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Home My WebLink About21-006 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4837839 03/25/2021 03:14:08 PM OR BOOK 4578 PAGE 2630-2634 Doc Type:ORDN RECORDING: $44.00 ORDINANCE 21-006 AN ORDINANCE RELATING TO ST. LUCIE COUNTY CODE AREA OF ENFORCEMENT CHAPTER 50 WATER SERVICES ARTILE II —VESSEL RENTAL AND WATER SAFETY; AMENDING DEFINITON OF IDLE SPEED, AREA OF ENFORCEMENT PROVIDING FOR PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, boating safety concerns were brought to the attention of St. Lucie County officials around the North Causeway Island Banty Saunders Waterway; and WHEREAS, Florida Statutes §327.46(1)(b) authorizes St. Lucie County to establish Idle Speed No Wake boating safety zones by ordinance without additional agency approval within 500 feet of public boat ramps and WHEREAS, St. Lucie County has elected to establish Idle Speed No Wake boating safety zones around North Causeway Island Banty Saunders Waterway. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY FLORIDA: ARTICLE II —St. Lucie County Ordinance No. 98-006 and Chapter 23, Waterways, of the St. Lucie County Florida Section 50-23 Definitions, Section 50-24 Area of Enforcement, and Section 50-30 Penalty are hereby amended by establishing the following boating restrictions. Sec. 50-23. - Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bather through Floating Vendor— Remain the Same. Idle speed means the lowest speed at which a vessel can operate and maintain steering control wind direction and ^d and the sea conditions. Generally, it will be between one and thr two a.n.d five m.i.l.es per_hour f_o_r f_ixeds_h_a_fLrudder yes , propelled vessel, idle speed means that speed necessary for steerageway. Pursuant to Florida Administrative Code Chapter 68D-23.103, "Idle Speed No Wake" and "Idle Speed" may be used interchangeably and mean that a vessel must proceed at a speed no greater that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control north of North Causeway Island Banty Saunders Waterway. Littoral Waters through Water Skier— Remain the Same Sec. 50-24 — Area of enforcement. The area of enforcement of the provisions of this article shall be all public navigable waters, creeks, bayous, canals, and channels, whether natural or manmade, located within the unincorporated areas of the county, including all public waters within the jurisdiction of the county in which the tide ebbs and flows. This article shall also apply to all public navigable waters, creeks, bayous, canals, and channels which are contiguous to county owned beaches, parks and recreational areas located within the incorporated areas. This article does not apply to the Florida Intracoastal Waterway. This subsection shall create an Idle Speed No Wake boating safety zone for Banty Saunders Waterway No Wake Zone approximately 500 feet north, as depicted in the attached Exhibit "A" . Sec. 50-30. - Penalty. PFGeedwres setferth F.S. §§r327T3 and 227.72. The provisions of this section may be enforced by any law enforcement officer as defined in Section 943.10, Florida Statutes. Pursuant to Section 327.73, Florida Statutes, any person cited for a violation of any such provision shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided for allowable county court costs for boating infractions. Where a statute or administrative rules are referenced herein, this shall mean the most recently adopted version of said statute and administrative rules. For violations of section 50-27, the county may initiate enforcement procedures pursuant to F.S. Ch. 162. PART B. SEVERABILITY AND APPLICABILITY. It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any section, subsection, sentence, clause, or provision of this ordinance be held invalid, the remainder of the ordinance shall not be affected. PART C. FILING WITH THE DEPARTMENT OF STATE AND EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART D. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chair AYE Commissioner Sean Mitchell, Vice Chair AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through E shall not be codified. PASSED AND DULY ADOPTED this 23RD day March 2021. A EST: Deputy Clerk Y co i ?� m 02 TY, flCtti��hy BOARD OF COUNTY COMMISSIONERS ST. LUCIE CO TY OR A� BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: ,f 1,�A)) `County Attorney EXISTING CHANNE 1" EXISTING CHANNEL MARKER LOCATIONS MARKER ID EASTING NORTHING . G13 878487.65 1143881.62 . R14 87838321 1143862.63 . G1S 877746.88 1143266.01 R16 877463.79 1143270.18 0 G17 877059.89 1142840.24 R18 876 1.W 1142858.99 ■ G19 870M.12 1142203.18 1 R26 875838.87 1141993.74 ■ G21 875583M 1141841.94 EXHIBIT "A RELOCATE IN WAR025-0' —_ RELOCATE IN W111211_ — _ 3 z — � 'RELOCATE INWAR021-0" — --�'— -- xL' RELOCATE INWARD25-0 PROPOSED CHANNEL MARKERS 2 OF 2 00 s ��I �IslYf g Y aI W x 2 O U U Z nO o O RELocATE iNv.ARo eo-0 __-.... __— O K W Q W J mi PROPOSED CHANNEL MARKER LOCATIONS MARKER ID EASTING NORTHING . G13 878453.82 1143702.31 . R14 878407.24 1143641.94 0 G15 877732.85 1143286.70 R16 sn477.82 1143249.49 0 G17 877014.99 114290&45 . R18 878405.92 114263&30 ■ G19 NOCHANGE NO CHANGE . R20 875652.70 1141973.05 ■ G21 NO CHANGE NO CHANGE PROPOSED SIGNAGE IDLE SPEED NO WAKE EASTING NORTHING 876310.01 1142452.74 G21 875SM29 1141841.94 S§ 9 i I RON DESANTIS LAUREL M. LEE Governor Secretary of State March 25, 2021 Ms. Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Ms. Vera Smith Dear Ms. Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 21-006, which was filed in this office on March 24, 2021. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270