ARTICLE II. - BOATING AND WATER SAFETY

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned property means wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and includes wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture or any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements.

Idle speed means the lowest speed at which a vessel can maintain steerage and control.

Idle speed no wake means 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.

Minimum wake means the least amount of water movement which can be created while the vessel maintains steerage and control at idle speed.

Motorboat means any vessel propelled or powered by machinery, whether or not such machinery is the principal source of propulsion.

Operate means to be in the actual physical control of a vessel upon the waters of this county or to exercise control over or steer a vessel being towed by another vessel upon the waters of the county.

Owner means a person, other than lienholder, having title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.

Sailboat means any vessel whose sole source of propulsion is the natural element (i.e., wind).

Slow speed minimum wake means a restricted or controlled zone which has been established to protect the interests of 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. A motorboat in an area designated as a slow speed minimum wake zone that:

(1)

Is operating on a plane is not proceeding at slow speed minimum wake speed.

(2)

Is in the process of coming off plane and settling into the water, which action creates more than no or minimum wake, is not proceeding at slow speed minimum wake speed.

(3)

Produces no wake or minimum wake is proceeding at slow speed minimum wake speed.

(4)

Is completely off plane and which has settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed minimum wake speed.

Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

Water of the county means any body of water within the unincorporated area of the county and bodies of water within those incorporated municipalities having specifically adopted this article upon which boats, water skis, aquaplanes or other similar devices intended to transport persons across water are able to travel and includes both privately and publicly owned bodies of water within the county.

(Code 1970, § 2¾-1; Ord. No. 82-22, § 1, 8-31-82; Ord. No. 87-20, § 1, 6-23-87; Ord. No. 88-31, § 1, 11-29-88; Ord. No. 93-04, § 1(2¾-1), 1-26-93)

Cross reference— Definitions generally, § 1-2.

Sec. 114-27. - Violations.

(a)

Pursuant to F.S. § 125.69 a person who violates this article shall be punished as provided in section 1-6. If the person cited pays the citation, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the violation. Such admission shall not be used as evidence in any other proceedings.

(b)

Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (a) of this section. The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the court may impose a civil penalty not to exceed $500.00.

(c)

Any person who violates any section of this article shall be prosecuted and punished in the manner provided by law under F.S. § 125.69. Each day that the violation continues shall constitute a separate violation. All cost for enforcement, prosecution and judicial review shall be assessed against the violator in finding by the court or code enforcement board that the violations have occurred.

(d)

The person responsible for enforcing this article and any law enforcement official are authorized to issue citations. The minimum fine which may be imposed upon a person convicted for a violation of this article shall be that set out in the fine schedule under such system.

(e)

Violation of any section of this article may also be enforced by injunction, and such suit or action for injunction may be instituted and maintained in the name of the county.

(Code 1970, § 2¾-2; Ord. No. 82-22, § 16, 8-31-82; Ord. No. 88-31, § 25, 11-29-88; Ord. No. 93-04, § 2(2¾-2), 1-26-93)

Sec. 114-28. - Area embraced.

This article shall apply to all waters of the county, except that it shall not apply to the Florida Intracoastal Waterway.

(Code 1970, § 2¾-4; Ord. No. 82-22, § 18, 8-31-82; Ord. No. 88-31, § 27, 11-29-88; Ord. No. 93-04, § 4(2¾-4), 1-26-93)

State law reference— Mandatory exemption for Florida Intracoastal Waterway, F.S. § 327.60(1).

Sec. 114-29. - Conflicting laws.

If any portion of this article is deemed to be in conflict with any state law, that portion shall be subordinate to the state law.

(Code 1970, § 2¾-4.4; Ord. No. 88-31, § 28, 11-29-88; Ord. No. 93-04, § 4.4(2¾-4.4), 1-26-93)

Sec. 114-30. - Adoption of rules and regulations.

When necessary, the board of county commissioners shall adopt, by resolution, appropriate rules and regulations for the implementation of this article. Such rules and regulations shall provide for but shall not be limited to the creation of a schedule of fees to pay for services provided under this article and the procedures for paying and collecting such fees.

(Code 1970, § 2¾-3; Ord. No. 82-22, § 17, 8-31-82; Ord. No. 88-31, § 26, 11-29-88; Ord. No. 93-04, § 3(2¾-3), 1-26-93)

Sec. 114-31. - Coast guard requirements.

No person shall operate a vessel which does not meet all applicable equipment requirements of the United States Coast Guard.

(Code 1970, § 2¾-4.1; Ord. No. 88-31, § 2, 11-29-88; Ord. No. 93-04, § 4.1(2¾-4.1), 1-26-93)

Sec. 114-32. - License and operational compliance.

No vessel shall be operated unless properly licensed and controlled in a manner as required by applicable state and federal laws and regulations.

(Code 1970, § 2¾-4.2; Ord. No. 88-31, § 3, 11-29-88; Ord. No. 93-04, § 4.2(2¾-4.2), 1-26-93)

State law reference— Vessel registration, F.S. § 327.03 et seq.

Sec. 114-33. - Adoption of state safety law.

The provisions of F.S. §§ 327.50—327.60, which is the Motorboat Safety Law, together with all amendments thereto, is adopted as the motorboat safety law of the city of New Port Richey, Florida. Any person violating such state law shall be subject to the penalties provided by this article.

