§ 122-30. Vessels in ocean.

(a)

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

Bather means any person who is in the same water as a vessel, whether said person is swimming, wading, or engaged in any other activity.

Person means any individual, firm, partnership, corporation, association, or any other entity.

Slow speed/minimum wake means the speed of a vessel shall be such that the vessel is completely off plane and fully settled into the water. Vessels may then proceed at a speed which is reasonable and prudent under the existing conditions. Large displacement hull vessels shall not create a large, damaging or potentially dangerous wake, even though settled in water they must compensate by reducing speed.

Vessel means a boat, as referenced in Article VII, Section 1(b), Florida State Constitution, and includes every description of watercraft, barge, and airboat, other than a sea plane on the water, used or capable of being used as a means of transportation on water. This includes all types of personal watercraft.

(b)

Area encompassed. The provisions of this section shall be applicable within the unincorporated areas of the county. These provisions shall be construed to supplement federal and state laws and regulations, when not expressly inconsistent therewith, on all waterways where such federal and state laws and regulations are applicable.

(c)

Operation near shoreline. No vessels, except, human or wind powered vessels, shall be operated within 500 feet of the Atlantic Ocean shoreline, except when launching and landing, and in such cases the vessel shall proceed through the aforesaid 500 feet substantially in a line perpendicular to the shore and the watercraft shall not be maneuvered within the 500 feet except for the purpose of launching or landing. No vessel shall be operated otherwise unless allowed to do so under a permit obtained from the United States Coast Guard, as required by F.S. § 327.48.

(d)

Right-of-way of persons in water. All swimmers and bathers in the ocean shall be given the absolute right-of-way over vessels. All vessels within 100 feet of any swimmer or bather in the water shall proceed with extreme caution in such a manner as not to endanger such persons in the water.

(e)

Exemptions. United States Coast Guard, Florida Marine Patrol, county law enforcement, or other official vessels operating under emergency conditions or while performing official duties shall be exempted from the provisions of this section.

(f)

Enforcement. It shall be unlawful to violate any provisions of this section. A citation shall be issued pursuant to F.S. §§ 327.72 and 327.73 for any such violation.

(Ord. No. 98-36, § 1, 7-7-98)