Okaloosa County BOCC — July 2, 2013 — Exhibit 4 (2) — reading text

ORDINANCE NO. 96-11 AN ORDINANCE OF OKALOOSA COUNTY CREATING RESTRICTED AREAS ON CERTAIN WATERS IDENTIFIED AS DESTIN HARBOR, EAST PASS BRIDGE AT DESTIN, AND SANDPIPER COVE NEAR DESTIN; DEFINING "RESTRICTED AREAS", "VESSEL WAKE", "IDLE SPEED NO WAKE", “SLOW SPEED MINIMUM WAKE"; REQUIRING THE POSTING OF SIGNS; REQUIRING STATE AND FEDERAL PERMITS; PROVIDING ENFORCEMENT AND j PENALTY FOR VIOLATIONS; PROVIDING AN EFFECTIVE u DATE AND REPEALING ALL ORDINANCES OR iH PROVISIONS THEREOF IN CONFLICT HEREWITH. i WHEREAS, the Board of County Commissioners has the authority (of establishing certain restricted areas of the waterways of | Okaloosa County, and ip i WHEREAS, it is necessary to protect the public safety, due to {vessel traffic congestion, obstructed visibility, and the | likelihood of boating accidents, and H i WHEREAS, the Department of Environmental Protection of the iState of Florida is empowered by Statute to issue regulations y specific to restrictions and the posting thereof on waters not in [the Florida Intercoastal Waterway, and | WHEREAS, the Department of Environmental Protection of the | State of Florida requires its approval of all postings of | restricted waterway activity upon waters not in the Plorida | Intercoastal Waterway, and i WHEREAS, after thoroughly reviewing the evidence presented, |OKaloosa County seeks to conform to the attendant above described requirements and in order to provide enforceable restrictions; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: - SECTION 1. Definitions: 1. "Restricted Areas" are areas on waterways where the speed of vessels is limited to "Idle Speed No Wake" or "Slow Speed uMinimum Wake". 2. "Vessel Wake" is the movement of waves created by the smotion of the vessel. It is the track or path that the vessel leaves behind it. i i | 3 <i "Idle Speed No Wake" indicates a restricted or controlled |,Zone which has been established to protect the interests of the | public. "Idle Speed No Wake" means that a vessel cannot proceed at ‘a speed greater than that speed which is necessary to maintain | steerageway. 4. "Slow Speed Minimum Wake" indicates a restricted or | controlled zone which has been established to protect the interest | o£ the public. "Slow Speed Minimum Wake" means that a vessel must | not proceed at a speed greater than that speed which is reasonable and prudent to avoid an excessive wake or condition under the existing circumstances. For the purpose of this Ordinance, "Slow | Speed Minimum Wake" and "Slow Down Minimum Wake" shall mean the Same. A motorboat in an area designated as "Slow Speed Minimum |'Wake" zone: | (a) that is operating on a plane is not proceeding at "Slow | Speed Minimum Wake" speed; : : (b) that is in the process of coming off plane and settling Jinto the water, which action creates more than a minimum wake is inot proceeding at "Slow Speed Minimum Wake" speed; | (c) that produces no wake or minimum wake is proceeding at “slow Speed Minimum Wake" speed; Hi (ad) that is completely off plane and which has settled into jthe water and is proceeding without wake or with minimum wake is {proceeding at "Slow Speed Minimum Wake" speed. Hq H SECTION 2. Restricted Areas. The following waterways uwithin Okaloosa County are hereby designated "Restricted Areas": : (a) All of that certain body of water known as Destin Harbor, jmear Destin, Florida, more accurately described in "Exhibit A", jjattached hereto and made a part hereof. iH (b) All of that certain body of water known as East Pass ‘Bridge at Destin, Florida, more accurately described in "Exhibit (A", attached hereto and made a part hereof. - if i (c) All of that certain body of water known as Sandpiper ove, near Destin, Florida, more accurately described in "Exhibit ", attached hereto and make a part hereof. i SECTION 3. Enforcement and Penalty. Violations of this “Ordinance Shall be prosecuted and punished as provided in Sections (327.70 & 327.73, Florida Statutes (1992). SECTION 4. Re atory Markers. Regulatory markers ; Shall be posted in accordance with the provisions of all local, Federal, or State laws, rules, or regulations, applicable thereto. i {i p : i SECTION 5. Effective Date. This ordinance shall take | effect upon receipt of official acknowledgment from the Department | of State of the State of Florida that it has been filed and does | hereby appeal all Ordinances or provisions thereof in conflict herewith. : | i | | DULY PASSED AND ADOPTED in regular session on this the 16th | iday of April, 1996. i 1 OKALOOSA COUNTY, a political i Subdivision of the State of Q Florida Porc. B hesite DENNIS D. NICHOLSON, CHAIRMAN i | | | ATTEST: NEWMAN C. BRACKIN ic | CLERK OF CIRCUIT COURT a Leqeup; ReseTeD ages: SEARED AREAL (OIE Gee [uo wave FETT tow sper] man. wavs’