§ 122-26. Idle speed, no wake zones.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Idle speed, no wake means the minimum speed that will maintain the steerage way of a watercraft.

Idle speed, no wake zones means those waterways within the unincorporated area of the county in which watercraft traffic shall not exceed idle speed. Those waterways shall be as follows:

(1)

That waterway commonly known as the Grand Canal and all canals connecting to the Grand Canal, between the north section line of section 34, township 26 south, range 37 east, and the northern terminus of the Grand Canal immediately south of State Road 404, commonly known as the Pineda Causeway.

(2)

That waterway beginning at the intersection of the extended centerline of Venetian Way with the city of Indian Harbour Beach/Brevard County boundary; thence southerly along the city of Indian Harbour Beach/Brevard County boundary to the intersection of the city of Melbourne/Brevard County boundary; thence westerly along the city of Melbourne/Brevard County boundary approximately 500 feet; thence northerly to the southern tip of Merritt Island; thence northerly along the eastern shore of Merritt Island to the intersection of the extended centerline of Venetian Way; thence easterly along the extended centerline of Venetian Way to the point of beginning.

(3)

All waters of Sykes Creek between SR 528, commonly known as the Bennett Causeway, and the county line of section 13, township 24 south, range 36 east.

(4)

The easterly 200 feet of the entrance canal into the Lake Washington Acres subdivision, the canal lying between the western terminus of the northern canal and the western terminus of the southern canal, and the canal south of Evinrude Road located in section 15, township 27 south, range 36 east, according to the replat of Lake Washington Acres, section 1, plat book 2153.

(5)

The canals associated with the Indian River Isles Subdivision (First Addition, Second Addition, Third Addition, and South Indian River Isles). Being further described as: the southeast ¼ of section 1, township 26, range 36; and the northeast ½ of section 12, township 26, range 36.

(6)

The canal lying north of Laguna Vista Drive located in Lakewood Manor, plat book 20-20, page 50, located in section 10, township 27 south, range 36 east.

(7)

Fox Lake, up to the southern mouth of the canal connecting Fox Lake to South Lake, a body of water adjacent to Fox Lake Park located at 4400 Fox Lake Road, Titusville, Florida, 32796. Legal Description, Part of S ½ as described in Official Records Book 688, Page 860, public records of the county.

Watercraft means any vessel that travels on, in or under the water regardless of method of propulsion.

(b)

The idle speed, no wake zone, area shall be posted by appropriate signs stating "IDLE SPEED, NO WAKE." Such signs shall be made of materials, which will retain, despite the weather and other exposures, the information required to convey the intended regulation. Reflectorized materials will be used. The sign shall be colored white with a circle of international orange with center. The words "IDLE SPEED, NO WAKE" shall be set forth in black letters inside the circle. The sign may be attached to another object such as a piling, buoy, structure or land and shall be no smaller than three feet by three feet. The signs shall be placed not more than 500 feet apart throughout the idle speed, no wake zone, and at the beginning of each idle speed zone.

(c)

For the purpose of regulating the speed and operation of watercraft traffic within idle speed no wake zones:

(1)

It shall be unlawful for any person, by any means or in any manner, to intentionally or negligently injure or harm a manatee.

(2)

It shall be unlawful for any person operating a watercraft to exceed the speed restrictions established in this section for idle speed zones. Any person who violates the provisions of this subsection shall be punished as provided in subsection (d).

(d)

In accordance with F.S. § 327.73, any violation of the speed restrictions within the designated restricted areas as specified in this section shall be considered a noncriminal infraction, punishable by a civil penalty of $35.00. Enforcement of this section shall be as specified in F.S. § 327.70, and all infractions of this section shall be issued on a uniform boating citation as provided by F.S. § 327.74, by those agencies authorized to enforce vessel speed regulations. Pursuant to F.S. § 327.72, any person failing to pay the civil penalty as designated in this section or to utilize the remedies provided in F.S. § 327.73 shall be considered guilty of a misdemeanor of the second degree, punishable as proved in F.S. §§ 775.082 or 775.083.

(Code 1979, §§ 24-44—24-47; Ord. No. 96-55, § 1, 12-10-96; Ord. No. 05-39, 8-23-05)

Editor's note

Ord. No. 05-39, adopted August 23, 2005, changed the title of § 122-26 from "Idle speed zones" to "Idle speed, no wake zones."