(Code 1970, § 2¾-4.3; Ord. No. 88-31, § 4, 11-29-88; Ord. No. 93-04, § 4.3(2¾-4.3), 1-26-93)

Sec. 114-34. - Reckless or careless operation of vessel; vessels operated as part of a race or regatta authorized by F.S. § 327.48.

(a)

It is unlawful to operate a vessel upon the waters of this county in a reckless manner. A person is guilty of reckless operation of a vessel who operates any vessel or manipulates any water skis, aquaplane or similar device in a willful or wanton disregard for the safety of person or property at a speed or in a manner as to endanger or likely to endanger life or limb or damage the property of or injure any person. Any person who violates a provision of this subsection is guilty of a class V violation of the Pasco County Uniform Fee and Fine Schedule.

(b)

Any person operating a vessel upon the waters of this county shall operate the vessel in a reasonable and prudent manner, having regard for other waterborne traffic, posted speed and wake restrictions and all other attendant circumstance so as not to endanger the life, limb or property of any person. The failure to operate a vessel in such a manner constitutes careless operation. However, vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall not, absent negligence, constitute damage or endangerment to property. Any person who violates this subsection shall be cited to appear before the county court. Any person who violates a provision of this subsection is guilty of a class V violation of the Pasco County Uniform Fee and Fine Schedule.

(c)

Vessels operated upon the waters of the county as a part of a marine parade, tournament or exhibition authorized by F.S. § 327.48 may only be operated on the waters of Moon Lake.

(d)

During the time period that a regatta, race, marine parade, tournament or exhibition is being conducted on Moon Lake no vessel that is not a participant in or associated with such event as listed herein shall be operated any closer than 50 yards from the area or perimeter of the area where the event is being conducted on Moon Lake.

(e)

During the time period that events such as a regatta, race, marine parade, tournament or exhibition is being conducted on Moon Lake, no vessel that is not a participant in or associated with such event as listed herein shall be anchored any closer than 50 yards from the area or perimeter of the area where the event is being conducted on Moon Lake.

(Code 1970, § 2¾-5; Ord. No. 82-22, § 2, 8-31-82; Ord. No. 88-31, § 5, 11-29-88; Ord. No. 93-04, § 5(2¾-5), 1-26-93; Ord. No. 94-02, § 1, 3-1-94)

State law reference— Similar provisions, F.S. § 327.33.

Sec. 114-35. - Water skis and aquaplanes.

(a)

No person shall operate a vessel on any waters of this county while towing a person on water skis or an aquaplane or similar device, unless there is in such vessel a person in addition to the operator, in a position to observe the progress of the person being towed, or the vessel is equipped with a wide-angle rearview mirror mounted in such a manner as to permit the operator of the vessel to observe the progress of the person being towed.

(b)

No person shall engage in water skiing, aquaplaning or similar activity on the waters of the county at any time between the hours from one-half hour after sunset to one-half hour before sunrise.

(c)

Subsections (a) and (b) of this section do not apply to a performer engaged in a professional exhibition or a person preparing to participate in an official regatta, boat race, marine parade, tournament or exhibition.

(d)

No person shall operate or manipulate any vessel, towrope or other device upon the waters of the county by which the direction or location of water skis, aquaplane or similar device may be affected or controlled in such a way as to cause the water skis, aquaplane or similar device or any person thereon to collide with or strike against any object, except slalom buoys, ski jumps or like objects used normally in competitive or recreation skiing.

(Code 1970, § 2¾-6; Ord. No. 82-22, § 3, 8-31-82; Ord. No. 88-31, § 6, 11-29-88; Ord. No. 93-04, § 6, 1-26-93)

State law reference— Similar provisions, F.S. § 327.27.

Sec. 114-36. - Age of operators.

No person under 12 years of age may operate any vessel propelled by a motor of 11 horsepower or more on the waters of the county, unless the person is under the direct visual and audible supervision of a competent person 18 years of age or older who is qualified and capable of operating the vessel.

(Code 1970, § 2¾-7; Ord. No. 82-22, § 4, 8-31-82; Ord. No. 88-31, § 7, 11-29-88; Ord. No. 93-04, § 7(2¾-7), 1-26-93)

Sec. 114-37. - Traffic rules.

The following traffic rules shall be applicable to all vessels operating upon the waters of the county:

(1)

Passing. When two boats are approaching each other head-on or nearly so to involve the risk of a collision, each boat must bear to the right and pass the other boat on its left side.

(2)

Crossing. When boats approach each other obliquely or at right angles, the boat approaching on the right has the right-of-way.

(3)

Overtaking. One boat may overtake another on either side, but must grant right-of-way to the overtaken boat.

(4)

Emergency and patrol vessels. When a vessel is operated within 200 feet of a patrol or emergency vessel engaged in towing, performing a rescue or any function of law enforcement, that vessel shall be operated in a prudent manner and slowed so as not to create a wake or interfere in any way with the patrol or emergency vessel.

(5)

Use of flashlight or searchlight. No person shall flash a searchlight or other blinding light onto the bridge or into the pilothouse of any vessel being operated by another.

(Code 1970, § 2¾-8; Ord. No. 82-22, § 5, 8-31-82; Ord. No. 88-31, § 8, 11-29-88; Ord. No. 93-04, § 8(2¾-8), 1-26-93)

Sec. 114-38. - Sailboats and rowboats.

When a motorboat is approaching a boat propelled solely by sails or oars or is approaching a boat in tow, the motorboat must yield the right-of-way.

