Fort Walton Beach Resolution — 2023-02 Supporting Okaloosa County with Boating Restricted Areas — reading text

RESOLUTION 2023- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING THE BOARD OF COUNTY COMMISSIONERS OF AN ORDINANCE IN OKALOOSA COUNTY ESTABLISHING BOATING RESTRICTED AREAS AS PROVIDED IN SECTION 327.46( I)( B) 1. A., FLORIDA STATUTES AT LIZA JACKSON PARK AND THE LANDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Walton Beach (" City") recognized the need for waterway and boater safety; and WHEREAS, City recognizes the need to work with Okaloosa County for waterway and boater safety; and WHEREAS, section 327. 46( 1)( b) l. a., Florida Statutes, grants counties and municipalities the authority to establish Idle Speed, No Wake boating-restricted areas if the area is within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width; and WHEREAS, in order to enhance boater safety and the safety of the general public deemed necessary based on visibility, vessel traffic congestion, and other navigational hazards the City along with Okaloosa County has determined that it is in the public interest to establish a Idle Speed No Wake" boating-restricted area around the Liza Jackson Park Boat Ramp and Slow Speed Minimum Wake" boating-restricted areas around the Okaloosa Island Boat Basin and Fort Walton Beach Landing Boat Ramp; and WHEREAS, the establishment of a boating- restricted area at these locations has been the subject of public discussion. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. The City supports the efforts of Okaloosa County to improve waterway and boater safety. Section 2. The City supports the creation of a " Idle Speed No Wake" boating- restricted area around the Liza Jackson Park Boat Ramp and " Slow Speed Minimum Wake" boating- restricted areas around the Okaloosa Island Boat Basin and Fort Walton Beach Landing Boat Ramp. Section 4. The Mayor and City Staff is hereby authorized to support the efforts of Okaloosa County to establish the Wake and Speed boating restricted areas. Section 5. The Clerk is hereby instructed to record a coy of the Resolution in the appropriate record book upon adoption and to furnish a certified copy of the Resolution to the office of:  RIESO LUTI ®N 2023 - 2 Okaloosa County Commission c/o Trey Goodwin, Chair of the County Commission 1250 N Eglin Parkway Shalimar, FL 32579 Section 6. This Resolution shall become effective upon adoption by City Council and signature of the Mayor. Adopted: 1tNe ,,.,a r ) y3 4Z44-di a- Richard A. Rynearson, ayor Attest: Approved for form, le im Barnes, City Clerk Foy 414'04, Ha : d Dy es, J tt• e _ cx. rr'" r' R O R{ DI '  1 ORDINANCE 2 3 4 AN ORDINANCE OF THE BOARD OF COUNTY 5 COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA; 6 MAKING VARIOUS FINDINGS OF FACT; CREATING 7 CERTAIN SECTIONS UNDER CHAPTER 19, ARTICLE III 8 OF THE CODE OF OKALOOSA COUNTY; 9 ESTABLISHING BOATING RESTRICTED AREAS AS 10 PROVIDED IN SECTION 327. 46( 1)( B) 1. A., FLORIDA 11 STATUTES; PROVIDING FOR CODIFICATION IN THE 12 CODE OF ORDINANCES; PROVIDING FOR 13 SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, the Board of County Commissioners of Okaloosa County ( the " Board") is 17 empowered by section 125. 01, Florida Statutes, to establish, coordinate, and enforce such 18 regulations as are necessary for protection of the health, safety and welfare of the public; and 19 20 WHEREAS, section 7. 46, Florida Statutes, sets forth the boundaries of Okaloosa 21 County, Florida, which includes the surface waters within the jurisdiction of the State of Florida; 22 and 23 24 WHEREAS, section 327. 46( 1)( b) 1. a., Florida Statutes, grants counties and 25 municipalities the authority to establish Idle Speed, No Wake boating-restricted areas if the area 26 is within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility 27 available for use by the general boating public on waterways more than 300 feet in width; and 28 29 WHEREAS, in order to enhance boater safety and the safety of the general public 30 deemed necessary based on visibility, vessel traffic congestion, and other navigational hazards 31 the County has determined that it is in the public interest to establish a " Idle Speed No Wake" 32 boating- restricted area around the Liza Jackson Park Boat Ramp and " Slow Speed Minimum 33 Wake" boating-restricted areas around the Okaloosa Island Boat Basin and Fort Walton Beach 34 Landing Boat Ramp; and 35 36 WHEREAS, the establishment of a boating- restricted area at these locations has been the 37 subject of public discussion, and is being coordinated with the Florida Fish and Wildlife 38 Conservation Commission, Florida Department of Environmental Protection, United States 39 Army Corps of Engineers, and the United States Coast Guard. 