HomeMy WebLinkAboutO-1988-076 j
ORDINANCE NO. 76-88
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING SECTION 33-40 OF THE CODE OF
I ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO
PROVIDE FOR REGULATION OF WATERWAYS AND THE
CONSTRUCTION OF BOAT SLIPS, DOCKS, AND OTHER
RELATED FACILITIES ON WATERWAYS ; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENALTIES FOR
VIOLATIONS; PROVIDING FOR CODIFICATION ;
PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
j SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE
DATE.
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
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OF DANIA, FLORIDA:
Section 1. That Section 33-40 (1 ) ( 2 ) of the Code
of Ordinances of the City of Dania , Florida , be and the
same is hereby amended to read as follows :
"Sec. 33-40. Regulation and use of waterways and
- facilities related thereto.
(1 ) Authority of city to regulate waterways.
The city shall have the right to regulate
the use of all waterways within the city
limits and the conduct of all persons using
same, consistent with and not in conflict with
federal or state regulations . All ordinances
of the city regulating the conduct of persons
on land , shall apply to persons using
waterways, insofar as same are properly
applicable.
(2) Compliance with article.
For the protection of property owners ,
the general public, and owners and operators
of watercraft in the city, all watercraft of
any type whatsoever, operated on or moored ,
docked or anchored at any place in the canals ,
rivers, bays or waters within the corporate
limits of the city and the owners , operators ,
or occupants thereof, shall be governed by and
observe the provisions of this article .
(3) Responsibility for violations.
The owner and/or operator of a boat is
responsible for all Violations committed with
the same . In the event that the operator
cannot be determined or no one will admit to
being the operator, the boat will be impounded
immediately at the nearest licensed marine
facility until such determination has been
made.
76-88
Ordinance No .
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I (4) Boats to observe health and sanitation
rules of city; disorderly conduct, etc.
on boats.
All boats or vessels docked , moored or
tied to land, docks, piers or wharves,
abutting the public waterways in the city
shall observe all the health and sanitary
regulations of the city, and all ordinances of
the city relating to the conduct of persons
and prohibiting acts contrary to public
health, morals, safety or public peace,
including ordinances prohibiting disorderly
conduct and loud and boisterous noises which
disturb the peace of the neighborhood .
(5) Habitation on vessels prohibited.
Boats docked in residential areas cannot
be used for habitation. As used herein
! habitation means overnight occupation by one
( 1 ) or more persons while the vessel is
moored , docked or anchored in any public
waterway lying within the city.
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(6) Double berthing.
Double berthing of vessels in residential
areas of the city is prohibited .
(7) Garbage disposal.
It shall be unlawful for any person to
dump or throw, or cause to be dumped or
thrown, garbage , papers, bottles , cans,
refuse, petroleum products , or other debris
into the waterways. All watercraft moored or
docked in the waterways within the city
limits, shall provide garbage cans of
sufficient capacity (not larger than thirty
gallons with tightfitting tops ) to hold
garbage or refuse to be collected by the
sanitation division.
,.., (8) Recognition of U.S. Coast Guard and U.S.
Army Corps of Engineers rules and
regulations.
All operators of watercraft are hereby
charged with knowledge of and compliance with
all established rules and regulations of the
U.S. Coast Guard and U.S. Army Corps of
Engineers governing boats, docks and
waterways, all of which are incorporated
herein and made a part hereof by reference.
(9) Compliance with State of Florida Rules
and Regulations governing the licensing,
operation and title certificates of
boats.
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All operators of watercraft are hereby
charged wth knowledge of and compliance with
all established rules and regulations of the
State of Florida governing the licensing ,
operation and title certificates of boats as
set forth in Chapter 371 , Florida Statutes .
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(10) Unsightly or badly deteriorated boats
prohibited.
No boat or watercraft of any kind which
is found to be of unsightly appearance or in
badly deteriorated condition or which is
likely to cause damage to private or public
i property or which may be a menace to
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navigation, shall be permitted to moor or tie
up in any waterways within the city except
that boats or watercraft of unsightly
` appearance or in badly deteriorated condition
may moor at licensed marine facilities for the
purpose of repair.
1 It shall further be unlawful for any
f person to abandon any boat or watercraft in
the public waterways within the corporate city
limits of the city or to moor the same in a
manner as to cause such watercraft to be or
become a menace to navigation.
In the event any boat or watercraft shall
be declared in violation of this section so as
I to be a menace to navigation, the city shall
have the immediate right to have the vessel
removed and impounded at the nearest licensed
i marine facility. All costs for towing and
storage will be assessed to the owner on the
city-approved rate scale. If the boat is
unclaimed after ninety ( 90 ) days, it will be
sold with the proceeds paying for charges
incurred and the remainder going to the city.
Failure to act on the part of the owner waives
all liability of the city from damage
resulting from towing and storage .
