1998-12 Boat Mooring Regulations• ORDINANCE NO. 12-98
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SECTION 5-1, DEFINITIONS, OF ARTICLE I OF
CHAPTER 5, BOATS, DOCKS AND WATERWAYS; ADDING SECTION 5-17 AND
SUBSEQUENT SECTIONS TO ARTICLE I OF CHAPTER 5 OF THE CODE OF
ORDINANCES TO PROVIDE LIMITATIONS ON ANCHORING AND MOORING OF
VESSELS ON WATERWAYS WITHIN THE VILLAGE; REQUIRING MOORING PERMITS;
PROVIDING PROCEDURES FOR IMPOUNDMENT AND SALE OF VESSELS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
SECTION 1. Section 5-1, Definitions, of Article I of Chapter 5, Boats, Docks,
and Waterways, of the Code of Ordinances of the Village is hereby amended to read as
• follows:
"Section 5-1. Definitions.
As used in this chapter, unless the context indicates otherwise, the
following terms shall have the indicated meanings:
Anchor shall mean any appliance used to secure a vessel other than to a
pier which is carried aboard such vessel as regular equipment when under
way.
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.
Mooring shall mean any appliance used to secure a vessel other than to a
pier.
Prohibited area shall mean all water bottom lands within the Village not
authorized by the code of Ordinances for the anchorage or mooring of
• vessels.
•
Vessel is synonymous with boat as referenced in section 1(b), Article VII of
the state Constitution and includes every description of watercraft, barge and
air boat, other than a seaplane on the water, used or capable of being used
as a means of transportation on water.
Waterway means any waters, waterway, lake, river, tributary, canal,
lagoon or connecting waters within the boundaries of the Village, other
than the Florida Intracoastal Waterway."
SECTION 2. Section 5-17, Limitation on anchoring and mooring in prohibited
area; mooring permit required, is hereby added to the Code of Ordinances of the Village
and to read as follows:
"Section 5-17. Limitation on anchoring and mooring in prohibited area;
mooring permit required.
• It is declared to be unlawful for any person to anchor or moor in a stationary
position or cause any vessel to be in any portion of the prohibited area for
a period of time of more than ninety-six (96) hours in any consecutive thirty
day period. The occupants of such vessel upon notice by the Department of
Public Safety or other authorized person of the Village shall obtain a
mooring permit from the Department of Public Safety within eighteen (18)
hours after notification and register the occupants and vessel on forms
provided by the Department of Public Safety. A mooring permit fee shall be
required as established by the Village council.
The prohibitions provided herein shall not apply to the following vessels:
A. Vessels moored or anchored for the purpose of making
emergency repairs.
B. Vessels owned and operated by the Federal or State
Government.
C. Vessels in the Intracoastal Waterway.
D. Vessels permitted to engage in construction or dredging
activity."
E. Vessels seeking shelter or safe harbor during hurricanes or
periods of hurricane watch or warning, as issued by the
• National Weather Service.
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•
SECTION 3 . Section 5-18, Unlawfully anchored or moored vessels -
Department of Public Safety to impound, is hereby added to the Code of Ordinances of the
Village and to read as follows:
"Section 5-18. Unlawfully anchored or moored vessels -Department of
Public Safety to impound.
The Department of Public Safety of the Village is authorized and directed to
take into custody and impound any vessel unlawfully anchored or moored in
the prohibited area and any such vessel taken into custody and impounded
under the authority of the Department of Public Safety shall not be released
therefrom until the charges for towing such vessel and storage charges have
been paid. The charge for towing or removal of any such vessel and storage
charges shall be the customary charges prevailing in the Village for such
services."
• SECTION 4. Section 5-19, Same Owner to be notified upon impoundment,
is hereby added to the code of Ordinances of the Village and to read as follows:
"Section 5-19. Same -Owner to be notified upon impoundment.
Whenever any vessel is taken into custody and impounded by the authority
of the Department of Public Safety as authorized herein, and the name and
address of the owner of such vessel can be ascertained by the Department
of Public Safety, 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 has been removed."
SECTION 5. Section 5-20, Same -Procedure in event owner cannot be
found, is hereby added to the Code of Ordinances of the Village and to read as
follows:
•
"Section 5-20. Same -Procedure in event owner cannot be found.
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Whenever the Department of Public Safety authorizes the removal of such
vessel from the prohibited area as authorized herein and the Department of
Public Safety does not know and is not reasonably able to ascertain the
name and address of the owner of such vessel or for any other reason is
unable to give the notice to the owner, and in the event the vessel is not
returned to the owner within a period of three (3) days after same has been
taken into custody and impounded, the Department of Public Safety shall
immediately send or cause to be sent a written notice of such impoundment
by mail to the Division of Marine Resources of the Department of Natural
Resources, and shall file a wpy of such notice with the person who has
been authorized to have custody of the impounded vessel for the purpose
of storage. Such notice shall include a complete description of the vessel,
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 is
stored."
SECTION 6. Section 5-21, Unclaimed Vessel to be sold; certification of
• sale, is hereby added to the Code of Ordinances of the Village and to read as follows:
"Section 5-21. Same -Unclaimed vessel to be sold; certification of sale.
(a) If the owner fails to claim the vessel within twenty-one (21) days after
the Department of Public Safety has sent its notice to the Division of
Marine Resources, such vessel shall be sold to the highest bidder at
public auction by the Department of Public Safety 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) days prior to the date of sale. Such notice
shall give the time and place of sale and describe the vessel to be
sold. A copy of such notice shall be mailed to the owner if his 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 to deliver
a title of ownership; but shall furnish the purchaser a certificate in
substantially the following form:
Certificate Number:
•
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CERTIFICATE OF SALE
VILLAGE OF NORTH PALM BEACH, DEPARTMENT OF PUBLIC
SAFETY, FLORIDA
THIS IS TO CERTIFY that the following described vessel was
impounded and placed in the custody of the Department of Public
Safety, where it was held for twenty-five (25) days, after which time
the Department of Public Safety made every reasonable effort to find
the owner of the same or if found, such owner failed to repossess
same, this vessel 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:
Dated at Village of North Palm Beach, Florida, this ,
day of , ~ gg_,
•
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."
SECTION 7. Section 5-22, Same -Claiming of vessel by owner; payment of
costs, is hereby added to the Code of Ordinances of the Village and to read as follows:
"Section 5-22. Same -Claiming of vessel by owner; payment of costs.
The owner of such impounded vessel may take possession of such vessel
at anytime 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."
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• SECTION 8 Section 5-23, Same -Reclamation of owner after sales is
hereby added to the Code of Ordinances of the Village and to read as follows:
"Section 5-23. Same -Reclamation of owner after sale.
The proceeds from the sale of any impounded vessel 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, 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 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 forteited to the Village."
SECTION 9. Section 5-24, Use of vessel for dwelling purposes in
• prohibited area, is hereby added to the Code of Ordinances of the Village and to read
as follows:
"Section 5-24. Use of vessel for dwelling purposes in prohibited area.
It shall be unlawful of any person to occupy for dwelling purposes any vessel
in the prohibited area except during the period covered by the mooring
permit referred to in Section 5-17."
SECTION 10 If any section, paragraph, sentence, clause, phrase or word
of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or
void, such holding shall not affect the remainder of this Ordinance.
SECTION 11. All Ordinances or parts of Ordinances in conflict herewith are
• hereby repealed.
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SECTION 12. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 9th DAY OF
APRIL
1998.
PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF
199
(VILLAGE SEAL)
• ATTEST:
VILLAGEE CL/ ERK ' -
CJ
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