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Ordinance No. 90-04-185+'^ ORDINANCE NUMBER 90-04-185 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING ALL AMENDMENTS THERETO, TO ADD NEW SECTION 24-172, BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Chapter 24, Zoning, Subdivision and Land Development Regulations Article III, Division 7, Supplementary Regulations, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby amended to create new Section 24-172, generally and specifically regulating Boats and Watercraft, and upon enactment shall read as follows. Sec. 24-172. Boats and Watercraft For the purposes of this Section, the term Watercraft shall include every type of boat or vessel or craft intended to be used or capable of being used or operated, for any purpose, on waters within or adjacent to the City of Atlantic Beach. (a) Intent. The intent of this Section is to protect water quality and Environmentally Sensitive Areas within and adjacent to the City of Atlantic Beach, and to maintain or enhance water quality, vegetative communities, wildlife habitats and the natural functions of fisheries, wetlands and estuarine marshes. (b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged, from any Watercraft, or from any dock, sewage, refuse, garbage, fuel or other contaminants or any waste material into waters within the City of Atlantic Beach. (c) Live-aboard Watercraft Restrictions. It shall be unlawful to live aboard any Watercraft, which is docked, stored, moored or anchored within the City of Atlantic Beach. Live aboard shall mean the continuing use of any Watercraft as a Dwelling Unit as defined within this Chapter. (d) Damage to or destruction of Environmentally Sensitive Areas. It shall be unlawful for any person to operate, dock, moor or anchor any Watercraft in a manner that causes adverse impacts to any marine or water resource, wildlife habitat or other Environmentally Sensitive Areas as defined within this Chapter and as set forth within the Conservation and Coastal Management Element of the Comprehensive Plan. Ordinance 90-04-185 Page 1 of 2 (e) Public Docks and Anchorages. Docking or anchoring within Tideviews Preserve, Dutton Island Preserve or any other public park or facility shall be restricted to non-motorized Boats and Watercraft or to those equipped only with bow-mounted electric trolling motors. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. Passed upon first reading and public hearing by the City Commission of the City of Atlantic Beach this 14th day of June, 2004. Passed upon final reading and public hearing this 28th day of IN S. MESERVE yor/Presiding Officer as to dorm and correctness: City C. J,~~SEN, ESQUIRE ATTEST: ,'' MAUREEN KING City Clerk. e Ordinance 90-04-185 Page 2 of 2