Fort Walton Beach Ordinance — 2159--Amending LDC Chapter 5 for Livery Vessels — reading text

for customer use. d. Proof of livery vessel vendor' s right to conduct business at the livery vessel rental location. If the livery vessel vendor is also the property owner, no proof shall be required. e. Site plan for an established location for check in and out of customers. This may be accomplished through a permanent location or a non -permanent vessel NPLV) rental location. 1) A copy of the livery vessel vendor' s Local Business Tax Receipt must be displayed at the check in/out location along with any requirements of Florida Statute. 2) NPLV rentals are either a self-propelled vehicle or other trailer/vehicle moved by a self-propelled vehicle shall adhere to the following standards: a. The applicant shall obtain all applicable City building permits for the installation of the NPLV for improvements including but not limited to temporaFy/ accessory structures site improvements, lighting, signage, and utilities. b. The NPLV shall conform to all applicable Florida Building Code and Florida Fire Prevention Code standards. c. All equipment and/ or utilities associated with the NPLV shall be screened from public view. The NPLV shall not contain any structural defects ( i. e. rust, broken parts, holes) and shall contain surfaces that are readily cleanable. d. The applicant shall demonstrate that the NPLV meets all setback requirements. e. A finished facade shall be applied to the NPLV to provide the appearance of a permanent structure. All parts involved in the movement of NPLV shall be covered. This includes, but is not limited to tires, wheels, tongue, and taillights.  Facade must be able to be removed to allow for movement NPLV should it become necessary f. A storage plan for any vessels which will be stored on the upland portion of M livM vessel establishment. Such storage plan must show, to scale the locations of all stored vessels and confirm that such vessels are being stored in legal parking spaces or other appropriate areas pursuant to the City of Fort Walton Beach Land Development Code. Storage in legal parking spaces is only permitted if enough additional _parking remains to support customer usage for the number of boats permitted. All upland storage of watercraft must complywith coMply LDC 5. 04. 04 — DEy Storage Facilities for Watercraft. Temporary storages of a vessel outside of the approved storage_pIan-is allowed for no more than two ( 2) weeks. g. Parking plan, drawn to scale that demonstrates compliance with the Land Development Code with regard to number of livery vessels identified on the livery vessel vendor permit. h. A copy of Florida Fish and Wildlife Conservation Commission Livery Operator Permit. i. Photograph( of each livery vessel ( including any chase or replacement vessels) shall be submitted with the application, that show each vessel displays legible information identifying the FL registration number, rental company name, telephone number and vessel name or number. All information shall be clearly visible from twenty (2)feet away from vessel. j. A list of all vessels including FL Registration Number and brief descri tion. 4. Notwithstanding the foregoing, in years subsequent to the initial permit approval, an gpl2licant may submit a sworn notarized Affidavit of No Chane on a form provided by the City, if no changes have been made to any submittals provided with the application for the prior year' s City -approved permit. a. If no changes have been made other than the FL Registration numbers of the vessels in operation, applicants may submit the Affidavit of No Change as lona as a new list of vessels is submitted with the affidavit. b. Providing false information to the City on any permit application or affidavit associated therewith may result in suspension or revocation of the permit, and any other le a1 or equitable remedy authorized by law. E. Issuance or refusal of permit. The city manager or his designee shall issue a certificate of compliance to the a licant Won completion and approval of the City permit application form including all required documentation pursuant to section 5. 04. 32( B)( 3). Incomplete permit  applications will be returned to the applicant with a list of corrections needed. No operations are allowed until the permit is approved. F. Permit not transferable. If ownership of a livery vessel is transferred, the approved permit for that vessel max be transferred only if the vessels will be operated at the same location. City staff must be notified within ten ( 10) days of change in ownership. If the vessel( s) will be operated at a different location, a new permit must be approved before operation of the vessel( s) at the new location. No permit shall be used at any location other than the one for which it is issued. G. Renewals and expiration of permit. All permits issued under the provisions of this article shall be valid for a period no longer than twelve 12 months and shall expire on the last day of Februgy of each calendar year. Permits may be renewed between November 1 and March 1 of each year. Businesses operating without a renewed permit will be subject to enforcement outlined in LDC 5. 