HomeMy WebLinkAboutO-2021-029 Amending Ch. 6, Sec. 6-42 Regulation of City Waterways at Subsection 6-42(s), Correcting Reference to Florida StatutesORDINANCE NO. 2021-029
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 6, OF THE CITY CODE OF
ORDINANCES, WHICH CHAPTER IS ENTITLED "BEACHES, PARKS,
WATERWAYS AND RECREATION" AT ARTICLE IV, ENTITLED
"REGULATION OF MARINE VEHICLES IN CITY WATERWAYS" BY
AMENDING SECTION 6-42(s) ENTITLED "REGULATION OF CITY
WATERWAYS" TO CHANGE THE REFERENCE TO FLORIDA STATUTES
CHAPTER 371 TO FLORIDA STATUTES 328; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach adopted Chapter 6, entitled "Beaches, Parks,
Waterways, and Recreation;" and
WHEREAS, the City created Article IV, entitled "Regulation of Marine Vehicles in City
Waterways;" and
WHEREAS, the City, at Section 6-42, provides for regulations for the City's waterways,
and the conduct of all persons using them, 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 they are applicable; and
WHEREAS, at subsection 6-42(s), the City Code provides that "[c]ompliance with state
rules and regulations governing the licensing, operation and title certificates of boats; and
WHEREAS, the provision thereafter refers to Florida Statutes Chapter 371, relating to
"established rules and regulations of the state governing the licensing, operation and title
certificates of boats;" and
WHEREAS, Chapter 371 is a reserved chapter of the Florida Statutes, and the correct
chapter of the Florida Statutes to cite is Chapter 328, entitled " Vessels: Title Certificates; Liens;
Registration;"
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Article IV, entitled "Regulation of City Waterways" of Chapter 6,
entitled "Beaches, Parks, Waterways and Recreation", Section 6-42, "Regulation of city
waterways" of the City Code of Ordinances, is amended to read as follows:
CHAPTER 6
BEACHES, PARKS, WATERWAYS, AND RECREATION
ARTICLE IV — MARINE VEHICLES IN CITY WATERWAYS
MMMV1
Sec. 6-42. Regulation of city waterwaVs.
(s) Compliance with State of Florida Rules and Regulations governing the
licensing, operation and title certificates of boats. All operators of watercraft are
hereby charged with 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 34 328, Florida Statutes.
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on November 9, 202 1.
PASSED AND ADOPTED on second reading on December 14,2021.
ATTEST:
THOMAS SCHNEIDER, CMC AMARA
CITY CLERK MAYOR
APPROVED AS T AND
10�'7'
THOMAS J.JAN$��O
CITY ATTORNEY
2 ORDINANCE #2021-029