(Code 1970, § 2¾-9; Ord. No. 82-22, § 6, 8-31-82; Ord. No. 88-31, § 9, 11-29-88; Ord. No. 93-04, § 9(2¾-9), 1-26-93)

Sec. 114-39. - Junked, wrecked, abandoned or derelict property.

(a)

No person shall abandon or dump any article of wrecked or derelict property on or in any water of the county or at any port within the county. This includes but is not limited to wrecked, inoperative or partially dismantled vessels, decrepit or partially sunken docks, trailers, boats, machinery, construction debris, garbage, solid waste or other material. Notwithstanding this prohibition, it shall be lawful to place rip-rap at the toe of a vertical seawall or along an unimproved shoreline provided:

(1)

The rip-rap consists only of natural boulders or clean concrete rubble one (1) to three (3) feet in diameter in average dimensions;

(2)

The slope of the riprap is no steeper than two (2) horizontal to one (1) vertical and the horizontal distance from the toe of the seawall is no more than eight (8) feet, or one-third (1/3) of the total width of waterway, whichever is more restrictive (the width of the waterway shall be calculated at low tide);

(3)

There are no reinforcing rods or other similar protrusions in concrete rubble and all rubble or boulders are free of attached sediments, paint, stain or other such coatings and free of saturation by any petroleum based product.

(4)

Neither the distance nor the use of the riprap shall interfere with navigation;

(5)

There is no filling or dredging associated with the placement of riprap other than the riprap material itself;

(6)

There shall be no filling of submerged grassbeds;

(7)

The amount of wetland area filled shall not exceed one hundred (100) square feet; and

(8)

There shall be no filling of coral communities.

(9)

This exemption allowing rip-rap is also subject to the specific conditions as follows:

Installation of the rip-rap shall not result in requiring any subsequent request to dredge for navigational access;

There shall be no backfilling to obtain useable upland or to straighten an otherwise sinuous shoreline; and

There shall be no filling or backfilling to reclaim land lost by avulsion or erosion.

(10)

"Rip-rap" is a sloping retaining or stabilizing structure made to reduce the force of waves and to protect the shore from erosion, and consists of unconsolidated boulders, rock, or clean concrete rubble with no exposed reinforcing rods or similar protrusions.

(b)

If a vessel or other article of derelict or abandoned property is located on or in the waters of the county or at any port in the county in violation of subsection (a) of this section, the county may remove and dispose of the property in accordance with F.S. ch. 705 or may require the owner of the property to remove the property.

(c)

It shall be unlawful for any person to oppose, obstruct or resist any designated agent of the county in his discharge of duties or to fail or neglect or refuse to remove the abandoned, wrecked, junked or partially dismantled, inoperative or derelict property in accordance with the notice given pursuant to subsection (b) of this section.

(Code 1970, §§ 2¾-10—2¾-12; Ord. No. 82-22, §§ 7—9, 8-31-82; Ord. No. 88-31, §§ 10—12, 11-29-88; Ord. No. 93-04, §§ 10(2¾-10), 11(2¾-11), 12(2¾-12), 1-26-93; Ord. No. 02-16, § B, 7-30-02; Ord. No. 07-06, § B, 3-27-07)

Sec. 114-40. - Reserved.

Editor's note—

Section 3(D) of Ord. No. 11-12, adopted Oct. 18, 2011, removed § 114-40, which pertained to obstruction of watercourse and dock construction, for the purpose of codification in the county's land development code. Former § 114-40 derived from § 2¾-13 of the 1970 Code; Ord. No. 82-22, adopted Aug. 31, 1982; Ord. No. 88-31, adopted Nov. 29, 1988; Ord. No. 93-04, adopted Jan. 26, 1993; Ord. No. 02-16, adopted July 30, 2002; Ord. No. 02-32, adopted Dec. 17, 2002; and Ord. No. 07-06, adopted March 27, 2007.

Sec. 114-41. - Wake control; designation of idle speed no wake areas.

(a)

The county may, by appropriate resolution, designate any body or portion of water within its jurisdiction to be an idle speed no wake area if it is determined by the appropriate governing body having jurisdiction, after public hearing, that generation of wakes within the area under construction will:

(1)

Pose a threat to swimmers or bathers within the area.

(2)

Pose a threat to public safety due to boating accidents, visibility or other navigational hazards.

(3)

Threaten or endanger manatees or other mammals and their habitats.

(b)

After the areas have been posted, no person shall travel through the area at greater than idle speed no wake.

(c)

The county may additionally establish emergency idle speed no wake areas by resolution on any water within its jurisdiction. The resolution shall remain in effect for two weeks, at which time it shall expire unless the appropriate governing body having jurisdiction renews or cancels its resolution by affirmative action of the governing body. For purposes of this subsection, the term "emergency" means a state of flooding which may cause imminent peril to property surrounding the body of water.

(d)

Prior to the designation of any area being so restricted, the county shall hold a public hearing consistent with the procedures delineated in section 114-44. Furthermore, if required by state statute, the county shall apply to the department of environmental protection to have areas so designated.

(Code 1970, § 2¾-14; Ord. No. 82-22, § 11, 8-31-82; Ord. No. 87-20, § 2, 6-23-87; Ord. No. 88-31, § 14, 11-29-88; Ord. No. 93-04, § 14(2¾-14), 1-26-93)

State law reference— Violation of wake restrictions, F.S. § 327.33(2).

