HomeMy WebLinkAboutDocumentation_Regular_Tab 23_05/12/2011 ; �. '• VILLAGE OF TEQUESTA
�;�;a AGENDA ITEM TRANSMITTAL FORM
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1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: 10-11
5/12/11
Consent Agenda: No Resolution # �a �^ ��n� t� ��°���:�9 �p: .�
Originating Department: Attorney / Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Ordinance 10-11, First Readinq, Amending the Village Code of Ordinances at Chapter 76.
Waterway Control. By Amending Section 76-5 to Clarify that Mooring Regulations Apply to Live
Aboard Vessels Only; and by Amending Section 76-20 to Reference State Law Regarding the
Imposition of Penalties for Violations of the Tequesta Drive Bridge Boating Restricted Area
3. BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: Amount Remaining after item:
N/A N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Ordinance 10-11, First Readinq, Amending the Village Code of Ordinances at Chapter 76.
Waterway Control. By Amending Section 76-5 to Clarify that Mooring Regulations Apply to Live
Aboard Vessels Only; and by Amending Section 76-20 to Reference State Law Regarding the
Imposition of Penalties for Violations of the Tequesta Drive Bridge Boating Restricted Area
5. APPROVALS:
Dept. Head: S�' ���5� Finance Director: ❑ Reviewed for Financial
(�, b�,l�q�.� b U�1.Q�.G ufFiciency
1 I�o Financial Impact
Attorney: (for legal sufficiency) SulOm''� �`� �''e�c� Yes [� No ❑
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION: �
• APPROVE ITEM: ❑
• DENY ITEM: �
Form amended 08/26/08
ORDINANCE NO. 10-11
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 76. WATERWAY CONTROL. BY
AMENDING SECTION 76-5 TO CLARIFY THAT MOORING
REGULATIONS APPLY TO LIVE ABOARD VESSELS ONLY; AND BY
AMENDING SECTION 76-20 TO REFERENCE STATE LAW
REGARDING THE IMPOSITION OF PENALTIES FOR VIOLATIONS OF
THE TEQUESTA DRIVE BRIDGE BOATING RESTRICTED AREA;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 76. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to update its
Waterway Control ordinance in conformance with state law; and
WHEREAS, the Village Council believes that these revisions to the Village's
Code of Ordinances are in the best interests of the Village of Tequesta, and will
promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 76 of the Code of Ordinances of the Village of Tequesta is
hereby amended at Sec. 76-5 by clarifying that the stated mooring regulations apply
only to live aboard vessels and by providing a definition for the term "live aboard
vessels"; providing that Sec. 76-5 shall hereafter read as follows:
Sec. 76-5. Anchoring or mooring of vessels.
(a) No person shall anchor, moor or park or cause, permit or allow any other person
under his control or command to anchor, moor or park any live aboard vessel e�
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, within the R-1 and R-1A single-family dwelling districts, for a
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period of time in excess of 72 continuous hours during any consecutive 30-day period,
unless such vessel or watercraft is located at an approved moorina area or dock and
with the consent of the owner of such approved moorina area or dock.
(b) The anchoring, mooring or parking of live aboard vessels or watercraft in all
districts shall be at an approved moorina area. dock, pier or seawall and attached or
secured by approved methods and/or devices.
cl For the purpose of this section. "live aboard vessel" shall mean:
(1) Anv vessel beina used as a livina unit for use on water and/or fitted for use as a
dwellina and/or with sleeaina accommodations:
(2) Anv vessel reqresented as a place of business, or qrofessional or other commercial
enterprise. and providina or servina on a lona-term basis the essential services of
functions tvaicallv associated with a structure or other improvement to real propertv.
and. if used as a means of transqortation. such use is clearlv a secondarv or subsidiarv
use; or
(3) Anv vessel used bv anv club or anv other association of whatever nature when
clearlv demonstrated to serve a purpose other than a means of transportation.
(b) Commercial fishina vessels are exqresslv excluded from the term "live-aboard
vessel."
Section 2: Chapter 76 of the Code of Ordinances of the Village of Tequesta is
hereby amended at Sec. 76-20 by amending the penalty provision of this section to
reference state law; providing that Sec. 76-20 shall hereafter read as follows:
Sec. 76.20 Tequesta Drive Bridge / North Loxahatchee River boating restricted
area.
(a) [This subsection shall remain in full force and effect as previously enacted.]
(b) Violations of this section shall be enforced by Uniform Boatina �G Citation and
shall be punishable in accordance with Chapter 327, Florida Statutes h., ° f;^° ^f
$-a-A8-A8.
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Section 3: Each and every other section and subsection of Chapter 76.
Waterway Control. of the code of ordinances of the Village of Tequesta shall remain in
full force and effect as previously enacted.
Section 4: All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
Section 5: Should any Section or provision of this Ordinance or any portion
thereof, any paragraph, sentence or word be declared by a Court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder of
this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall become effective immediately upon adoption.
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