2006-01 Mooring in Lagoons ORDINANCE N0.2006-01
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING ARTICLE I OF CHAPTER 5, BOATS, DOCKS AND
WATERWAYS, OF THE CODE OF ORDINANCES OF THE VILLAGE IN THE
FOLLOWING RESPECTS: ADDING ANEW SECTION 5-16 THERETO ENTITLED
"MOORING LIMITATIONS IN LAGOONS (PRIVATE DOCKS)"; AMENDING EXISTING
SECTION 5-17 (BEING RENUMBERED TO SECTION 5-18), ENTITLED "LIMITATION
ON ANCHORING AND MOORING IN PROHIBITED AREA; MOORING PERMIT
REQUIRED"; RENUMBERING EXISTING SECTIONS 5-17 THROUGH SECTIONS 5-25,
INCLUSIVE; 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. Article I of Chapter 5, Boats, Docks and Waterways, of the Code of Ordinances
of the Village is hereby amended by adding a new Section 5-16 thereto entitled "Mooring
Limitations in Lagoons (Private Docks)" and to read as follows:
"Section 5-16. Mooring Limitations in Lagoons (Private Docks).
Excluding lagoon end situations, for properties fronting lagoons, no vessel
that is moored shall extend more than 30% of the lagoon width from the face of
the bullchead nor extend beyond the side property lines extended."
Section 2. Section 5-17 (being renumbered to Section 5-18), entitled "Limitation on
anchorage and mooring in prohibited area; mooring permit required" is hereby amended to read
as follows:
"Section 5-18. 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-
dayperiod. 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:
(1) Vessels moored or anchored for the purpose of making emergency repairs.
(2) Vessels owned and operated by the federal or state government.
(3) Vessels in the Intracoastal Waterway
(4) Vessels permitted to engage in construction or dredging activity until such
time that said construction or dredging activity is completed, not to exceed
statutory limitations.
(5) Vessels seeking shelter or safe harbor during hurricanes or periods of
hurricane watch or warning, as issued by the National Weather Service."
Section 3. The following sections in Article I of Chapter 5, Boats, Docks and Waterways of
the Code of Ordinances of the Village are hereby renumbered as follows:
Section 5-16, Authority of Village to board boats violating chapter, is
hereby renumbered as Section 5-17.
Section 5-17, Limitation on anchoring and mooring in prohibited area;
mooring permit required, is hereby renumbered as Section 5-18.
Section 5-18, Unlawfully anchored or moored vessels -Department of
Public Safety to impound, is hereby renumbered as Section 5-19.
Section 5-19, Same -Owner to be notified upon impoundment, is hereby
renumbered as Section 5-20.
Section 5-20, Same -Procedure in event owner cannot be found, is hereby
renumbered as Section 5-21.
Section 5-21, Same -Unclaimed vessel to be sold; certification of sale, is
hereby renumbered as Section 5-22.
Section 5-22, Same -Claiming of vessel by owner; payment of costs, is
hereby renumbered as Section 5-23.
Section 5-23, Same -Reclamation of owner after sale, is hereby renumbered as
Section 5-24.
Section 5-24, Use of vessel for dwelling purposes in prohibited area, is hereby
renumbered as Section 5-25.
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Section 5-25, Fueling of marine craft, is hereby renumbered as Section 5-26.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is
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for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this Ordinance.
Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 6. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 8TH DAY OF DECEMBER, 2005.
PLACED ON SECOND, FINAL READING AND PASSED THIS 26TH DAY OF
JANUARY, 2006.
MAYOR
ATTEST:
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VILLAGE CLERK
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