2015-19 Code Amendment - Floating StructuresORDINANCE NO. 2015-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
C NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL,"
OF CHAPTER 5, "BOATS, DOCKS AND WATERWAYS," OF THE VILLAGE
CODE OF ORDINANCES TO PROHIBIT FLOATING STRUCTURES AND
PROVIDE FOR A DEFINITION; AMENDING SECTION 5 -1, "DEFINITIONS;"
ADOPTING A NEW SECTION 5 -18, "PROHIBITION OF FLOATING
STRUCTURES;" AMENDING SECTIONS 5 -19 THROUGH 5 -24 TO PROVIDE
FOR THE IMPOUNDMENT, SALE AND RECLAMATION OF UNLAWFUL
FLOATING STRUCTURES; AMENDING SECTION 5 -25, "OCCUPANCY OF
LIVE ABOARD BOATS OR VESSELS IN VILLAGE WATERWAYS;"
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, due to a rise in the anchoring and mooring of water dependent floating structures,
Palm Beach County recently adopted an ordinance prohibiting such structures in waters lying
within the jurisdiction of the County or on any property owned by the County, including
submerged lands; and
WHEREAS, the Village Council determines that the anchoring or mooring of such structures within
the waters of the Village poses a special risk to persons and property as these structures are
usually not self - propelled and cannot be quickly relocated during weather events; and
WHEREAS, floating structures pose navigational hazards above and beyond those caused by
vessels whose primary purpose is navigation; and
WHEREAS, floating structures generally serve purposes and provide services typically associated
with land based structures and are more appropriately located on land or directly connected
thereto where they can more easily connect to water, sewer and waste disposal facilities; and
WHEREAS, unregulated floating structures may preempt the customary water dependent uses
and riparian rights of surface waters including but not limited ingress, egress, boating, bathing
and fishing, as provided in Section 253.141, Florida Statutes; and
WHEREAS, prohibiting the anchoring and mooring of floating structures outside of privately
owned property, marinas and docks is in accord with the policy of the State of Florida to limit
activities on sovereign submerged lands to water dependent activities; and
WHEREAS, the Village Council determines that floating structures, other than those anchored or
moored at privately owned property, a marina or dock, should be prohibited from anchoring
or mooring in waters within the jurisdiction of the Village or on property owned by the Village.
WHEREAS, the Village Council determines that adoption of this Ordinance is in the best
interests of the health, safety and welfare of the Village and its residents.
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 8
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 and deleted language is strieken though):
Chapter 5
BOATS, DOCKS AND WATERWAYS
ARTICLE I. IN GENERAL
Sec. 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 or floating structure
other than to a pier, dock or bulkhead which is carried aboard such vessel as
regular equipment when under way and cast or dropped overboard.
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.
Floating structure shall mean a floating entity, with or without accommodation
built thereon, which is not primarily used as a means of transportation on water
but which serves purposes or provides services typically associated with a structure
or other improvement on real property. The term includes, but is not limited to,
an entity used as a residence, place of business or office with public access,
a hotel or motel, a restaurant or lounge, a clubhouse, a meeting facility, a storage
or parkin f�ty, or similar facility or entity represented as such. Floating structures
are expressly excluded from the definition of the term vessel as defined in both
F.S. 027.02 and this section. Incidental movement upon water or resting partiqll y
or entirely on the bottom does not, in and of itself, preclude an entity from being
classified as a floating structure nor shall registration of the entity as a vessel in
accordance with Chapter 327, Florida Statutes.
Live - aboard boat or vessel means: (a) 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 definition.
Mooring shall mean any appliance used to secure a vessel or floating structure
other than to a pier, dock or bulkhead.
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.
Page 2 of 8
Sec. 5 -2. Speed limit; wakes.
No person shall operate a boat or any other vessel, including water sport
`- apparatus or other physical object capable of transporting human beings or cargo
on water, at a speed in excess of five (5) miles per hour, in any of the waterways
within the corporate limits of the village, with the exception of the waters of Lake
Worth and the Intracoastal Waterway, except in cases of fire or extreme emergency.
In addition to the five- mile - per -hour speed limit, no person shall operate a
boat or any other vessel, including water sport apparatus, or other physical object
capable of transporting human beings or cargo on water, which shall cause a wake
in any of the waterways within the corporate limits of the village, with the exception
of the waters of Lake Worth and the Intracoastal Waterway, except in cases of fire
or extreme emergency. A "wake" is defined as causing "white water to be seen
breaking off the bow" of the boat or vessel.
Sec. 5 -3. Swimming in restricted waters.
No person shall engage in swimming in any waters lying within
one thousand (1,000) feet of the intersection of the Earman River and the
North Palm Beach Waterway.
Sec. 5 -4. Exhibition boats exempted from certain restrictions.
The provisions of this chapter shall not be construed to prohibit the running
of racing or exhibition boats, muffled or unmuffled, during a publicly announced
and supervised and adequately patrolled regatta or speed trial or exhibition.
Sec. 5 -5. Water skiing.
No person shall water ski in any of the waterways located within the
corporate limits of the village, nor shall any person operate any boat for towing a
person on water skis in any of the waterways located within the corporate limits
of the village; provided, however, that, nothing in this section shall be construed
to prohibit water skiing in the waters of Lake Worth or the Intracoastal Waterway.
Sec. 5 -6. Disturbing other boats.
