Ordinance No. 90-09-210 v ORDINANCE NUMBER 90-09-210
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24,
ZONING, SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS, SPECIFICALLY SECTION 24-174, BOATS AND
WATERCRAFT, AND PROVIDING FOR RECORDATION AND AN
EFFECTIVE DATE.
WHEREAS, the regulations as set forth herein are intended to protect Environmentally
Sensitive Areas, and to implement goals and objectives as stated within the Future Land Use,
Conservation and Coastal Management and Recreation Elements of the adopted Comprehensive
Plan; and
WHEREAS, these regulations are also intended to provide for the rights of navigation
and recreational use of public waters within the City by maintaining the quality of these
resources and preserving these areas for the public's use and enjoyment and minimizing the
potential for hazards to safe navigation and recreational use and threats to life and property; and
WHEREAS, first reading of the proposed Ordinance by the City Commission was held
on the 14th day of September, 2009 at 6:00pm. After required notice was published, second
reading of the proposed Ordinance and a public hearing to hear, consider and adopt said
Ordinance was held on the 28th day of September, 2009 at 6:00 p.m.
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 of the Code of Ordinances, the Zoning, Subdivision and Land
Development Regulations, Article III, Division 7, Supplementary Regulations, specifically
Section 24-174, regulating Boats and Watercraft is hereby amended, and upon enactment shall
read as follows.
Sec. 24-174. 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 the City of Atlantic Beach. These provisions shall apply to all waters over which the
City has jurisdictional authority and shall not be construed to apply to waters under the
sovereign control of the State of Florida, except as similarly addressed in State law.
(a) Intent. The purpose and intent of this Section is stated as follows:
i. to protect water quality and Environmentally Sensitive Areas within and adjacent to the
City of Atlantic Beach;
ii. to protect vegetative communities, wildlife habitats and the natural functions of
fisheries, wetlands and estuarine marshes;
iii. to protect the rights of the public to use waterways for navigation and recreation
including the temporary or overnight anchoring of boats; and
iv. to prohibit the permanent anchoring and storage of privately owned watercraft within
tributaries and deepwater channels adjoining the Intracoastal Waterway in that such
activity has the potential to create obstacles to safe navigation and to interfere with
rights of navigation and recreational use and also to create hazards to persons and
property where such watercraft may not be attended or secured during storm or
hurricane events.
(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.
(c) 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 damage
or 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.
(d) Public Docks and Anchoring and Mooring Restrictions.
i. Within the waters of Tideviews Preserve and Dutton Island Preserve docking or
anchoring shall be restricted to non-motorized Boats and Watercraft or to those equipped
only with electric trolling motors.
ii. Within the waters of the River Branch Preserve, no Watercraft or floating structure shall
be permanently anchored or moored, or tethered to the shore in any manner, it being the
express intent of the City that these natural resources of the City be held in the public
trust and not used for permanent storage of privately owned Watercraft. Non-trailered
Watercraft that are observed and documented to be within the waters of the River
Branch Preserve on a continuous basis, and for which the registered owner can provide
no proof of where the Watercraft is elsewhere kept shall be presumed to be permanently
kept in the Preserve and shall be in violation of this Code and subject to established
Code Enforcement action or other remedies available under applicable law.
iii. No permanent mooring device shall be placed within any waters east of the right-of-way
of the Intracoastal Waterway as delineated by the United States Army Corps of
Engineers or within any of it connected creeks or tributaries.
(e) Live-Aboard Vessels prohibited. Live-Aboard Vessels shall be prohibited within all
waters under the jurisdictional authority of the City of Atlantic Beach. Live-Aboard Vessel
shall mean:
i. Any vessel used solely as a residence and not for navigation; or
ii. Any vessel represented as a place of business, a professional or other commercial
enterprise, or
iii. Any 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 fishing boat is expressly excluded from the term Live-Aboard vessel, and this
prohibition shall not be construed to include Watercraft or cruising vessels that are engaged
Ordinance No. 90-09-210 Page 2 of 3
in recreational activities or navigation and traveling along the Intracoastal Waterway from
anchoring temporarily or overnight.
(f) Private property rights. These provisions shall not be construed or enforced to diminish
any lawfully established riparian rights or rights of navigation, access or view entitled to
private property owners.
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 by the City Commission of the City of Atlantic Beach this 14th day of
September, 2009. Passed and enacted upon final reading and public hearing this 28th day of
September, 2009.
44-4-442
Mike Borno
Mayor Pro Tem/Presiding Officer
Approv,- as to form and correctness:
.rte
• •�. JE SEN, ESQUIRE
City • ttorne
ATTER' :
11/ 2u
DONNA L. BARTLE, CMC
City Clerk
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