In the event any boat or watercraft shall
be declared in violation of any other
provision of this section, the building
official or a code enforcement officer shall
notify the owner or authorized person in
k writing and shall also post a notice upon the
boat and give him a thirty ( 30 ) day period to
correct the violation. If the violation is
not corrected within thirty ( 30 ) days , the
city shall have the right to have the vessel
removed and impounded at the nearest licensed
marine facility. All costs for towing and
storage will be assessed to the owner on the
city-approved rate scale. If the boat is
unclaimed after ninety ( 90 ) days, it will be
sold with the proceeds paying for charges
incurred and the remainder going to the city.
Failure to act on the part of the owner waives
all liability of the city from damage
resulting from towing and storage .
(11) No advertising signs at docks.
No advertising signs of any kind shall be
permitted on boats docked within residential
areas of the city, except one " for sale" sign
or one "dock for rent" sign not over 18" by
36" in size .
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(12) Construction of boat slips and docks on
waterways; limitations.
(a) Boat slips and docks may be
constructed by the owner of any lot where
building exists on such lot, but such
construction shall be in conformity with
ordinances of the city. Such docks shall not
extend into the waterway more than five (5)
feet beyond the property line, unless the
waterway exceeds fifty (50) feet in width; but
in no case shall a dock or slip extend more
than ten percent (10%) the width of the
waterway, or a maximum of twenty (20 ) feet,
whichever is smaller, measured from the
j property line, nor shall the deck exceed three
(3 ) feet above mean high tide level , except
when the adjacent property is higher than
three (3 ) feet above mean high tide level the
deck may be of the same elevation as the
average ground level abutting the seawall .
Only materials and preservatives approved by
the Florida Department of Environmental
Regulation (D.E.R. ) and the Broward County
Environmental Quality Control Board
(B.C.E.Q.C.B. ) can be used in submersion
applications .
(b) Mooring or dolphin piles will not be
permitted to extend more than thirty percent
(30%) of the width of the waterway, or
twenty-five (25 ) feet, whichever is smaller,
"• # beyond the property line . Only materials and
preservatives approved by the Florida
Department of Environmental Regulation
(D.E.R. ) and the Broward County Environmental
Quality Control Board (B.C. E.Q.C.B. ) can be
used in submersion applications .
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(c) The city commission may waive the
limitations of paragraph (a) and (b) under
extraordinary circumstances, provided permits
from all governmental agencies , as required,
are obtained after approval of the city
commission, after a public hearing and
notification to property owners within three
hundred (300 ) feet .
(d ) No boat house, permanent covering,
or temporary covering for a boat shall be
permitted within the setback area required for
the zoning district in which such shelter is
to be located nor shall any boat house,
permanent covering or temporary covering for a
boat, or any other structure not otherwise
specifically permitted, be permitted within or
over any public waterway.
(e) No watercraft shall be docked or
anchored adjacent to residential. property in
such a position that it extends beyond the
side property lines of the property or is of
such length that when docked or anchored
adjacent to such property it extends beyond
such side property lines .
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(13) Docks and mooring structures.
(a ) Prior to the commencement of any
$ construction activities, a permit for the
{ erection of docks , slips, boat davits , hoists ,
mooring piles or similar boat mooring
structures shall be obtained from the building
department , and if constructed on or in
navigable waters, the approval of all
governmental authorities regulating the
erection of such mooring structure must be
secured. Further , before a permit is issued
to any person to construct such mooring
structure , the person shall certify that he
either owns the land abutting the water upon
which the mooring structure will be
j constructed or produce written consent of the
owner or owners, be it a private person or a
governmental agency, to construct such mooring
structure in the particular waterway.
(b) Inspection of all mooring
structures, private, municipal and commercial ,
under the jurisdiction of the city, is the
responsibility of the building official . In
the event any mooring structure shall be found
in an unsafe or unsatisfactory condition, the
owner shall be notified in writing that he has
a period of thirty (30 ) days to correct the
condition .
(c) No extension of a boat-lifting
device capable of being submerged shall extend y . r
more than ten ( 10 ) percent of the width of the
waterway unless a variance is first granted
for same by the city commission and a
guidepole is attached to the end of such
device which extends over the waterway. The
guidepole shall be a pole no less than one and
one-half (1 1/2 ) inches in diameter and
permanently attached to such device . The
guidepole shall be vertical and extend at
least six (6 ) feet above the surface of the
water at all times and shall display a
reflective color over the exposed surface .
(d ) Boats , vessels or watercraft moored
to mooring structures shall not extend to more
than thirty percent (30%) of the width of the
canal or waterway measuring from the recorded
property line.
(e) No vessel or watercraft of any kind
whatsoever shall moor to or tie up to a
seawall or mooring structure or be beached
upon property within the city limits without
the permission of the owner thereof ; provided ,
however, that nothing herein provided shall be
construed to prohibit vessels or persons in
distress from mooring to or tying up or
beaching on private property to protect life ,
limb or property .
(14 ) Excessive operating noise.
No operator shall cause excessive noise
in the operation of his boat or in operating
blowers or noisy machinery.
