HomeMy WebLinkAboutOrdinance_10-11_06/09/2011 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 ^„ wate"""° of airy
deser-iption used or- eapable of being used as a means of tfanspoAafieia on water-, within the R -1
and R- 1 A single- family dwelling districts, for a period of time in excess of 72 continuous hours
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during any consecutive 30 -day period, unless such vessel or watercraft is located at an approved
mooring area or dock and with the consent of the owner of such approved mooring area or dock.
(b) The anchoring, mooring or parking of live aboard vessels ^r .. ater -°r°ft in all districts shall
be at an approved mooring area. dock, pier or seawall and attached or secured by approved
methods and /or devices.
c) For the purpose of this section. "live aboard vessel" shall mean:
(1) Any vessel being used as a living unit for use on water and/or fitted for use as - a dwelling
and /or with sleeping accommodations:
2) Any vessel represented as a place of business, or professional or other commercial
enterprise, and providing or serving on a long -term basis the essential services of functions
typically associated with a structure or other improvement to real property, and, if used as a
means of transportation, such use is clearly a secondary or subsidiary use: or
(3) Any vessel used by any club or any other association of whatever nature when clearly
demonstrated to serve a purpose other than a means of transportation.
b) Commercial fishing vessels are expressly 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 Boating Village Citation and shall be
punishable in accordance with Chapter 327. Florida Statutes ''° ° fi „ ° ^ IC Q10 0 nn
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.
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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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Upon Second Reading this 9 th day of June 2011, the foregoing Ordinance 10 -11 was
offered by Council Member Humpage who moved its adoption. The motion was
seconded by Council Member Turnquest and upon being put to a vote, the vote was as
follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 9 th day of
June 2011.
MAYOR OF TEQUESTA
Tom Paterno
ATTEST:
Deanna G. Mayo
Assistant to the Village Clerk