The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 09_06/09/2011 ��- vI��AGE � Redistributed from May Meeting ,-� ,_� ;. .��J AGENDA ITEM 1 fi � ;�� 1. VILLAGE COUNCIL MEETING: Meeting Date: , Meeting Type: Regular Ordinance #: 10-11 � 5/12/11 � Consent Agenda: No Resolution #: - Originating Department: Attorney / Police 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) ; Ordinance 10-11, First Readinq, Amending the Vilfage 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 Teque Drive Bridge Boating Restricted Area 3. BUDGET 1 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: (Tnis 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: t au�'� � f ��"� { Finance Director: ❑ Reviewed for Financial �. h�,Inpl� 6 1,�114� �, ; =fiu�ciency No Financial Impact Attorney: (for legal sufficiency) � ��'"�'� �''� �'�:?°� � Yes [�` No ❑ Village Manager: • SUBMIT FOR CC?UNCIL DISCUSSION: � • APPROVE ITEM: ❑ • DENY ITEM: � Form amended 08/26/08 QRDINANCE NO. 10-11 AN ORDINANCE OF THE VILLAGE CC}UNCIt QF THE V1LL.AGE OF TEQUESTA, FLORIDA, AMEN�ING THE ViLLAGE COQE OF ORDtNANCES AT CHAPTER 76. WATERWAY CONTROL. BY AMENDING SECTION 76-5 TO CG4RIFY THAT 11�40RING REGULATIONS APPLY T� LIVE ABOARD VESSELS ONLY; AND BY AMENDING SEGTION 76-20 Tfl REFEREMCE STATE LAW REGARDING THE IMPOSITIUN OF PENALTIES FOR VIt�LATlOP1S OF THE TEQUESTA DRIVE BRlDGE B4ATlNG RESTRICTED AREA; PROV{DING THAT EACH AND EVERY 4THER SECTION AND SUBSECTf�N OF CHQPTER 76. SHALt REAAAAtN IN FULL FORCE AND EFFECT AS PREV(DUSLY ENACTED; PROVID{NG A CONFLlCTS CLAUSE, A SEVERABILITY CLAUSE AND QUTHORITY T4 CODIFY; PROVtDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, tfie Viilage Council of the Village of Teques#a desires to upda#e its Waterway Control ordinance in canformance with state law; and WHEREAS, the Village Couneil believes that these revisions to the Vitiage's Code of �rdinances are in the best interests of the Village of Tequesta, and wii! promote the public health, safety and welfare. NOW, THEREFORE, BE 1T C�RDAINED BY THE VfLLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEAC!-! COUNTY, FtORiDA, AS fOLL4VUS: Sectior� 'i: Chapter 78 of the Code of 4rdinances of the Vilfage of Tequesta is hereby amended at 5ec. 76-5 by clarifying that the stated mooring regulatians apply only to live aboard vesseis 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 shafl anchor, mQOr or park ar cause, permit or allow any oth�r person under his control or command to anehor, m�or or park any live aboard vessel ef , within the R-1 and R-1A single-family dwelling districts, for a 1 periad of t�me in excess of 72 continuous hours during any consecutive 30-day period, unless such vessel or watercraft is iacated at an approved maoring are� or dock and w�th the consent of the owner of such approved mo�rina area Qr dock. (b) The anchoring, mooring ar parking of live aboard vessels or watercraft in aii distric#s shall be at an approved moorina area. dock, pier or seawayl and attached or secured by approved methods andlor devices, (cl For the purqose of tt�is section, "live aboard ves�..el" shalf rnean� (11 Anv �essel beir�a used as a Fivina unit far use on w�ter andfQr fitted for use a�� dwellina and/or with sleeninq accommodations: (2) Anv vessel ret�resented as a nface of business or �rofessionai or other eommercial enterprise and orovidina or servina on a lona-term basis the essential services o# #un ct�ons tv�icallv associated with a str�cture or other imnroverr�ent to real � ronertw. and. if used as a means of transnortatian. such use is clearlv a seconaarv or subsidiarv use: or (3) Anv vessel used bv anv club or anv other associatio� of whatever nature when c�eartv demonstrated to serve a nur�ose other than a means of #ransportation. Eb) Commercia! fishina vessels are ex�resslv excluded frorn the term "live aboard vessel." Sectiun 2; Chapter 76 0# #he Code of Orciinances af the Village of Tequesta is hereby amended at Sec. 76-20 by amending the penalty provision of this section ta refierence state law; providir�g tttat Sec. 76-2Q shall hereafter read as follows: Sec. 76.2� Tequesta Drive Bridge / North Loxahatchee River boating restricted area. (a) [This subsection shall remain in full force and effect as pr�viously enacted.] tb) Violations of this section sha11 be enforced by Uniform Boating �Fi�lage Ci#a#ion ar�d sha{I punishable in accordance with Chaater 327 Florida Statu�es ��;—�f-i�� $�-A9-A8. 2 Ssction 3: Each and every other section and subsection of Chapter 76. Watennray Cantroi. o# #he code of ardinances of the Village of Tequesta shall remain in full force and effect as previously enacted. Section 4: All Urdinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5: Should any Sectron flr provision of this Qrdinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invaiid, such decisian shall not affect the validity of the remaincfer o# #his Ordinance. Section S: Specific authori#y is hereby granted to cadify this Ordinance. Section 7; This Ordinance shall become effective immediately upan adaption. 3