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(15) Use of vacant lots adjacent to docking
for cooking, washings, etc.
Where watercraft are docked or anchored
adjacent to a vacant lot, such lot may not be
used for cooking of meals, washing of clothes
or persons , bathing, shower bathings, hanging
out washing , erection of tents or canvasses,
stringing of lights , or for any use not
permitted by the zoning or building
regulations pertaining to such lot .
(16) Repairing, remodeling, etc. , boats;
cleanliness of premises.
Repair and/or maintenance of watercraft
in residential areas shall be permitted when
such repair or maintenance is routine or minor
in nature and does not involve major exterior
alteration, rebuilding, complete refinishing ,
and/or removal of machinery, or the use of
power tools (other than small hand-held power
tools such as screw drivers or drills) and
equipment (such as auxiliary power units or
diesel generators ) in such repair or
maintenance .
(17) Using boats as places of business.
(a ) No vessel or watercraft of any kind
whatsoever, moored , docked, or upon any of the
publicly-dedicated waterways in the city shall
be used as a place from which any business or
professional services of any type whatsoever
are conducted , unless approved by the city
commission.
(18) Hanging wearing apparel on outside of
boats.
No washed clothes or other wearing
apparel shall be hung on the outside of any
boat docked, moored or cruising within the
corporate limits of the city.
(19) Enforcements; arrests.
The building official of the city is
hereby given the power and duty of enforcing
the provisions of this chapter and of making
all reasonable rules and regulations to carry
the provisions thereto into effect , said rules
and regulations pomulgated to be approved by
resolution of the city commission ; and he , as
well as each law enforcement officer, shall
have the power to make lawful arrests for the
violation of the provisions thereof , and to
prosecute offenders in the appropriate court .
In case a violation is not committed in his
presence or cannot be detected by his
observation, he may require affidavit of any
complaining person with assurance that such
complaining witness will appear to testify at
the trial , before proceeding with the
prosecution. The provision of this section
may also be enforced by any member of the law
enforcement or code enforcement departments of
the city or upon the affidavit of any offended
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I (20) Regulation of vessels anchored in public
waterways.
(a) It is unlawful to anchor or moor in
the public waterways of the city in excess of
twenty-four (24 ) consecutive hours, except in
an emergency situation.
(b) In the event of an emergency
situation, the owner or occupant of the vessel
shall immediately contact the appropriate
authorities and inform them of the nature of
the emergency and the amount of time required
to remedy the emergency situation. Upon
abatement of the emergency, the vessel may
anchor or moor under permit in a designated
area.
(21) Leaving boats on public beaches.
It shall be unlawful for any person to
leave any boat or watercraft overnight on the
public beaches within the corporate limits of
the city.
In the event any boat or watercraft is found
in violation of this section, the city shall have
the immediate right to have the vessel removed and
impounded at the nearest licensed marine facility .
All costs for towing and storage will be assessed
to the owner at the city-approved rate scale. If
the boat is unclaimed after ninety (90 ) days, it
will be sold with the proceeds paying for charges
incurred and the remainder going to the city.
Failure to act on the part of the owner waives all
liability of the city for any damage resulting from
such towing and storage.
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(22) Obedience to lawful orders; resisting arrest.
It shall be unlawful for any person to resist
arrest , by, or to wilfully fail or refuse to comply
with any lawful order of the building official , any
law enforcement or code enfocement officer, or
other city official as may hereinafter be
designated.
(23) Penalties.
Any person or persons, owner or owners agent ,
or member or employee of any firm, company or
corporation who shall violate or permit to be
violated, or cause to be violated , any provision of
this chapter shall , upon conviction, be punished as
provided in sections 1 - 8 of this code. "
Section 2 . That except as herein amended , all
other provisions of Section 33-40 shall remain in full
force and effect .
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Section 3 . It is the intention of the Dania City
Commissioners that the provisions of this ordinance
shall become and be made a part of the City of Dania
Code ; and that the sections of this ordinance may be
renumbered or relettered and the word "ordinance may be
changed to "section, " "article, " or such other
appropriate word or phrase in order to accomplish such
intentions.
Section 4 . If any section, sentence , clause or
phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction ,
then said holding shall in no way affect the validity of
the remaining portions of this ordinance .
Section 5 . That all ordinances or parts of
ordinances and all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed
A to the extent of such conflict .
Section 6 . That this ordinance shall be in force
and take effect immediately upon its final passage and
adoption.
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PASSED and ADOPTED on First Reading on the 8th day
Of November 1988.
PASSSED and ADOPTED on Second and Final Reading on
the 28thday of November 1988.
MAYOR COMMISSI2r
ATTEST:
' CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By :!a4,Mz e.
FRANK C. ADLER, City Attorney
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ORDINANCE NO. 76-88
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matter at the post office In Hollywood in said County. Florida,for a period of one year next IM waIc dvino norm.
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preceding the first publication of the attached copy of advertisement: and afflanl further I^I•f.u.d o.rn.a m.r ea
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