No person shall operate a boat in such a manner as to unjustifiably or
unnecessarily annoy or frighten or endanger the occupants of any other boat,
or throw up a dangerous wake when approaching another boat.
Sec. 5 -7. Use of searchlights.
No person operating a boat shall use searchlights indiscriminately or in
such manner as to annoy or disturb other persons or boats.
Sec. 5 -8. Abandoned boats.
Every boat in a waterway which is abandoned or unseaworthy, or sinks,
grounds or becomes otherwise disabled, is hereby declared to be a nuisance and
the person in charge thereof shall abate such nuisance within ten (10) days after
notice from the director of public safety.
Page 3 of 8
Sec. 5 -9. Mooring at private or public docks without permission.
No person shall moor a boat at a private or public seawall or dock or
beach if upon private or public property within the village without the permission
of the owner or public entity thereof.
Sec. 5 -10. Observance of village health and conduct rules.
No person in charge of or occupying boats docked at or moored to land, docks,
piers or wharves abutting waterways shall fail to observe all the health and sanitary
regulations of the village, and all ordinances of the village relating to the conduct of
persons and prohibiting acts contrary to public health, morals, safety or public peace.
Sec. 5 -11. Cleanliness of docks.
Persons in charge of or occupying boats shall at all times keep the docks,
seawalls and premises adjacent to such watercraft in a neat and orderly manner and
free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds.
Sec. 5 -12. Refuse disposal.
No person in charge of or occupying a boat shall dump or throw or permit
to be dumped or thrown garbage, paper, bottles, cans, refuse or debris into
waterways. Persons in charge of boats moored or docked in the waterways shall
provide garbage cans of sufficient size to hold garbage and refuse.
Sec. 5 -13. Pollution of waterways.
No person in charge of any houseboat or other boat or vessel in motion,
anchored or tied up at any marina or any other waterways within the village limits
shall permit any excreta or refuse from any toilet or privy on such boat, to be
thrown from, to be ejected from, or to be allowed to escape from such boat into
the waters in which such boat is in motion, tied up or anchored.
Sec. 5 -14. Hours for running engines in residential districts.
No person shall run or operate any boat engine for the purpose of charging
batteries, running auxiliary equipment or testing between the hours of 10:00 p.m.
and 8:00 a.m. in any residential district.
Sec. 5 -15. Living aboard boats restricted.
Living aboard boats in commercial wet storage marinas is permitted;
provided, further, that, the following regulations apply to commercial wet storage
marinas where persons live aboard boats:
(1) Not more than ten (10) percent of the dock spaces at a commercial
wet storage marina may be occupied by boats where persons live
aboard for more than eight (8) months out of any twelve -month period.
These dock spaces are for the purpose of providing security against
vandalism and theft at marinas. All live- aboard boats must be equipped
with a marine sanitation device acceptable under the current regulations
of the U.S. Environmental Protection Agency, the U.S. Coast Guard
and the state department of environmental regulation.
Page 4 of 8
(2) Marinas where persons may live aboard overnight shall be equipped
with potable water and sanitary sewage facilities, including
showers, rest rooms and bathhouses located within the marina area
available for use by all persons who live aboard boats overnight.
In addition, all such marinas shall provide adequate electrical and
potable water service, dockside, to each boat. Sewage service may
be provided to each boat where persons are permitted to live aboard
overnight, but in no event may holding tanks or sewage facilities
aboard any boat be flushed within the marina area so as to cause
any pollution, damage or debris to any waters.
(3) A dockmaster or person shall be in charge of each marina and shall
maintain a log which shall include a current list of persons registered
to live aboard boats in that marina, the register number of all boats
docked in the marina, and a description of the marine sanitation
devices installed in each boat, available at all time for use and inspection
by the village community development department. This requirement
is to aid in the protection of life and property at marinas and to
deter unauthorized persons from being in the marina areas.
(4) The administrative, enforcement and appeal procedures of the
village housing code shall apply to this section.
Sec. 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 thirty (30) percent of the lagoon width from
the face of the bulkhead nor extend beyond the side property lines extended.
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 -18. yea Prohibition of floating structures.
La) No floating structure shall be anchored or moored in the waters lying
within the jurisdiction of the village or on any property owned by the village, including
any submerged lands. Notwithstanding the foregoing, northing in this section shall
prohibit a floating structure from anchoring or mooring at a public or private marina
within a berth or slip, at a public or private pier or dock with permission from the
property owner or on privately owned property, including submerged lands.
(b) Floating structures also meeting the definition of live- aboard boats
or vessels shall comply with the provisions of section 5 -15.
U 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 chapter 2 of this code, impoundment
pursuant to the provisions of this article, and the initiation of appropriate legal action
in a court of competent jurisdiction. Each day a violation of this section occurs
shall constitute a separate offense and be punishable as such.
Page 5 of 8
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
in the prohibited are 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
frem the prohibited area 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 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:
Page 6 of 8
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:
Dated at Village of North Palm Beach, Florida, this
of , 20
day
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.
Page 7 of 8
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.
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 22ND DAY OF OCTOBER, 2015.
PLACED ON SECOND, FINAL READING AND PASSED THIS 12TH DAY OF NOVEMBER, 2015.
(Village Seal)
ATTEST:
VILLAG CLE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 8 of 8
'VA,e,�QAL-e,
MAYOR C� —