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HomeMy WebLinkAbout2026-03 Code Amendment - Overnight Anchoring or Mooring LimitationORDINANCE NO. 2026-03 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE 1, "IN GENERAL," OF CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 5-26, "OVERNIGHT ANCHORING OR MOORING LIMITATION;" PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND FINES; PROVIDING FOR REMOVAL, TOWING AND DISPOSAL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach is a duly constituted municipality having such power and authority conferred upon it by the Florida Constitution and Chapter 166, Florida Statutes; and WHEREAS, during the 2025 Florida Legislative Session, the Florida Legislature enacted (and the Governor signed into law) Chapter 2025-39, Laws of Florida, which amended Section 327.60(2)(f), Florida Statutes, to authorize counties with a population of more than 1,500,000, including municipalities within those counties, to provide additional authority to regulate overnight anchoring within the waters of their jurisdiction; and WHEREAS, the Village Council finds that: (1) improperly anchored or moored vessels can damage water bottoms and seagrass beds, which are vital habitats for fish, shellfish, and manatees and are essential to the health of the Lake Worth Lagoon and surrounding waters; (2) extended or repeated anchoring causes anchor scarring, sediment disruption, and water quality degradation; and (3) limiting long-term overnight anchoring reduces environmental impacts and protects natural resources; and WHEREAS, the Village Council further finds that vessels anchored in the same location for extended periods of time can obstruct navigational channels, can interfere with access to private marinas, private docks, and public waterways, and can create hazards during storm events when poorly maintained vessels may break loose; and WHEREAS, the Village Council determines that this Ordinance complies with Chapter 327, Florida Statutes, by regulating extended overnight anchoring or mooring while preserving the rights of vessels in navigation, as well as vessels involved in permitted maritime construction, installation, or maintenance work; and WHEREAS, in adopting this Ordinance, the Village Council is exercising additional regulatory authority granted by the Florida Legislature and not creating any additional rights applicable to the anchoring or mooring of vessels; and WHEREAS, the Village Council determines that the adoption of this Ordinance is valid exercise of the Village's police powers and is in the interests of the public health, safety, and welfare. 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. Page 1 of 6 Section 2. The Village Council hereby amends Article I, "In General," of Chapter 5, "Boats, Docks and Waterways," of the Village Code of Ordinances as follows (additional language is underlined): Chapter 5 BOATS, DOCKS AND WATERWAYS ARTICLE I. IN GENERAL Sec. 5-17. Authority of village to board boats violating chapter. Any member of the police department shall have authority to board any boat in violation of this chapter, or which becomes a menace to navigation, and move or cause it to be moved to another location and he or she shall have the right to hold such boat for the payment of costs incurred in its removal or storage. Sec. 5-19. Unlawfully anchored or moored vessels—Department of law enforcement to impound. The police department of the village is authorized and directed to take into custody and impound any vessel or floating structure unlawfully anchored or moored and any such vessel or floating structure taken into custody and impounded under the authority of the police department shall not be released therefrom until the charges for towing such vessel or floating structure and storage charges have been paid. The charge for towing or removal of any such vessel or floating structure and storage charges shall be the customary charges prevailing in the village for such services. Sec. 5-20. Same—Owner to be notified upon impoundment. Whenever any vessel or floating structure is taken into custody and impounded by the authority of the police department as authorized herein, and the name and address of the owner of such vessel or floating structure can be ascertained by the police department, it shall within forty-eight (48) hours give in writing or cause to be given notice in writing to such owner of the fact of such removal and the reason therefor and the place to which such vessel or floating structure has been removed. Sec. 5-21. Same—Procedure in event owner cannot be found. Whenever the police department authorizes the removal of such vessel or floating structure as authorized herein and the police department does not know and is not reasonably able to ascertain the name and address of the owner of such vessel or floating structure or for any reason is unable to give the notice to the owner, and in the event the vessel or floating structure is not returned to the owner within a period of three (3) days after same has been taken into custody and impounded, the police department shall immediately send or cause to be sent a written notice of such Page 2 of 6 impoundment by mail to the division of marine resources of the department of natural resources, and shall file a copy of such notice with the person who has been authorized to have custody of the impounded vessel or floating structure for the purpose of storage. Such notice shall include a complete description of the vessel or floating structure, the date, time and place from which it was removed, the reason for such removal, and the name of the storage facility or place where the vessel or floating structure is stored. Sec. 5-22. Same—Unclaimed vessel to be sold; certification of sale. (a) If the owner fails to claim the vessel or floating structure within twenty- one (21) days after the police department has sent its notice to the division of marine resources, such vessel or floating structure shall be sold to the highest bidder at public auction by the police department at some place within the village; but, prior to the sale, a notice shall be published once a week for two (2) consecutive weeks in a local newspaper published in the county and circulated in the village. Publication shall be at least ten (10) day[s] prior the date of sale. Such notice shall give the time and place of sale and describe the vessel or floating structure to be sold. A copy of such notice shall be mailed to the owner if his or her name and address be known at least ten (10) days before the date of such sale. The village shall not guarantee title to such vessel or floating structure or