Staff recommends adopting the ordinance to amend Section 15-9 - Restricted areas on certain waterways within the city, of the Code of Ordinance.
During the City Attorney’s review Special Events Ordinance, a conflict was noted in this section. The City Attorney has recommended that this section be amended to avoid conflicts within the Code of Ordinances.
1. Approve the amendment;
2. Such alternative action as the Commission may deem appropriate
There is no negative fiscal impact to adopting these amendments to this ordinance.
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City Manager __________________
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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING SECTION 15-9 OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG, FLORIDA; PERTAINING TO RESTRICTED AREAS ON CERTAIN WATERWAYS WITHIN THE CITY; REMOVING REFERENCES TO SPECIAL EVENTS; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:
Section 15-9 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended in its entirety to read:
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;
(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.
(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. Violation 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.
(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, 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) The discretion granted to the recreation and parks 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 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 recreation and parks 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 ______________, 2008.
THE CITY OF LEESBURG