§ 122-28. Operation of airboats in restricted area on Lake Poinsett.

(a)

Definitions. For the purpose of this section the following words and phrases shall have the meanings respectively ascribed to them in this subsection unless otherwise specifically stated:

Airboat means any watercraft which operates on a water surface or water body and which is propelled by an engine, motor or other propulsion system which utilizes a propeller, fan or blade which is not normally submerged below the water surface upon which the craft operates.

Lake Poinsett Subdivision Area means the subdivision in that portion of the county located within section 34, township 24 south, range 35 east and section 3, township 25 south, range 35 east, Brevard County, Florida.

Nighttime means the period from sunset to one-half hour after sunrise, as sunrise and sunset are officially determined by the National Weather Service.

Operate means the exercise of the physical control of an airboat involving the launching or flotation, and engagement or activation of the propulsion system of any airboat on a waterway in the restricted area encompassed within this section.

Restricted area means that part of Lake Poinsett and adjoining canals lying in section 34, township 24 south, range 35 east and section 3, township 25 south, range 35 east, Brevard County, Florida and lying northerly and easterly of the following described control line: Commence at the northeast corner of plat book 19, page 144 and run south 0°03′ west along the east line of southwest ¼ of section 34, a distance of 400 feet to the southeast corner of the plat; thence run south 20°00′ east, a distance of 1,125 feet to the point of beginning; thence for a first course run north 65°00′ west, a distance of 2,050 feet; thence for a second course run north 38°00′ west a distance of 1,900 feet more or less to the northerly shore of Lake Poinsett which is the termination point of the control line.

(b)

Prohibited acts.

(1)

It shall be unlawful under the provisions of this section for any person to launch or load any airboat on Lake Poinsett in the county during the nighttime hours within the restricted area on Lake Poinsett, including canals within the Lake Poinsett Subdivision.

(2)

It shall be unlawful for any person to operate any airboat at greater than an idle speed not to exceed five miles per hour at any time within the restricted area.

(3)

It shall be unlawful to operate an airboat at greater than idle speed within the canals of the Lake Poinsett Subdivision located in the county at any time.

(4)

It shall also be unlawful for any person to launch or load any airboat from the Lake Poinsett Subdivision or any public or private property located on or adjacent to Pluckebaum Road and the Lake Poinsett Lodge areas within the restricted area during the nighttime hours.

(5)

It shall be unlawful for any person to intentionally remove or destroy any sign, marker or buoy defining or announcing the control line of the restricted area.

(c)

Exemption. The provisions of this section shall not prohibit the operation, launching or loading of an airboat within the restricted areas and adjacent to the Lake Poinsett Subdivision or within the canals of the Lake Poinsett Subdivision by any state, county or federal officer on official public business.

(d)

Penalties. In accordance with F.S. § 327.73, any person convicted of a violation of any of the provisions of subsection (b)(1) or (b)(2) of this section shall be guilty of a noncriminal infraction punishable by a fine of $100.00. All other violations of this section shall be punished as provided in section 1-7.

(Code 1979, § 15½-6; Ord. No. 2000-019, § 2, 3-14-00)