on the facts and circumstances of each case.

 

SECTION II.

 

All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION III.

 

If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION IV.

 

This Ordinance shall become effective upon its passage and adoption according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                   day of                                                 , 2013.

 

 

 

                                                                                    THE CITY OF LEESBURG, FLORIDA

 

 

 

                                                                                    BY:                                                                 

                                                                                                MAYOR

 

 

 

Attest:                                                                        

            CITY CLERK