40 41 NOW, THEREFORE, be it ordained by the Board of County Commissioners of 42 Okaloosa County: 43 44 SECTION 1. FINDINGS OF FACT. The above recitals are incorporated by reference 45 into this Ordinance and are adopted as Findings of Fact. 46 47 SECTION 2. ESTABLISHMENT OF A NEW BOATING- RESTRICTED AREA. 48 Article III of Chapter 19 of the Code of Okaloosa County is hereby amended to include the 49 following: 50 51 Sec. 19- 92. Boating-restricted areas established. 52 53 The following boating-restricted areas are hereby established: 54 55 ( 4) Liza Jackson Boat Ramp " Idle Speed No Wake" boating- restricted area as provided by 56 Section 327.46( 1)( b) 1. a., Florida Statutes, and as shown by Exhibit A attached hereto. Within 57 the area shown by Exhibit A, all vessels must proceed at a speed no greater than that which will 58 maintain steerageway and must comply with requirements set forth in 68D- 24.002( 2), F. A.C, as 59 may be amended. 60 61 a) This boundary describes a boating safety zone that extends 500 feet in all directions 62 from a point( 30° 24. 336' N, 86° 38.290' W) at the Liza Jackson Boat Ramp. 63 64 ( 5) Okaloosa Island Boat Basin and Kayak Launch " Slow Speed Minimum Wake" boating- 65 restricted area as provided by Section 327.46( 1)( b) l. a., Florida Statutes, and as shown by Exhibit 66 B attached hereto. Within the area shown by Exhibit B, all vessels must proceed at a speed no 67 greater than that which is reasonable and prudent to avoid an excessive wake or other hazardous 68 condition under the existing circumstances and must comply with requirements set forth in 68D- 69 24.002( 2), F. A.C, as may be amended. 70 71 a) This boundary describes a boating safety zone that extends 500 feet in all directions 72 from the western- most entrance ( 30° 23. 937' N, 86° 36. 439' W) of the Okaloosa 73 Island Boat Basin and Kayak Launch. 74 75 ( 6) Fort Walton Beach Landing Park " Slow Speed Minimum Wake" boating- restricted area 76 as provided by Section 327.46( 1)( b) 1. a., Florida Statutes, and as shown by Exhibit B attached 77 hereto. Within the area shown by Exhibit B, all vessels must proceed at a speed no greater than 78 that which is reasonable and prudent to avoid an excessive wake or other hazardous condition 79 under the existing circumstances and must comply with requirements set forth in 68D- 24.002( 2), 80 F.A.C, as may be amended. 81 82 a) This boundary describes a boating safety zone that extends 500 feet in all directions 83 from the seaward- most point( 30° 24.099' N, 86° 36. 401' W) of the Fort Walton Beach 84 Landing Park public dock. 85 86 SECTION 3. DEFINITIONS; ENFORCEMENT AND PENALTIES; 87 EMERGENCY, LAW ENFORCEMENT, FIRE- FIGHTING, OR RESCUE VESSELS. 88 The provisions of Sections 19- 91, 19- 93 and 19- 94, which address definitions, enforcement and 89 penalties, and exempt vessels shall apply to the boating-restricted area established in Section 2 of 90 this Ordinance. 2  91 92 SECTION 4. CODIFICATION IN THE CODE OF ORDINANCES. It is the 93 intention of the Board and it is hereby ordained that the provisions of this Ordinance shall 94 become and be made part of the Okaloosa County Code of Ordinances and that the sections of 95 this Ordinance may be renumbered to accomplish that intent. 96 97 SECTION 5. SEVERABILITY. Should any section or provision of this Ordinance or 98 any portion thereof, or any paragraph, sentence, or word be declared by a court of competent 99 jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other 100 than the part declared to be invalid. 101 102 SECTION 6. EFFECTIVE DATE. This Ordinance will become effective upon receipt 103 of the notice of its filing with the Office of the Secretary of State. 104 105 PASSED AND ADOPTED in Regular Session this_ day of February 2023. 106 107 108 BOARD OF COUNTY COMMISSIONERS 109 OF OKALOOSA COUNTY 110 111 112 113 Trey Goodwin 114 Chairman 115 116 117 ATTEST: 118 119 120 121 122 J. D. Peacock II, Clerk 123 124 125 126 127 APPROVED AS TO FORM: 128 129 130 131 132 Lynn M. Hoshihara 133 County Attorney 134 3  rr 1" P, 40 ice''' °. E E rITit C1) 1 ! U C C a` 0 O