Sec. 114-42. - Speed limits.

(a)

Applying the same standards as delineated in section 114-41, the county may, by appropriate resolution, designate speed limits on all waters within its jurisdiction. Upon posting of speed limits, no person shall exceed the designated speed limit as posted. Nothing contained in this article shall be construed to authorize or approve any speed greater than is reasonable and proper in consideration of local conditions, other water traffic, persons swimming or fishing in the area or other hazards, whether such speed is more or less than six nautical miles per hour.

(b)

Any person who violates this section is guilty of a class two infraction and may be punished as provided in section 1-6

(Code 1970, § 2¾-15; Ord. No. 82-22, § 12, 8-31-82; Ord. No. 88-31, § 15, 11-29-88; Ord. No. 93-04, § 16(2¾-15), 1-26-93)

State law reference— Violation of speed restrictions, F.S. § 327.33(2).

Sec. 114-43. - Restricted areas.

(a)

The county shall have the authority, based on public safety or navigational hazard, to designate certain areas within its jurisdiction by appropriate signs to be bathing, fishing, swimming, slow minimum wake, idle speed no wake or otherwise restricted areas or if required by state law shall apply to the department of environmental protection to have such areas designated as restricted. The county shall further have the authority, in designated areas, to control the flow of traffic and to mark any obstruction to navigation in the waters of the county. This authority shall be exercised after giving proper notice and holding of public hearing in conformance with section 110-44.

(b)

No person shall operate a vessel within an area which has been clearly marked, by buoys or some other distinguishing device, for bathing, fishing or swimming or which has been otherwise restricted by the county, provided that this subsection shall not apply in an emergency or to a patrol rescue craft. Except in emergency, no one shall moor or fasten a vessel to any marker or buoy.

(c)

No person shall deface, obliterate, tear down or destroy, in whole or in part, or attempt to deface, tear down or destroy any buoy or sign posted pursuant to this section.

(Code 1970, § 2¾-16; Ord. No. 82-22, § 13, 8-31-82; Ord. No. 88-31, § 16, 11-29-88; Ord. No. 93-04, § 17(2¾-16), 1-26-93)

State law reference— Restricted areas generally, F.S. § 327.46.

Sec. 114-44. - Designation of restricted areas.

Prior to designation of any area as being restricted pursuant to section 114-43, the county shall hold a public hearing concerning such designation, at which all interested parties shall be given an opportunity to appear and give testimony. Due public notice of such hearing shall not be more than 30 days or less than 15 days prior to such hearing and shall be published in a newspaper of general circulation in the county, stating the date, the time and the place of the hearing. The location of the proposed restricted area and the nature of the restrictions will also be published.

(Code 1970, § 2¾-17; Ord. No. 82-22, § 14, 8-31-82; Ord. No. 88-31, § 17, 11-29-88; Ord. No. 93-04, § 15(2¾-17), 1-26-93)

Sec. 114-45. - Blocking of waterways.

(a)

No person shall operate any vessel in any channel, canal or waterway of the county with booms, rigging or any structure extended outboard of the vessel's beam more than four feet, measured from the gunwale to the outmost part of the structure, if it obstructs the channel, canal or waterway and causes a navigational hazard or hazard to public safety. This section shall not apply to specifically designed craft for research, salvage, dredging or construction.

(b)

Any person who violates this section is guilty of a class two infraction and may be punished as provided in section 1-6

(Code 1970, § 2¾-18; Ord. No. 82-22, § 15, 8-31-82; Ord. No. 85-11, § 1, 6-18-85; Ord. No. 88-31, § 18, 11-29-88; Ord. No. 93-04, § 18(2¾-18), 1-26-93)

State law reference— Interference with navigation, F.S. § 327.44.

Sec. 114-46. - Operation of vessels, water skis, seaplanes, aquaplanes creating nuisance.

(a)

No person shall operate a vessel, water skis, seaplane, aquaplane or similar device in a manner so as to create a nuisance upon the waters of the county.

(b)

For purposes of this article, a rebuttable presumption of nuisance shall be established upon a finding that one or more of the following circumstances is caused by or occurring as a result of the operation of such vessel, water ski, seaplane, aquaplane or similar device on the waters of the county:

(1)

Noise levels, as measured at adjacent shorelines, which exceed the maximum dBAs for each district as more specifically set forth in chapter 66, article IV, division 2 of this Code;

(2)

Unreasonable interference with the rights of residents, riparian owners or the public in general for use of the water body for fishing, swimming, skiing and boating;

(3)

Erosion of the beach or shoreline caused by the activity;

(4)

Damage to a person or real property;

(5)

Physical danger to the users of the water body caused by negligent, reckless or careless operation of the vessel, water skis, seaplanes, aquaplanes or similar devices; or

(6)

Significant destruction, harm or deterioration of environmentally sensitive lands.

(c)

This section is enforceable through chapter 2, article V, division 4, pertaining to the county code enforcement board ordinance.

(Code 1970, § 2¾-19; Ord. No. 88-20, §§ 1—4, 7-19-88; Ord. No. 93-04, § 19(2¾-19), 1-26-93)

Sec. 114-47. - Airboats prohibited on certain lakes.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Airboat means any vehicle designed to operate upon the water and propelled by an aircraft-type propeller. This shall not include electrically powered engines.

Bell Lake means that lake lying in Land O'Lakes in the county lying partly in section 13, township 26 south, range 18 east, and partly in section 18, township 26 south, range 19 east.