to deliver a title of ownership; but shall furnish the purchaser a certificate in substantially the following form: Certificate Number: CERTIFICATE OF SALE VILLAGE OF NORTH PALM BEACH, DEPARTMENT OF PUBLIC SAFETY, FLORIDA Certificate Number: CERTIFICATE OF SALE VILLAGE OF NORTH PALM BEACH, FLORIDA POLICE DEPARTMENT THIS IS TO CERTIFY that the following described vessel/floating structure was impounded and placed in the custody of the Police Department, where it was held for twenty-five (25) days, after which time the Police Department made every reasonable effort to find the owner of the same or if found, such owner failed to repossess same, this vessel/floating structure was sold to the highest bidder at public auction after legal advertisement. This Certificate of Sale is therefor issued to: residing at Description of vessel: Page 3 of 6 Dated at Village of North Palm Beach, Florida, this day of .20 . Name and Title of Officer (b) This form shall be in duplicate. The original shall be given to the purchaser and the duplicate bound in a book of record for the purposes intended. Sec. 5-23. Same—Claiming of vessel of floating structure by owner; payment of costs. The owner of such impounded vessel or floating structure may take possession of such vessel or floating structure at any time prior to the time of sale provided herein, but such owner shall reimburse the village for all reasonable expenses for removal, storage, advertising and other expenses incurred as a result of the impoundment of such vessel or floating structure. Sec. 5-24. Same—Reclamation of owner after sale. The proceeds from the sale of any impounded vessel or floating structure shall not be expended or disbursed for ninety (90) days after the date of such sale. At any time during such period, the owner, upon providing proof of such ownership of such vessel or floating structure, evidenced by documentary written evidence, may recover back the proceeds of the sale, less all of the expenses incurred in regard to removal, storage, advertising and a commission of five (5) percent on the gross sales price of such vessel or floating structure for the cost of making such sale. If the owner fails to provide proof of ownership and recover back the proceeds of the sale in the time frame set forth herein, the proceeds of sale shall be forfeited to the village. Sec. 5-25. Occupancy of live aboard boats, floating structure or vessels in village waterways. It shall be unlawful of any person to occupy a live aboard boat, floating structure or vessel in any waterway except as specifically authorized by this article. Sec. 5-26. Overnight anchoring or mooring limitation. (a) Prohibition. No boat or vessel shall anchor or moor overnight within the jurisdictional waters of the village for a period of one (1) hour or more between one-half hour after sunset and one-half hour before sunrise for more than thirty 30) days within any consecutive six (6) month period. Exemptions. This section shall not apply to: Vessels lawfully anchored or moored within the marked boundaries of the Florida Intracoastal Waterway; (22) Rowboats, kayaks, canoes, or other non -motorized small craft,• Page 4 of 6 Vessels lawfully anchored or moored overnight for the purpose of completing permitted marine construction, installation, or maintenance work authorized by pplicable state or federal permits; Vessels anchored or moored at a marina, private dock or other permitted mooring structure meeting all applicable federal state and local requirements; or Vessels rendered immobile by emergency, mechanical failure or hazardous weather conditions provided that the operator takes all steps to remove the vessel as soon as safely possible. In cases of emergency, the Police Chief or designee may authorize temporary anchoring or mooring of otherwise prohibited vessels for such time as reasonably necessary to correct the emergency condition or relocate the vessel to a lawful mooring location. (c) Notice of Violation. Notice that a vessel is in violation of the prohibition on overnight anchoring or mooring established in this section shall be provided to the vessel owner, occupant, or operator as follows: If the vessel is occupied, written notice shall be provided directly to the vessel owner, occupant, or operator, unless such person refuses to accept the written notice, in which case the notice may be affixed to the vessel; or If the vessel is unoccupied or if occupancy cannot be determined, written notice shall be affixed to the vessel; and (33) In addition to the provision of notice pursuant to subsection (I) or 2) above, written notice shall be sent by certified mail, return receipt requested, to registered owner and any lienholder of the vessel irrespective of whether the vessel is occupied or unoccupied. The requirements of this subsection shall be deemed satisfied upon mailing of the notice. If no owner or lienholder can be identified after reasonable effort to ascertain such names and addresses, then this subjection (c)(3) shall not apply. Enforcement and fines. Enforcement. The provisions of this section may be enforced through all means available for enforcement of the village code including but not limited to, the initiation of code enforcement proceedings pursuant to article IV, chapter 2 of this Code; removal, towing, impoundment and disposal pursuant to the provisions of this article; and/or the initiation of appropriate legal action in a court of competent jurisdiction. (22,) Fines and penalties. The owner, occupant, and/or operator of a vessel found to be in violation of this section shall be subject to a fine of Page 5 of 6 $250.00 a day for a first violation and a fine of up to $500.00 a day for each subsequent violation. The owner, occupant, and/or operator of a vessel in violation of this section shall be liable for any towing,storage, torage, or related charges. O Removal, towing, and disposal. A vessel in violation of this section may be removed, towed, and impounded by the village pursuant to the provisions of this article. If the vessel owner or lienholder has failed to retrieve the vessel from the impoundment facility, the village may dispose of the vessel in accordance with the provisions of this chapter or as otherwise authorized by law. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 4. 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 5. 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 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 12TH DAY OF FEBRUARY, 2026. PLACED ON SECOND, FINAL READING AND PASSED THIS 12TH DAY OF MARCH, 2026. O� �pRTyA�I . MAYOR ATT YILLAGECE-PERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 6 of 6