04. 32. M. H. Changes in Permit during the year. 1. Any changes to an approved permit that affect parking ( i.e. reduction of l2arkin available, increase in number of vessels, etc.) require a new application. The new application must include the items listed in LDC 5. 04. 32. D. 3( a), 5. 04. 32.D. 31g), and 5. 04. 32. D.3( i) 2. City Staff must be notified within ten ( 10) days of any changes that do NOT affect parking. No new application is required for these changes_ nr J.J. EmployeeEmployee EmergencyEmergency Contingency Contingency Plans.Plans. EachEach BusinessBusiness shallshall havehave contingency contingency plans/plans/ protocolsprotocols forfor thethe emergencies emergencies listedlisted below_below_ AtAt aa minimum,minimum, thesethese plans/plans/ protocolsprotocols shallshall includeinclude contacts contacts toto call,call, immediateimmediate steps,steps, reporting,reporting, andand similarsimilar provisionsprovisions including,including, butbut notnot limitedlimited to:to: 1.1. Fuel/Fuel/ OilOil Spill:Spill: 2.2. FuelFuel Fire:Fire:  3. Rental Vessel Accident; 4. Medical Emergency; and 5. Inclement Weather. K. Vendor Em to ee Training. Employees shall be required to complete the following training and upon request rovide documentation at the site. At all times during business hours an employee that has com leted the training must be located at the business facility. Employees that have not completed the training shall have thirty ( 30) days from start of employment to complete the training and may teMporarily operate under the supervision of someone who has completed the training.Current/Existing em to ees shall have six months from the effective date of this ordinance to comply with these training requirements. Documentation of training must be k t at the Business location and be made available for inspection at all times when the business is open. Trainin = shall apply to all employees that supervise, take reservations, handle paperwork with customers, provide pre- ride/pre-rental training, or otherwise operate the rental or response/recovery equipment and shall include the following 1. State of Florida Boating Safety Education Course; 2. Okaloosa Boating and Waterway Safety Video-, 3. FWC' s online Livery Course; 4. American Heart Association First Aid Response Course: 5. PWC or Pontoon equipment trainin - In-house training on the safety/ operation on the specific apparatus rented by the vendor; and 6. Contingency Training - In-house training for the employee on the specific contiggency plans required for this Business location. L. Restrictions. 1. Live vessels shall not be permitted to be rented from City parks or boat launches. All live vessel vendors must operate from a designated property that is permitted in accordance with all federal, state, and local requirements and City codes. There shall be no " mobile" liveEy vessel vendors or delivpa of livery vessels to customers from undesignated properties within the City, and customers may onlypick up and return livery vessels from properties that have obtained that re uired permits for livery vessel vendors. In the event that a vessel needs to be removed from or returned to the water for maintenance storm preparation, or similar reasons, a city hark or boat launch may be utilized ONLY for the purpose of removing or returning the vessel to the water. 2. Boater safety information shall be located at all livery vessel establishments in a place visible to the renting public pursuant to Section 327. 54, F. S., with content_ and size as provided in Chapter 120, F. S. 3. Livery vessel vendors shall provide appropriate local safety instructions to customers. In addition to any and all State mandated training, all operators of the rental vessel shall undergo the following training a. Okaloosa Boating and Waterway Safety Video or comparable video. b. PWC or Pontoon equipment video/ training_ on the safety/ operation on the specific apparatus rented, and c. Emer enc contact information for law enforcement coast guard, 911 and vendor. d. Operator Identification -Qperators shall have a wrist band indicating the have met the training requirements above and are properly licensed. There shall be two separate identification colored wrist bands which shall be used by the business to identify the Operators, the color coordination of wrist bands is as follows: l Green —to use when Operator is over the age of 18 years old and was born before January 1 1988 and by Florida law is not required to obtain a Florida Temporary Boaters_ Certification or obtain the National Association of State Boating Law Administrators { NASABLAi approved boaters license or passed a Florida Teml2orary Boaters Certification. 2) Pink —to use when Operator is over the age of 18 but born after January 1, 1988, who has a NASBLA approved boaters license or passes a Florida Temporary Boaters Certification. 4._ Each livery vessel for rental shall have legible information identifying the rental