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Home My WebLink About23-008 ORDINANCE NO. 2023-008 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 River Park Marina; 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 the River Park Marina. 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- 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 and east of River Park Marina. Littoral Waters through Water Skier— Remain the Same MICHELLE R.MILLER,CLERK SAINT LUCIE COUNTY OF THE CIRCUIT COURT =1LE# 5231416 08/18/2023 07.55:14 AM OR BOOK 5032 PAGE 202-207 Doc T RECORDING: $52.50 YPe:ORDN 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" and River Park Marina No Wake Zone approximately 500 feet east, as depicted in the attached Exhibit "B". Sec. 50-30. - Penalty. 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 Cathy Townsend, Chair AYE Commissioner Linda Bartz, Vice Chair AYE Commissioner Chris Dzadovsky AYE Commissioner Larry Leet AYE Commissioner Jamie Fowler 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 1st day August, 2023. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, F)_ORIDA Mid,n �.�y COM .i�, BY:446, -- i Deputy Clerk U ALL % . Chair 1 a APPROVED AS TO FORM AND 0 7, �r CORRECTNESS: c°LNrY,FLOa�°' BY: j5)" County Attorney 7 / f/ hT , Am 200 .- Zo 8O 2 LL U N 9 J K ytt -r- �w GGGG . Z z ., 6 N V, 71 1 \ • EXISTING WARM.MARKERS 1 OF 2 1 11 •y EXISTING CHANNEL MARKER LOCATIONS S 9 g. MARKER 10 FASTING NORTHING 4 111 013 • ~Ns 1143101.1¢ !Rill ((i "--•. A R11 Matt 11p1C/7 13Ff! .013 077IUS —T 114331001 1 •—A R16 MK/.79 11432A10 )f • ' ElCMaw,m/r nawtl .< b� i . IN079 aa7o.0 ,1mmn ;,9 1 A R20 i Hour, 1N/16174 1;�� .Get asw ,utM1 J1 1 VOWING CHANNEL MARKERS 2 OF 2 E7 .71 EXHIBIT 11A- 1••ISO I r / 2! 0 1i 200 ` I - _ ; l l i r..I - J -- - „ - i 2 IIROGA1L ammo .. _ __!!!�] 2 FM•;iiil §W L.�1.»,t ,_.2.c.,, 51 (3 C u y1 2 i PROPOSED CHANNEL MARKER LOCATIONS { s MARKER ID EASTING NORTHING t I — — Si IIOnPab2I2 114702.21 ¢S I A RU e7wou4 awtw g . 015 emus2 mina la 4 `. 67797722 . GI7 e77019ee neteatt r 1 y AL R111 e'I .I1 naeaaee u t b II " �GUNGE wawia[ { L.:.tJiI z'.7 . RW --r2aazro iwievaaag:III — "•"'t • '1'2'4 ■ c21 I rouA t Waimea ! i1h PROPOSED SIGNAGE s I _ j�Ji :} ,..a`. ! I WAKE EASTING NORTHING IDLE SPEED NO G p .-Lbaiiai-.•., .isG`, ��M-+.4 �-t:.,. -. - IRIS .i�'It_ E.- r i t tle210.01 ,i.tafa 7. I - . ....,,. PRovoEEo CIWIMEl*'iM 3 1 I� a� --- ---- -------...__..- OYi Yf�zZFs a• pt/ 021 a ia 7sw19.414E99 Omani Intro EWI ZACRSy&SPCRgeYCOl•ffl woo Carpal0Ot30 kw Pon Minn b NM Zm10.w.on..hot IWI&Ott WOW Z..IMZOZl#. By DYCUSER TIC A S'1W& Eg I0° gn Ems' jUI ��m 1Ni� Q1i P 0000 °Mt: R� in888. 11 : A I iii U OH ! lit RI HOOD : Dug" ,.. ___.1,- IIVII---11—PRIMA VISTA -_ IPD— ill , I t. � m .�` w G �� a :ma z1 co itllhui ;+�� • IL o iou8 lik S A� AE An m • UI E / qi ,ft ACE NAME ...m.O PROPOSED — DmdgIIw 6 Me""e COmulter° 4643 S ask Moms Bl d .NO WAKE ZONE'SIGNS ST.I UCIF oI: A. relic U'lws RIVER PARK MARINA COUNT.' w rn..e.,, Flume(338613PF6w5 NO WAKE ZONE pV,wR A{ ON COD I SW[RM RON DESANTIS CORD BYRD Governor Secretary of State August 17, 2023 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Attn: Vera Smith Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the St. Lucie County Ordinance No. 2023-008, which was filed in this office on August 17, 2023. Sincerely, Anya Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270