Crews Lake, also known as Prairie Lake, means that lake lying partly in sections 10, 15, 16, 20, 21 and 29, township 24 south, range 18 east in the county.

Lake Thomas means those contiguous lands lying below the mean high-water lines of Lake Thomas, which lies within the southwest ¼ of section 1, and the southeast ¼ of section 2, and the northeast ¼ of section 11, and the northwest ¼ of section 12; all lying within township 26 south, range 18 east in the county.

Cherry Lake means that lake/pond/body of water lying in section 12, township 26 east, range 18 east and bordered by properties with the following parcel numbers:

1226180060000000040, 1226180060000000050, 1226180060000000060, 1226180060000000070, 1226180060000000080, 1226180060000000090, 1226180030000000070, 1226180030000000060, 1226180030000000050, 1226180030000000040, 1226180030000000030, 1226180030000000020, 1226180030000000010, 1226180030000000100, 1226180030000000110, 1226180020001000080, 1226180020001000070, 1226180000002000000.

(b)

Prohibited. The operation of airboats on Bell Lake, Lake Thomas, Crews Lake, and Cherry Lake located in the county is prohibited.

(Code 1970, § 16¾-3; Ord. No. 77-14, § 3, 4-19-77; Ord. No. 80-25, § I, 9-23-80; Ord. No. 82-14, §§ 1, 2, 5-18-82; Ord. No. 06-19, § 2, 7-25-06)

Sec. 114-48. - Improper mooring.

(a)

No person shall moor or fasten a vessel to a lawfully placed aid-for-navigation marker or buoy, regulatory marker or buoy or area boundary marker or buoy placed or erected by any governmental agency, except in an emergency, nor shall any such person moor or fasten a vessel to a private seawall or dock or beach the vessel upon private property within the county without the permission of the owner thereof, except in an emergency.

(b)

The county sheriff's department shall have authority to board any vessel moored in violation of subsection (a) of this section and move or cause it to be moved to another location and shall have the right to hold such vessel for the costs incurred in its removal or salvage.

(Code 1970, §§ 2¾-20, 2¾-21; Ord. No. 88-31, §§ 19, 20, 11-29-88)

Sec. 114-49. - Muffling and noise devices.

The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for vessels competing in a regatta or official boat race and for such vessels while on trial runs. No person shall use any siren or other noise producing or amplifying instrument in a vessel in such manner that the peace and good order of the citizens are disturbed; provided, however, that nothing in this section shall be construed to prohibit the use of whistles, bells or horns as signals as required by the United States Motorboat Act or other federal or state law for the safe navigation of vessels.

(Code 1970, § 2¾-22; Ord. No. 88-31, § 21, 11-29-88; Ord. No. 93-04, § 20(2¾-22), 1-26-93)

State law reference— Muffling devices, F.S. § 327.65.

Sec. 114-50. - Hours for running engines in residential districts.

No person shall run or operate any vessel engine in residentially zoned districts for the purpose of charging batteries, running auxiliary equipment or testing between the hours of 10:00 p.m. and 7:00 a.m.

(Code 1970, § 2¾-23; Ord. No. 88-31, § 22, 11-29-88; Ord. No. 93-04, § 21(2¾-23), 1-26-93)

Sec. 114-51. - Health and conduct rules.

Persons in charge of or occupying vessels docked at or moored to land, docks, piers or wharves abutting waterways shall observe all the health and sanitary rules of the county and all sections of this Code or other ordinances of the county relating to the conduct of persons and sections of this Code or other ordinances prohibiting acts contrary to the public health, morals, safety or public peace.

(Code 1970, § 2¾-24; Ord. No. 88-31, § 23, 11-29-88; Ord. No. 93-04, § 22(2¾-24), 1-26-93)

Sec. 114-52. - Cleanliness of docks.

Persons in charge of or occupying vessels shall at all times keep the docks, seawalls and premises adjacent to such vessel in a neat and orderly manner and free from trash and rubbish.

(Code 1970, § 2¾-25; Ord. No. 88-31, § 24, 11-29-88; Ord. No. 93-04, § 23(2¾-25), 1-26-93)

Sec. 114-53. - Launching and docking of vessels.

The launching and docking of vessels is permitted and regulated as follows:

(1)

After launching or loading of vessels from a ramp, the ramp shall be cleared immediately.

(2)

Docks adjacent to the ramp area may be used for short periods to load or unload persons and boating gear.

(3)

Docks shall not be used for long-term mooring.

(4)

Temporary mooring at docks shall not exceed 18 hours within any ten-day period without approval of the sheriff's office marine unit.

(Ord. No. 97-07, § 2, 5-28-97)

Sec. 114-54. - Seagrass protection zones.

(a)

The county hereby establishes seagrass protection zones (SPZs) in the marine waters of the county for the protection of the marine environment from damages and destruction caused by motorboats, both prop and jet driven. The operation of motorboats, or other prop or jet driven vessels, shall be prohibited in the waters on or within the following described areas:

(1)

Seagrass protection zone 1.

