Item 7B
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AGENDA ITEM #7B
JUNE 28, 2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Final reading and public hearing to adopt Ordinance 90-04-185,
which shall enact provisions regulating boats and watercraft
SUBMITTED BY: Sonya Doerr, AICP ,0•~/
Community Development Director
DATE: June 18, 2004
BACKGROUND: Proposed ordinance 90-04-185 was approved upon first reading at the
~"' June 14th meeting. These new provisions, which will prohibit from being used as a
permanent residence and from being improperly docked or anchored, will be included within
Chapter 24, the Zoning, Subdivision, and Land Development Regulations, as part of Division
"' 7, Supplementary Regulations.
BUDGET: No budget issues.
RECOMMENDATION: Motion to enact Ordinance 90-04-185.
ATTACHMENTS: Proposed Ordinance Number 90- 4-185.
REVIEWED BY CITY MA
June 28, 2004 regular meeting
AGENDA ITEM #7B
JUNE 28, 2004
ORDINANCE NUMBER 90-04-185
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE
NUMBER 90-O1-172, 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) Docking and Anchoring 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
AGENDA ITEM #7B
JUNE 28, 2004
(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 June, 2004.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
ATTEST
MAUREEN KING
City Clerk
~* Ordinance 90-04-185 Page 2 of 2