Fort Walton Beach Ordinance — 2072--Livery Vessel Business Moratorium--FAILED — reading text

AVI R1/35 - See 4. Cc d ,4) ORDINANCE 2072 AN EME ' GENCY ORDINANCE OF THE CITY COUNCIL OF T CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO LIVERY VESSELS; • TABLISHING A TEMPORARY MORATORIU FOR 180 DAYS RELAT 6 1 TO THE ISSUANCE OF NEW BUSINESS T• ' RECEIPTS FOR LIVERY ESSEL BUSINESSES; PROVIDING FO' FINDINGS; PROVIDING FO' AUTHORITY AND INTENT; PROV DING FOR A TEMPORARY MO' 4• TORIUM; PROVIDING FOR SEV' ' • BILITY; AND PROVIDING AN EFF TIVE DATE NOW, THEREFORE, BE IT ORD• NED BY THE CITY CO 4 NCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA • S FOLLOWS: WHEREAS, pursuant to Chapter 1 . 041( 3)( b) of e Florida Statutes, a governing body of a municipality by a two- thirds vote may e . ct an em- gency ordinance to protect the health, safety, welfare of the public; and WHEREAS, the Fort Walton I ch, Florida ( hereinafter the " City") has City of identified a significant increase in Livery Vesse r- tal businesses operating within the City limits upon the City of Destin implementing a ms atori i on livery vessel rental businesses; and WHEREAS, the waterways, adjacent o the land' and municipal limits of the City and waterways within greater Okaloosa County, • e overcrowde' resulted in a dangerous congestion of Vessels being rented to a high numb r of inexperienc- d and ineffective Livery Vessel lfare; and operators increasing the risk to the public'. health, safety and - WHEREAS, the City provides unicipal services inclu.' ng the regulation and issuance of business tax receipts but has no adequate regulat ens on Livery Vessel rental current businesses operating within the City mits; and WHEREAS, the appropria . regulation, licensing, and permi ing of business tax receipts is vital to the public health, safety, and welfare; and WHEREAS, the City has determined that the above- r: ited facts have resulted ouncil in the significant danger to th; health, safety, and welfare of the public; . d WHEREAS, pursu• t to Chapter 327. 60 of the Florida Statutes, t - governing body of a municipality may regulat- he operation of livery vessels; and WHEREAS, t - City Council finds it necessary for the public' s ealth, safety, and welfare to direct City Staff to evaluate the impact of Livery Vessels in the ity and adjacent waterways and to p: form the necessary research into the uses, congestion, • vercrowding and water quality of wa - rways in and immediately adjacent to the City of Fort Walt. Beach; and WHERE: S, the City Council finds it appropriate to impose a temporary oratorium on the issuance of ew business tax receipts for Livery Vessel businesses while ade uate research and regulation can be implemented to protect the health, safety and welfare of the ublic. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC ' OF THE CITY OF I RT WALTON BEACH, FLORIDA AS FOLLOWS:  Section 1. Findings The above stated findings are hereby adopted. Section Authority and Intent The authority • r enactment of this ordinance is pursuant to the powers ves d in the City 166. 041( 3) of the Florida by s. 2( b), Art. VIII of - State Constitution, Section 166. 021 and C Statutes, and the Fort Walto• Beach City Charter. The intent of this ordin. ' ce is to ensure that the risk to the publ•• s health, safety, and welfare is not adversely affected b the increased proliferation of live , vessels in the adjacent waterways that pose a heightened risk .• the public while the City see, to research and establish adequate regulations to minimize risk ti the public' s health, safer, and welfare presented by livery vessel rental businesses. Section 3. Temporary Moratorium There is hereby enacted a Temporary Mor: orium • the issuance of new business tax receipts related to Livery Vessels as principal or acce ory uses for a period of one hundred and the city limits of Fort . ton Beach, Florida. This Temporary eighty ( 180) days within Moratorium shall not prohibit the renewal of existinl. b iness tax receipts for those business which currently have obtained such business tax rece'. is pri a to enactment of this ordinance. City staff is directed to evaluate and dev- • p recomm- I dations for consideration, and if that • 1 consider, . ' other things, aesthetics, appropriate, adoption of regulations ong socioeconomic impacts, quality of life for th- public, tourism, co ' munity character issues, open spaces, habitat diversity and the overall he. th and safety of the up = ds and waterways adjacent in the City of Fort Walton Beach. The City Council may exten s the Temporary Moratorium es . blished in this ordinance upon a finding by the City Counci et forth in the ordinance that the e, oblems giving rise to the need for the Temporary Morate ium established herein continue to • xist and that reasonable progress is being made in carry' g out a specific and prompt plan of co ective legislative action, but that additional time is re.: onably needed to adequately address the is. ues facing the City. Section 4. Severab' ity In the event any I rovision of this Ordinance or the application t ereof to any person or circumstance alid, it is the intent of City Council that such in alidity shall not affect is held i any other provisions • the Ordinance which may be given effect without t e invalid provision or application and, to t s end, the provisions of this Ordinance are declared s= verable. Section 5. r ffective Date This Ord' ance shall take effect immediately upon approval and adoption by City Council and the • gnature of the Mayor. Adopted: Richard A. Rynearson, Mayor