§ 66-2. Operation of vessels in restricted areas.

(a)

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. If any definition is inconsistent with the definitions in F.S. § 327.02, the definition in F.S. § 327.02 shall take precedence.

Idle speed - no wake means that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow.

Marker means any channel mark or other aid to navigation, information or regulatory mark, isolated danger mark, safe water mark, special mark, inland waters obstruction mark, or mooring buoy in, on, or over the village controlled waters or the shores thereof.

Motorized vessel means any vessel equipped with machinery for propulsion, irrespective of whether the propulsion is in actual operation.

Operate means to be in charge of or in command of or in actual physical control of a vessel upon the village controlled waters, or to exercise control over or to have responsibility for a vessel's navigation or safety while the vessel is underway upon village controlled waters, or to control or steer a vessel being towed by a vessel upon village controlled waters.

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

Steerageway means the minimum rate of motion required for the helm of the vessel to have effect.

Vessel means every description of watercraft, barge, and air boat, used or capable of being used as a means of transportation on water.

(b)

Prohibited activities. It shall be prohibited for any individual to operate a motorized vessel at a speed greater than four knots or in a manner which creates a wake, in the following restricted areas:

(1)

Within an area designated and marked as an idle speed - no wake zone;

(2)

Within 300 feet of a "diver down" flag; or

(3)

Within 300 feet of improved residential or commercial shorelines.

(c)

Exemptions. The following acts shall be exempt from the regulations contained in this section:

(1)

A motorized vessel operating under emergency conditions during an emergency; or

(2)

Operation of a motorized vessel within an officially marked channel at the speed specified in the officially marked channel.

(d)

Penalties.

(1)

A violation of subsection (b) of this section may be enforced by issuance of a uniform boating citation by a duly authorized law enforcement officer pursuant to the procedures set forth in F.S. § 327.73 and F.S. § 327.74.

(2)

The civil penalty for a violation of subsection (b) of this section shall be $50.00 as provided in F.S. § 327.73, or such other amount as may be authorized by the state legislature should F.S. § 327.73 be amended.

(3)

Nothing contained herein, however, shall prohibit the village from enforcing this section by any other lawful means.

(Ord. No. 03-10, § 2; Ord. No. 12-01, § 2, 2-9-2012)