§ 122-29. Sykes Creek and Kiwanis Island Basin and Scottsmoor Landing Park.

(a)

Definitions. For the purposes of this section the following definitions shall apply:

Channel exempt more specifically defines what portion of a described waterway is being regulated or restricted, and shall remove or exempt the posted portion of the marked channel of Sykes Creek from restriction or regulation.

Kiwanis Island Basin means that body of water commonly known by such name and existing within the confines of Merritt Island between the Sykes Creek Parkway Bridge and State Road 520.

S curve area means that body of water described as all of those waters of Sykes Creek bounded by Merritt Island within section 13, township 24 south, range 36 east.

Scottsmoor Landing Park area is that body of water in the Indian River outside the marked "channel" extending 2,000 feet perpendicular to the shoreline of Scottsmoor Landing Park and two miles south of the park and an additional two miles (to extent of the county limits) north of the park.

Slow speed means that speed at which a motorboat is not on a plane, rides level in the water and produces a minimal wake.

Sykes Creek means the whole of Sykes Creek which may be defined as that body of water commonly known as Sykes Creek within the confines of Merritt Island, existing between the Canaveral Barge Canal and that certain roadway commonly known as Sykes Creek Parkway.

Water skiing means the towing or pulling of a person in or on the water by a motorboat (or other watercraft capable of doing so) while such person is mounted on water skis or other similar devices.

(b)

Use regulations. The use of watercraft and of water skiing in Sykes Creek and the Kiwanis Island Basin shall be regulated as follows:

(1)

A permanent slow speed-channel exempt zone is hereby established for the entire Sykes Creek and Kiwanis Island Basin, extending south from the entry of Sykes Creek into the Canaveral Barge Canal and north from that certain roadway known as State Road 520.

(2)

The maximum speed of a watercraft within the posted channel of Sykes Creek shall be 25 miles per hour.

(3)

Notwithstanding the canal exempt provision established in subsection (b)(1) above, a permanent slow speed zone is hereby established in the following areas:

a.

That portion of Sykes Creek extending south from the entrance of the Canaveral Barge Canal into Sykes Creek to the State Road 528 Bridge.

b.

The entire S curve area.

c.

The entire Kiwanis Island Basin area.

d.

The Scottsmoor Landing Park area.

(4)

Water skiing shall be prohibited within the waters of Sykes Creek north of State Road 520 and south of the entry of Sykes Creek into the Canaveral Barge Canal.

(c)

Posting of restricted areas. The restrictions as created by this section shall be posted by county personnel with appropriate signs. Such signs shall be made of materials which will retain, despite the weather and other exposure, the information which conveys the intended regulation. 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.

(d)

Penalty.

(1)

In accordance with F.S. § 327.73, any violation of the speed restrictions within this section shall be considered a noncriminal infraction punishable by a civil penalty of $35.00. Enforcement of the 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 provided in F.S. § 775.082 or 775.083.

(2)

Any person violating any other provisions of this section shall be punished as provided in section 1-7.

(Code 1979, § 24-48; Ord. No. 96-04, § 1, 2-6-96)