Legal description:

Submerged land situated in the Gulf of Mexico in Section 25, Township 24 South, Range 15 East and Section 30, Township 24 South, Range 16 East, Pasco County, Florida being further described as follows:

Commence at the Southeast corner of Section 28, Township 24 South, Range 16 East of said Pasco County, having a calculated northing 1,464,453.7854 (feet) and calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as adjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence North 89°53'28" West, a distance of 2,008.65 feet along the Southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of a 1,145.92 foot radius curve concave to the Northeast, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet with a chord bearing of North 71°47'48" West, to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, recorded in Plat Book 7, Pages 31 and 32 of the Public Records of Pasco County, Florida; thence North 51°26'26" West, a distance of 1,210.40 feet to a point of intersection with the Southeasterly projection of the centerline of the Hudson Channel Easement; thence North 60°55'28" West, a distance of 164.93 feet; thence North 67°53'23" West, a distance of 606.15 feet; thence South 62°29'48" West, a distance of 802.29 feet; thence North 87°34'01" West, a distance of 988.72 feet; thence North 89°40'26" West, a distance of 8,460.13 feet to the point of beginning; thence North 89°53'32" West, a distance of 1,854.64 feet; thence North 30°00'00" West, a distance of 1,011.47 feet; thence South 89°53'32" East, a distance of 2360.37 feet; thence South 00°00'00" East, a distance of 875.00 feet to the point of beginning.

Said property contains 42.33 acres, more or less.

(2)

Seagrass protection zone 2.

Legal description:

Commence at the Southeast corner of Section 28, Township 24 South, Range 16 East, Pasco County, Florida, having a calculated northing 1,464,453.7854 (feet) and calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as adjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence North 89°53'28" West, a distance of 2,008.65 feet along the Southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of a 1,145.92 foot radius curve concave to the Northeast, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet with a chord bearing of North 71°47'48" West, to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, recorded in Plat Book 7, Pages 31 and 32 of the Public Records of Pasco County, Florida; thence North 51°26'26" West, a distance of 1,210.40 feet to a point of intersection with the Southeasterly projection of the centerline of the Hudson Channel Easement; thence North 74°51'18" West, a distance of 164.93 feet; thence North 67°53'23" West, a distance of 594.68 feet; thence South 62°29'48" West, a distance of 799.23 feet; thence North 87°34'00" West, a distance of 986.99 feet; thence North 87°45'22" West, a distance of 250.39 feet; thence North 87°25'32" West, a distance of 1281.59 feet; thence South 89°50'29" West, a distance of 6933.62 feet to the point of beginning; thence South 00°00'00" East, a distance of 884.35 feet; thence North 87°45'15" West, a distance of 16.45 feet; thence North 89°53'32" West, a distance of 2,339.39 feet; thence North 30°00'00" East, a distance of 1,019.34 feet; thence South 89°53'32" East, a distance of 1,846.16 feet to the point of beginning.

Said property contains 42.62 acres, more or less.

(3)

Seagrass protection zone 3.

Legal description:

Submerged land situated in the Gulf of Mexico in Sections 29 and 32, Township 24 South, Range 16 East, Pasco County, Florida being further described as follows:

Commence at the Southeast corner of Section 28, Township 24 South, Range 16 East, of said Pasco County, having a calculated northing 1,464,453.7854 (feet) and calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as adjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence North 89°53'28" West, a distance of 2,008.65 feet along the Southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of a 1,145.92 foot radius curve concave to the Northeast, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet with a chord bearing of North 71°47'48" West, to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, recorded in Plat Book 7, Pages 31 and 32 of the Public Records of Pasco County, Florida; thence North 51°26'26" West, a distance of 1,210.40 feet to a point of intersection with the Southeasterly projection of the centerline of the Hudson Channel Easement; thence North 74°51'18" West, a distance of 164.93 feet; thence North 67°53'23" West, a distance of 594.68 feet; thence South 62°29'48" West, a distance of 799.23 feet; thence North 87°34'00" West, a distance of 986.99 feet; thence North 87°45'22" West, a distance of 250.39 feet to the point of beginning; thence South 00°00'00" East, a distance of 2,118.03 feet; thence North 90°00'00" West, a distance of 1277.26 feet; thence North 00°04'48" West, a distance of 2,175.60 feet; thence South 87°25'32" East, a distance of 1,281.59 feet to the point of beginning.

Said property contains 63.02 acres, more or less.

(4)

Seagrass protection zone 4A.

Legal description:

Submerged land situated in the Gulf of Mexico in Section 29, Township 24 South, Range 16 East, Pasco County, Florida being further described as follows:

COMMENCE at the Southeast corner of said Section 28, having a calculated northing 1,464,453.7854 (feet) and calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as adjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence North 89°53'28" West, a distance of 2,008.65 feet along the Southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of a 1,145.92 foot radius curve concave to the Northeast, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet with a chord bearing of North 71°47'48" West, to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, recorded in Plat Book 7, Pages 31 and 32 of the Public Records of Pasco County, Florida; thence North 51°26'26" West, a distance of 1210.40 feet to a point of intersection with the Southeasterly projection of the centerline of the Hudson Channel Easement; thence North 60°41'24" West, a distance of 159.59 feet; thence North 67°53'23" West, a distance of 615.04 feet; thence South 62°29'48" West, a distance of 805.37 feet; thence North 87°32'46" West, a distance of 982.75 feet; thence North 00°00'00" East, a distance of 150.11 feet to the POINT OF BEGINNING; thence North 87°45'23" West, a distance of 150.12 feet; thence North 00°00'00" East, a distance of 938.74 feet; thence North 90°00'00" East, a distance of 150.00 feet; thence South 00°00'00" East, a distance of 944.62 feet to the POINT OF BEGINNING.

