Item No: 5A.
Meeting Date: August 26, 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 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.
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.
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.
Prepared by: ______________________
Attachments: Yes____ No ______
Advertised: ____Not Required ______
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
Finance Dept. _BLM,_____________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF 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:
§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":
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.
(2) Wake means visible track of turbulence and consequent lateral waves left by passage of a vessel through water.
(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.
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
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:
(e) Restrictions applicable to Venetian Gardens Cove restricted waterway area. The following restrictions shall apply to the Venetian Gardens Cove restricted waterway area:
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′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.
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
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.
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.
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.
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