Fort Walton Beach Ordinance — 2104--Amend COO Chapters 7, 9, & 11 Quality of Life — reading text

or bayou bottoms but which exclude privately owned harbor or bayou bottoms. Floating structure means a floating entity, with or without accommodations 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 to real property. The term " floating structure" includes, but is not limited to, each entity used as a residence, place of business or office with public access, hotel or motel, restaurant or lounge, clubhouse, meetingfacility, acility, storage or parkin f acility, mining platform, dredge, dragline, or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term " vessel" provided in this section. Incidental movement upon water or resting partially or entirely on the bottom shall not, in and of itself, preclude an entity from classification as a floating structure if the movement is in the same area. Waters of the City means all portions of those waters, up to and including the mean high water mark, located within the corporate limits of the city, including, but not limited to all navigable and non -navigable waterways, canals, lagoons, bayous, bays, rivers, lakes, streams, springs, impoundments, and all other bodies of water, including fresh, brackish, saline, tidal surface or underground, but excluding any area preempted by law. 11. 11. 02 Live -aboard vessels prohibited -generally, exceptions Live -aboard vessels are prohibited from mooring or anchoring in all waters of the City, except in commercial marinas, licensed and permitted commercial marine facilities, or mooring fields as may be constructed by the city and otherwise provided for in this Code, provided that such marina or mooring field is equipped with, or otherwise has access to, a pump out facility. 11. 11. 03 Use of City Boat Ramps, Dock Facilities, and Beaching of Vessels 1) The use of city boat ramps and dock facilities within the City of Fort Walton Beach are intended for temporary, short-term docking of vessels. No vessel shall be docked or tied up in excess of (30) minutes when utilizing any City boat launch or adjacent dock. 2) Except for those vessels issued temporary docking permission by the Fort Walton Beach Police Department, docking at the Fort Walton Beach Landing docks between the hours of 7: 00 a.m. and 9: 00 D. M. shall be limited to no more than four consecutive hours. 3) Only vessels issued temporary docking permission by the Fort Walton Beach Police Department may dock overnight. Overnight docking will be limited to no more than three ( 3) nights in a 6 -month period. 4) Motorized vessels are prohibited from landing on any City owned beach or public shoreline. 5) Human or wind powered vessels are permitted to rest upon any city beach and land on public shore lines as longass they do not affect the usage of the area by other people. 6) Storage of vessels or any other items on city boat ramps, dock facilities, city seawalls, or city beaches is prohibited. 11. 11. 04 Floating Structures Prohibited Floating structures, as defined in this article, are prohibited from anchoring, docking or mooringin n any waters of the city within the city limits, except at the following_ 1) Commercial marina by permission of the owner of the facility. 2) City marina by written permission of the City Manager or designee. 3) City mooring facilities by written permission of the City Manager or designee. 11. 11. 05 Derelict Vessels 1) The City shall use all available means to effectuate the prompt removal of derelict vessels through actively pursuing all remedies under statutory law, including Chapter 376. 15 and Chapter 823. 11, Florida Statutes, and shall endeavor to prevent vessels at risk of becoming derelict by pursuing the provisions of Chapter 327.4107, Florida Statute. 2) When applicable, pursuant to Chapter 327. 60, Florida Statues, the City of Fort Walton Beach may remove a vessel affixed to a public dock or mooring within its  jurisdiction that is abandoned or lost propertypursuant to Chapter 705. 103, Florida Statutes. Such violation requires a written notice to be posted at least 24 hours before removing the vessel at the owner' s expense. 11. 11. 06 Enforcement Unless another penalty is provided in another subsection, all violations of this section shall be prosecuted as misdemeanors. Upon conviction, a violator shall be punished by a fine not to exceed five hundred dollars ($ 500. 00) or by imprisonment in the county jail not to exceed sixty ( 60) days, or by both a fine and imprisonment. This enforcement procedure and penalty for violations of this article is adopted under the express authority of F. S. § 125. 69( 11. This article may be enforced by the Fort Walton Beach Police Department. Violators may also Abe removed from the park as authorized pursuant to Chapter 810. 09, Florida Statutes, trespass after warning. In addition to any criminal penalties which may be imposed,j2jj the City shall have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including_ 1) Civil Citation, 2) Prosecution before the Fort Walton Beach Code Enforcement Board or Special Magistrate, 3) Injunctive relief to enjoin and restrain any person from violating this article, and 4) Any other relief available pursuant to law.