Said property contains 3.243 acres, more or less.

Seagrass protection zone 4B.

Legal description:

Submerged land situated in the Gulf of Mexico in Sections 28 and 29, Township 24 South, Range 16 East, Pasco County, Florida being further described as follows:

COMMENCE at the Southeast corner of said Section 28, having a calculated northing 1,464,453.7854 (feet) and calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as adjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence North 89°53'28" West, a distance of 2,008.65 feet along the Southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of a 1,145.92 foot radius curve concave to the Northeast, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet with a chord bearing of North 71°47'48" West, to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, recorded in Plat Book 7, Pages 31 and 32 of the Public Records of Pasco County, Florida; thence North 51°26'26" West, a distance of 1210.40 feet to a point of intersection with the Southeasterly projection of the centerline of the Hudson Channel Easement; thence North 60°41'24" West, a distance of 159.59 feet; thence North 67°53'23" West, a distance of 615.04 feet; thence South 62°29'48" West, a distance of 74.35 Feet to the POINT OF BEGINNING; thence continue South 62°29'48" West, a distance of 731.02 feet; thence North 87°32'46" West, a distance of 982.75 feet; thence North 00°00'00" East, a distance of 1,094.73 feet; thence North 90°00'00" East, a distance of 2,208.60 feet; thence South 35°53'28" West, a distance of 986.53 feet to the POINT OF BEGINNING.

Said property contains 44.864 acres, more or less.

Seagrass protection zone 4C.

Legal description:

Submerged land situated in the Gulf of Mexico in Section 28, Township 24 South, Range 16 East, Pasco County, Florida being further described as follows:

Commence at the Southeast corner of said Section 28, having a calculated northing 1,464,453.7854 (feet) and calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as readjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence N89°53'28"W, a distance of 2,008.65 feet along the southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of 1,145.92 square foot radius curve concave to the right, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet having a bearing of N71°47'48"W to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, as recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, as recorded in Plat Book 7, Pages 31-32 of the Public Records of Pasco County, Florida; thence N51°26'26"W, a distance of 1,210.40 feet; thence N08°06'01"W, a distance of 447.70 feet to the Point of Beginning; thence N71°12'24"W, a distance of 343.39 feet; thence N35°53'28"E, a distance of 424.76 feet; thence S09°29'49"E, a distance of 461.06 feet to the Point of Beginning.

The above-described parcel contains 1.6002 acres, more or less.

(5)

Seagrass protection zone 5.

Legal description:

Submerged land situated in the Gulf of Mexico in Section 28 and 29, Township 24 South, Range 16 East, Pasco County, Florida being further described as follows:

COMMENCE at the Southeast corner of said Section 28, having a calculated northing 1,464,453.7854 (feet) and calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as adjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence North 89°53'28" West, a distance of 2,008.65 feet along the Southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of a 1,145.92 foot radius curve concave to the Northeast, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet with a chord bearing of North 71°47'48" West, to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, recorded in Plat Book 7, Pages 31 and 32 of the Public Records of Pasco County, Florida; thence North 51°26'26" West, a distance of 1,210.40 feet to a point of intersection with the Southeasterly projection of the centerline of the Hudson Channel Easement; thence North 74°51'18" West, a distance of 164.93 feet to the POINT OF BEGINNING; thence South 62°56'00" West, a distance of 84.09 feet; thence South 10°59'13" West, a distance of 106.94 feet; thence South 07°18'12" West, a distance of 285.94 feet; thence South 39°00'45" West, a distance of 401.14 feet; thence South 89°55'12" West, a distance of 1,861.84 feet; thence North 00°00'00" East, a distance of 637.80 feet; thence South 87°34'00" East, a distance of 986.99 feet; thence North 62°29'48" East, a distance of 799.23 feet; thence South 67°53'23" East, a distance of 594.68 feet to the POINT OF BEGINNING.

Said property contains 34.56 acres, more or less.

Seagrass protection zone 5A.

Legal description:

Submerged land situated in the Gulf of Mexico in Section 28, Township 24 South, Range 16, East, Pasco County, Florida being further described as follows:

Commence at the Southeast corner of said Section 28, having a calculated northing 1,464,453.7854 (feet) an calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as readjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence N89°53'28"W, a distance of 2,008.65 feet along the southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of 1,145.92 foot radius curve concave to the right, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet having a bearing of N71°47'48"W to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, as recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, as recorded in Plat Book 7, Pages 31-32 of the Public Records of Pasco County, Florida; thence N51°26'26"W, a distance of 1,210.40 feet; thence N74°51'18"W, a distance of 164.94 feet; thence S62°56'00"W, a distance of 84.09 feet; thence S10°59'13"W, a distance of 106.94 feet; thence S07°18'12"W, a distance of 285.94 feet; thence S39°00'45"W, a distance of 401.13 feet to the Point of Beginning; thence continue S39°00'45"W, a distance of 263.76 feet; thence S89°55'12"W, a distance of 1,148.13 feet; thence N06°28'56"W, a distance of 206.00 feet; thence N89°55'12"E, a distance of 1,337.42 feet to the Point of Beginning.

The above-described parcel contains 5.8404 acres, more or less.

(6)

Seagrass protection zone 6 (south corridor).

