HomeMy WebLinkAbout2010-03 Code Amendment - WaterwaysORDINANCE 2010-03
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL,"
OF CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF THE
VILLAGE CODE OF ORDINANCES TO PROVIDE A DEFINITION FOR
LIVE ABOARD BOATS OR VESSELS, TO REPEAL ANCHORING AND
MOORING PROVISIONS IN CONFLICT WITH STATE LAW, AND TO
CLARIFY THE VILLAGE'S REGULATORY AUTHORITY OVER LIVE
ABOARD BOATS OR VESSELS; AMENDING SECTION 5-1, "DEFINITIONS,"
REPEALING SECTION 5-18, "LIMITATION ON ANCHORING AND
MOORING IN PROHIBITED AREA; MOORING PERMIT REQUIRED," AND
AMENDING SECTION 5-25, "USE OF VESSEL FOR DWELLING
PURPOSES IN PROHIBITED AREA;" PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature recently amended Section 327.60, Florida Statutes, to
prohibit local governments from regulating the anchorage of vessels, other than live -aboard boats
or vessels, outside the marked boundaries of mooring fields; and
WHEREAS, the Village has not established any mooring fields within its corporate limits; and
WHEREAS, the Village Council wishes to amend Chapter 5 of the Village Code of Ordinances
to incorporate a definition for live aboard boats or vessels, to remove limitations on the
anchoring or mooring of non -live aboard boats or vessels within the Village, and to clarify the
Village's regulatory authority over live aboard boats or vessels; and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests ofthe residents and citizens ofthe Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 5, "Boats, Docks and Waterways,"
Article I, "In General," of the Village Code of Ordinances by amending Section 5-1 to read as
follows (new language is underlined and deleted language is stricken):
Sec. 5-1. Definitions.
As used in this chapter, unless the context indicates otherwise, the
following terms shall have the indicated meanings:
* * *
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Boat means any watercraft, including seaplanes when not airborne, in or
upon or docked, moored or upon boat lifts at any place in any waterway within
the boundaries of the village.
Live -aboard boat or vessel means: (al any boat or vessel used solely as a
residence and not for navigation: (b) any boat or vessel represented as a Place of
business or a professional or other commercial enterprise: or (c) any boat or vessel
for which a declaration of domicile has been filed pursuant to F.S. & 222.17. A
commercial fishing boat is expressly excluded from this defmition.
Mooring shall mean any appliance used to secure a vessel other than to a pier.
* * *
Section 3. The Village Council hereby amends Chapter 5, "Boats, Docks and Waterways,"
Article I, "In General," of the Village Code of Ordinances by deleting Section 5-18 in its entirety
(deleted language is strielorn-threugh):
Scc.
Tiff isdeclared-teber ' law fu f r peraon- o ancher-er-m or in a
stag. sitio „y vessel to be , ortion of the ohibited
J ITiGlViigl �' �JV J14Z e
for erioa of ti e ofmore than ninet.. x (96) hours , ecutive thirt y
day „nova The oc apart.. of suc1, gel , notice by the departme„t e f publ c
a�f ty o othe« „tho ea „fthe villa shall obt„ permit f o
�iL1V L'-V�V411V1 e
the department ofpublic snf ty within a ghtecM (14) hours nfer „otifcntie a«d
register-the-eccuparits-ancl-vessel-en-forrm provided by the departme„t_of public
saf leering -permit f e shall be required--as-established vy-ti ac-vilage
council.
The proh;bition.a r „idell here;., shall not apply to the f 11 syin,._:.easels.
Vessels m rep ,chore, f r the r ,.f makes;,.. e
Veaaela o e,1 and ,. erated by tl e f deral er state g a rt
Vessels i,, the Intracoastal Waterway.
Vessels ermitted is nstr„ctior r dredging activit y
until such time that said construction or dredging activity is
eeniPletedr-net-te-exeee&statutery-lifnitations,
Vessels seekin.. shelter o saf ha ber ,;„ring hurricanes o ods
of hur ieane ch a.i �T is , a by Nation, lcr-Weather
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Section 4. The Village Council hereby amends Chapter 5, "Boats, Docks and Waterways,"
Article I, "In General," of the Village Code of Ordinances by amending Section 5-25 to read as
follows (additional language is underlined and deleted language is strislen-threugh):
Sec. 5-25. Occunancv of live aboard
boats or vessels in villaee waterways.
It shall be unlawful of any person to occupy a live aboard boat or vessel
for awel ing „ e o el in the -prohibit -eel -area anv waterway except
during-the-pefied erea by tho unit of rrea to section 5 17 as
specifically authorized by this article.
Section 5. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 7. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 8. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 14th DAY OF JANUARY. 2010.
PLACED ON SECOND, FINAL READING AND PASSED T 28 3AY j J ARY, 2010.
N •,r l i f
i ..
illage Seal) i G,,
f:
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
YOR
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