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HomeMy WebLinkAbout1998-134/30/98(ord)LEGAL(WGC/nhm) ORDINANCE NO. 98- 1 3 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 306 OF THE CODE, MISCELLANEOUS OFFENSES AND PROGRAMS, BY ADOPTING SECTION 306.12 "USE OF AIRBOATS IN THE ST. SEBASTIAN RIVER". WHEREAS, Section 327.60 and Section 327.22 of Florida Statutes allow the adoption of ordinances relating to the operation of vessels; and WHEREAS, Indian River County expends money for the patrol, regulation, and maintenance of lakes, rivers, or waters and for other boating related activities in this County; and WHEREAS, the operation of airboats on the St. Sebastian River has resulted in the damaging of property and the erosion of the shoreline; and WHEREAS, the St. Sebastian River will be properly marked as a restricted area in accordance with Section 327.40, Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. ADOPTION OF SECTION 306.12. Section 306.12. Use of airboats in the St. Sebastian River. (1) Purpose and intent. It shall be the purpose of this section: (a) to protect the terrestrial and aquatic resources of the St. Sebastian River, including the Florida manatee and nesting birds, from unnecessary harassment and impacts attributed to noise; (b) to preserve the tranquillity of the St. Sebastian River for the enjoyment by the citizens of Indian River County; and the Indian River County Code is hereby adopted as Section 306.12 of follows: Section 306.12. Use of airboats in the St. Sebastian River. (1) Purpose and intent. It shall be the purpose of this section: (a) to protect the terrestrial and aquatic resources of the St. Sebastian River, including the Florida manatee and nesting birds, from unnecessary harassment and impacts attributed to noise; (b) to preserve the tranquillity of the St. Sebastian River for the enjoyment by the citizens of Indian River County; and JV ORDINANCE NO. 98- 13 (c) to protect smaller watercraft from the thrust generated by airboat propulsion. The operation or mooring of an airboat in any open water, tidal water or riverine wetland area along the portion of the St. Sebastian River lying within Indian River County is hereby prohibited. For the purpose of this section, an airboat shall be defined as a watercraft propelled by an engine, motor or other propulsion system which utilizes a propeller, fan or blade which is not normally submerged below the water surface upon which the craft operates and which is commonly known as an airboat. (3) Penalties and enforcement. Violations of this section shall be enforced and penalized as provided for in Sections 327.70, 327.72, and 327.73, Florida Statutes. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 2_ day of j,, n P , 19980 This ordinance was advertised in the Vero Beach Press -Journal on the 14 day of May , 1998, for a public hearing to be held on the 2— day of June , 1998, at which time it was moved for adoption by Commissioner M a c h t seconded by Commissioner G i n n and adopted by the following vote: St. Sebastian River. (2) Airboats prohibited in the The operation or mooring of an airboat in any open water, tidal water or riverine wetland area along the portion of the St. Sebastian River lying within Indian River County is hereby prohibited. For the purpose of this section, an airboat shall be defined as a watercraft propelled by an engine, motor or other propulsion system which utilizes a propeller, fan or blade which is not normally submerged below the water surface upon which the craft operates and which is commonly known as an airboat. (3) Penalties and enforcement. Violations of this section shall be enforced and penalized as provided for in Sections 327.70, 327.72, and 327.73, Florida Statutes. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 2_ day of j,, n P , 19980 This ordinance was advertised in the Vero Beach Press -Journal on the 14 day of May , 1998, for a public hearing to be held on the 2— day of June , 1998, at which time it was moved for adoption by Commissioner M a c h t seconded by Commissioner G i n n and adopted by the following vote: ORDINANCE NO. 98- 13 The Chairman thereupon declared the ordinance duly passed and adopted this ZA, day of J u n e 11998, BOARD OF COUNTY COMMISSION r INDIAN RIVER COUNTY, FLORIDA 10 f AT By By. olfn W. Tippin, Ch.Ai'trban Effective Date: ,:,. This ordinance became effect upon filing with the Department of State which took place on day of , 1998. iRisK =Mgre W. Tippin Aye Chairman John Macht Aye Vice Chairman Kenneth R. K. Eggert Commissioner Carolyn A y P A Commissioner Fran B. Adams y e D. Ginn Aye Commissioner Caroline The Chairman thereupon declared the ordinance duly passed and adopted this ZA, day of J u n e 11998, BOARD OF COUNTY COMMISSION r INDIAN RIVER COUNTY, FLORIDA 10 f AT By By. olfn W. Tippin, Ch.Ai'trban Effective Date: ,:,. This ordinance became effect upon filing with the Department of State which took place on day of , 1998. iRisK =Mgre