Legal description:

Submerged land situated in the Gulf of Mexico in Sections 29 and 30, Township 24 South, Range 16 East, Pasco County, Florida being further described as follows:

Commence at the Southeast corner of Section 28, Township 24 South, Range 16 East, Pasco County, Florida, having a calculated northing 1,464,453.7854 (feet) and calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as adjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence North 89°53'28" West, a distance of 2,008.65 feet along the Southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of a 1,145.92 foot radius curve concave to the Northeast, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet with a chord bearing of North 71°47'48" West, to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, recorded in Plat Book 7, Pages 31 and 32 of the Public Records of Pasco County, Florida; thence North 51°26'26" West, a distance of 1210.40 feet to a point of intersection with the Southeasterly projection of the centerline of the Hudson Channel Easement; thence North 74°51'18" West, a distance of 164.93 feet; thence North 67°53'23" West, a distance of 594.68 feet; thence South 62°29'48" West, a distance of 799.23 feet; thence North 87°34'00" West, a distance of 986.99 feet; thence North 87°45'22" West, a distance of 250.39 feet; thence North 87°25'32" West, a distance of 1281.59 feet to the point of beginning; thence South 00°04'48" East, a distance of 150.01 feet; thence North 89°36'52" West, a distance of 1397.30 feet; thence North 89°55'19" West, a distance of 1,002.72 feet; thence South 82°46'16" West, a distance of 422.64 feet; thence South 87°49'38" West, a distance of 1,734.32 feet; thence North 88°00'34" West, a distance of 937.51 feet; thence North 87°46'04" West, a distance of 1445.63 feet; thence North 00°00'00" West, a distance of 150.11 feet; thence South 87°46'04" East, a distance of 1,451.16 feet; thence South 88°00'34" East, a distance of 931.74 feet; thence North 87°49'38" East, a distance of 1,722.24 feet; thence North 82°46'16" East, a distance of 425.60 feet; thence South 89°55'19" East, a distance of 1,012.70 feet; thence South 89°36'52" East, a distance of 1,396.48 feet to the point of beginning.

Said property contains 23.90 acres, more or less.

(7)

Seagrass protection zone 7 (north corridor).

Legal description:

Submerged land situated in the Gulf of Mexico in Sections 29 and 30, Township 24 South, Range 16 East, Pasco County, Florida being further described as follows:

COMMENCE at the Southeast corner of Section 28, Township 24 South, Range 16 East, Pasco County, Florida having a calculated northing 1,464,453.7854 (feet) and calculated easting 431,344.7717 (feet) relative to the North American Datum of 1983, as adjusted in 1990 Florida West 902 State Plane Coordinate System Grid; thence North 89°53'28" West, a distance of 2,008.65 feet along the Southerly line of said Section 28 to a point of curvature; thence 723.78 feet along the arc of a 1,145.92 foot radius curve concave to the Northeast, having a delta of 36°11'20", a tangent of 374.42 feet, and a chord of 711.81 feet with a chord bearing of North 71°47'48" West, to a point of tangency with Clark Street as shown on plat of Hudson Beach Estates No. 2, recorded in Plat Book 6, Page 13, and plat of Hudson Beach Estates No. 4, recorded in Plat Book 7, Pages 31 and 32 of the Public Records of Pasco County, Florida; thence North 51°26'26" West, a distance of 1,210.40 feet to a point of intersection with the Southeasterly projection of the centerline of the Hudson Channel Easement; thence North 60°55'28" West, a distance of 164.93 feet; thence North 67°53'23" West, a distance of 606.15 feet; thence South 62°29'48" West, a distance of 802.29 feet; thence North 87°34'01" West, a distance of 988.72 feet to the POINT OF BEGINNING; thence North 87°45'23" West, a distance of 636.56 feet; thence North 87°17'03" West, a distance of 901.83 feet; thence North 89°37'33" West, a distance of 1,390.04 feet; thence North 89°56'25" West, a distance of 1,017.79 feet; thence South 82°44'59" West, a distance of 422.06 feet; thence South 87°49'26" West, a distance of 1,719.34 feet; thence North 88°00'34" West, a distance of 931.56 feet; thence North 87°45'47" West, a distance of 1,448.64 feet; thence North 00°00'00" East, a distance of 150.11 feet; thence South 87°45'47" East, a distance of 1,454.17 feet; thence South 88°00'34" East, a distance of 925.78 feet; thence North 87°49'26" East, a distance of 1,707.23 feet; thence North 82°44'59" East, a distance of 425.00 feet; thence South 89°56'25" East, a distance of 1,027.78 feet; thence South 89°37'33" East, a distance of 1,393.51 feet; thence South 87°17'03" East, a distance of 904.28 feet; thence South 87°45'23" East, a distance of 630.06 feet; thence South 00°00'00" East, a distance of 150.12 feet to the POINT OF BEGINNING.

Said property contains 29.16 acres, more or less.

(b)

The county administrator shall establish an education program to provide for the distribution of information to citizens, and in particular the boating public. The program shall emphasize the value of the natural resources, the restrictions of use within the SPZ's, and the operation of vessels in a lawful manner to provide for protection of aquatic habitats and wildlife.

(c)

The SPZs shall be posted or marked by the county in accordance with state and federal law and regulations.

(Ord. No. 03-25, § 2, 11-4-03; Ord. No. 06-05, § 2, 2-28-06; Ord. No. 09-13, § 2, 6-23-09)

ARTICLE II. - BOATING AND WATER SAFETY [88]

ARTICLE II. - BOATING AND WATER SAFETY ^[88]