Item 8CAGENDA ITEM # 8C
JULY 27, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request for direction related to use of the waters of the River Branch Preserve
and other public waterways under the City's jurisdiction
SUBMITTED BY: Sonya Doerr, AICP ,d~
Community Development Director
DATE: July 20, 2009
BACKGROUND: The City Manager has asked Staff to provide direction related to revisions that
may be needed to the City Code to prohibit inappropriate use of the public waterways within the City's
three preserves: River Branch, Dutton Island and Tideviews. Section 24-173 (attached) of the Code
currently addresses this issue, but with the addition of the River Branch Preserve, expansion of these
provisions is probably needed. Dutton Island and Tideviews have very limited deep water access, but
River Branch has direct access to the Intracoastal Waterway (ICW).
The City has no authority to regulate boats in any manner that are within the right-of--way of the
Intracoastal Waterway or waters that are over sovereign lands of the State. The City does however have
the authority to adopt certain provisions addressing the use and anchoring of boats within waters over
which it has jurisdictional authority. One of the primary objectives in purchasing the preserve lands and
the marsh tract was to provide for the public's use and enjoyment of these resources. Dutton Island and
Tideviews do not contain areas that can easily be used as permanent anchorages by larger boats, but River
Branch does contain a protected deep water anchorage that appears to have become a "permanent home"
for a several larger boats.
The City should take measures to protect these areas for the use of canoes, kayaks, fishing and
recreational boats, and also to provide a safe temporary and overnight anchorage for cruising boats
travelling along the Intracoastal Waterway. There are few public marinas and protected anchorages along
this section of the ICW. Cruising boaters are usually reluctant to anchor overnight among other boats that
appear to be derelict or of questionable origin.
The other concern is environmental damage that may result from these boats. The City will have to
determine the exact status of these boats, but it appears that 4-6 boat owners have "claimed" this location
as a private anchorage. If any of these boats are being used as alive-aboard residence and not being
regularly taken to proper sewage pump-out facilities, it is reasonably obvious that these boats are
discharging raw sewage directly into the ICW. Such dumping is clearly illegal, but in the past we have
had limited success in getting support from the State and Federal agencies responsible for this. We have
attempted to create some new relationships with the Florida Fish and Wildlife Conservation Commission,
and are optimistic about getting a higher level of assistance, because of recent changes in state law and
new funding dedicated to the FFWCC.
The City is clearly within its rights to prohibit Live-Aboard boats, and our current regulations do this
already, but our ability to enforce this has been limited. This is a needed budget discussion at some point.
The attached discussion draft of revisions to current Section 24-173 of the City Code incorporates the new
language of State law clarifying what is alive-aboard vessel, and addresses use of the waters over which
the City has control.
RECOMENDATION: Discussion and direction to staff.
ATTACHMENTS: Draft revision to current Section 24-173 of the de.
r
REVIEWED BY CITY MANAGER:
July 27, 2009 regular meeting
AGENDA ITEM # 8C
JULY 27, 2009
Note: Underlined text is inserted language; st~sleal~gl} text is deleted language.
Sec. 24-173. 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 e~-a~jaeet~a-the City of
Atlantic Beach.These provisions shall apply to all waters over which the Citv has jurisdictional authority and
shall not be construed to apply to waters under the soverei>;n control of the State of Florida
(a) Intent. The intent of this Section is to protect water quality and Environmentally Sensitive Areas within
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
dock any sewage, refuse, garbage, fuel or other contaminants or any,waste material into waters within the
City of Atlantic Beach.
(cd) 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.
(de) Public Docks and Anchoring and Moorin~Restrictions ages:
i_Within the waters of and surroundine Tideviews Preserve-Nand Dutton Island Preserve docking or
anchoring shall be restricted to non-motorized Boats and Watercraft
or to those equipped only with bow-mounted electric troltr'ng motors.,
- --- ---- -------- --
the Ci that these natural reso ces 4f the Ci be held in the ublic trust and not used for ermanent
storase of privately owned watercraft Non-trailered Watercraft that are observed and documented to
be wrthm the waters of the River Branch Preserve on a continuous basis and for which the re istered
owner can provide no proof of where the Watercraft is elsewhere kept shall be presumed to be
permanently kept m the Preserve and shall be in violation of this Code and subject to established Code
Enforcement action.
iii. No permanent moorins device shall be placed within any waters adjacent to the ri t of way of the
Intracoastal Waterway or within any of it connected creeks or tributaries
i. Anv vessel used solely as a residence and not for navigation• or
ii. Anv vessel represented as a place of business a professional or other commercial enterprise or
iii. Anv vessel for which a declaration of domicile as a legal residence has been filed pursuant to Section
327.02.222.17. Florida Statutes.
A commercial fishine boat is expressly excluded from the term Live-Aboard vessel and this prohibition
shall not be construed to include cruising vessels that are travelin along the Intracoastal Waterwa~m
anchoring tem op rarily or overni hg_t
(fl Private property rishts. These provisions shall not be construed or enforced to diminish any lawfullX
established n arian ri is or rights of navigation access or view entitled to rip vate property owners