§ 66-1. Diving and snorkeling during lobster mini-season.

(a)

Intent and purpose. The intent and purpose of this section is to abate the destruction of property, deleterious environmental effects, and criminal trespass that results from the close proximity of divers to public and private property, as well as their interaction with and exploration of docks, piers, and bulkheads in search of spiny lobster during the lobster mini-season, which activities constitute a public nuisance.

(b)

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

Dive means to wholly or partially submerge one's body while equipped with a mask or goggles, whether or not any type of underwater breathing apparatus is used.

Lobster mini-season means the two-day sport season authorized by the marine fisheries department of the state fish and wildlife conservation commission pursuant to F.A.C. 68B-24.005, as amended from time to time.

(c)

Prohibitions. It is a public nuisance and unlawful for any person to dive or snorkel in any navigable canal or marina or within 300 feet of an improved residential or commercial shoreline beginning three days prior to the opening of and during the entirety of the lobster mini-season and for the first five days of commercial lobster season. A map reflecting the boundaries of the prohibited areas shall be available at the village hall for reference by the public and shall be incorporated by reference into this section. The prohibited areas shall be marked by signs on the shoreline at conspicuous places, at marinas and along the main arterial waterways of the village. Idle speed markers as well as buoys, provided in accordance with applicable state and federal regulations, shall indicate the boundaries of the prohibited areas that extend to the open ocean. Nothing in this section shall prohibit diving incidental to vessel or dock maintenance provided the diver performing the maintenance lawfully displays a diver-down flag and otherwise complies with the requirements of F.S. ch. 327.

(d)

Enforcement; penalties. A violation of this section may be enforced by issuance of a citation, summons, or notice to appear in county court, or arrest as provided in F.S. ch. 901, or in accordance with chapter 2, article III of this Code, and is punishable by a fine not to exceed $500.00. Nothing contained in this section, however, shall prohibit the village from enforcing this section by any other lawful means.

(Ord. No. 02-30, § 2, 11-14-2002; Ord. No. 12-01, § 2, 2-9-2012)