ARTICLE III. CERTAIN PUBLIC PLACES* DIVISION 1. GENERALLY DIVISION 2. MUNICIPAL YACHT BASIN DIVISION 3. MANAGED MOORING FIELD

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1 ARTICLE III. CERTAIN PUBLIC PLACES* *Cross References: Parks and recreation, Ch. 14. Secs Reserved. DIVISION 1. GENERALLY DIVISION 2. MUNICIPAL YACHT BASIN Sec Mooring. It shall be unlawful for any person to moor, dock, anchor or otherwise leave for more than twenty-four (24) hours any boat, ship or vessel in the city municipal yacht basin as shown on the map which is on file with the city clerk, unless such person has the permission of the city manager. Any person violating this section shall be subject to the penalties as provided in section (Code 1963, 15-40) DIVISION 3. MANAGED MOORING FIELD Sec Purpose and Intent. (a) The foregoing recitals are hereby adopted as the legislative findings of the City Council of the City of Titusville. (b) The City Council finds that the secure and proper mooring of vessels within a permitted mooring field is necessary for the prevention of potential hazards to surrounding vessels and structures, and that the mooring field program is appropriate to protect against the potential hazards posed to public health and safety by reason of wastewater, other discharges, and other negative impacts associated with derelict vessels within City waters. Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

2 Derelict vessel means any vessel as defined by F. S , and any amendments thereto, which is left, stored or abandoned in a wrecked, junked or substantially dismantled condition on the waters within the municipal boundaries of the City of Titusville or which is located in a mooring field or at the City of Titusville Municipal Marina without the consent of the City of Titusville or which is docked or grounded at or beached upon the private property of another without the consent of the owner of the property or which is grounded at or beached on public property without the consent of the public owner of the property. Dinghy means a vessel of a maximum length not exceeding sixteen (16) feet and which serves as a tender vessel to a larger moored or anchored vessel. Marina Manager means the marina manager of the city. The marina manager shall have all rights, powers and duties as provided under the laws of the state and ordinances of the city. Mooring field means a location for the mooring of vessels as defined and described in the Titusville Mooring Field Location Map incorporated herein by reference as amended from time to time, on file with the City Clerk. Operate means to be in charge of or in command of or in actual physical control of a vessel upon the waters of this state or to exercise control over or to have responsibility for a vessel s navigation or safety while the vessel is underway upon the waters of this state or to control or steer a vessel being towed by another vessel upon the waters of the state. Person means an individual, partnership, firm, corporation, association or other legal entity. Seaworthy means a vessel which has available an operational means of navigation and propulsion which is capable of staying fully afloat without external assistance. Vessel is synonymous with boat as referenced in Section 1(b), Article VII of the Florida Statutes Constitution and includes every description of watercraft, barge and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Sec Establishment of mooring field. The city hereby establishes a mooring field for the mooring of vessels within the municipal boundaries of the city. The dimensions and locations for said mooring field are hereby established and are as described on the Titusville Mooring Field Location Map, as amended from time to time, on file with the City Clerk s office which is incorporated herein by reference. Sec Designation of authority for management of mooring field. (a) The city manager or his or her designee shall undertake the development, construction, maintenance, repair, and operation of the mooring field and shall direct the enforcement of rules and regulations regarding the mooring field established hereby. The city manager may appoint a marina manager to undertake, under the supervision of the city manager, all duties related to the management of the mooring field and enforcement of the rules and regulations hereby adopted including but not limited to :

3 (1) To enforce the provisions of this article. (2) To coordinate removal from the mooring field all vessels and floating structures not properly anchored, docked or moored, as determined by the marina manager. (3) To represent the city as its agent in the execution of all city docking and mooring field agreements or licenses. (4) To inspect the y-valves and marine sanitation devices and seal the y- valves as soon as possible after entry of a vessel to a mooring field. (b) The city manager, or marina manager, has the authority to coordinate the removal of all vessels, floating structures, ground tackle or any other equipment or materials located within a designated mooring field prior to the installation of a mooring field. The owners of such vessels, floating structures, ground tackle or any other equipment or materials shall be responsible for their removal. The city shall attempt to give reasonable notice to owners of those vessels, floating structures, ground tackle or any other equipment or materials to allow for voluntary removal. If the city is unable to contact the owner of those vessels, floating structures, ground tackle or any other equipment or materials, the city may remove and impound those vessels, floating structures, ground tackle or any other equipment or materials and dispose of them as nuisances in accordance with state and federal law. Sec Rules and regulations. (a) The City Council hereby approves the rules and regulations as contained in the City of Titusville Mooring Field Management Plan incorporated herein by reference and on file with the City Clerk s Office and the City Marina. Any amendments to the Plan may be implemented by resolution. All vessels shall abide by the rules and regulations as contained in the City of Titusville Mooring Field Management Plan, all rules, regulations and conditions of the permits issued by corresponding regulatory agencies applicable to the mooring field, all rules and regulations as implemented by the marina manager for the mooring field, and all state, federal, and local laws and rules as applicable. (b) Private moorings and anchorages and obstructions prohibited. No person may place private moorings or anchorage facilities or any obstruction to navigation or other obstruction of any kind in the mooring field. (c) All vessels desiring to use the city mooring field shall first register with the marina manager pursuant to the registration policies and procedures as approved and implemented by the marina manager and shall pay the applicable registration fees as determined by the city manager or his designee. Only seaworthy and registered or documented vessels shall be allowed use of the city mooring field. (d) Removal and impoundment of dangerous or hazardous vessels. Any vessel, due to fire, explosion, accident, or negligence, which in the determination of the city manager or his or her designee creates an immediate danger to life or property, hazard to navigation or imminent environmental hazard shall be subject to immediate removal and impoundment of the vessel, and costs incident thereto shall be borne by the vessel owner.

4 Denial of Mooring Request; Removal of Vessel. (a) No abandoned, derelict or wrecked vessels, or moored vessels which fail to comply with the conditions set forth herein, shall be allowed in or upon the mooring field. The marina manager shall determine whether any vessel is abandoned, derelict, wrecked, or in non-compliance with the rules and regulations set forth herein and, if so determined, may deny the requested mooring and, if necessary, take steps for removal of the vessel from the mooring field as follows: (1) To the extent possible and as soon as possible, notify the owner or other responsible party of the determination and the basis for the denial or order for removal as applicable, specifying the remedy required and the time frame for completion of said remedy; and (2) If the owner or responsible party fails to remedy the condition or remove the vessel, in the manner and time as directed, the marina manager may choose to remove, or cause to be removed, the vessel and shall notify the registered owner and any other party known by the city to have an interest in the vessel in writing of this action. The responsible party shall be required to reimburse the city for the costs incurred in the removal. If the responsible party fails to reimburse the city for the costs of removal, the city may place a lien on the responsible party s real and personal property for the costs incurred by the city. The city may foreclose the lien, or seek a judgment as provided by law. Notwithstanding the above, if the city manager or his designee determines that a vessel is an imminent risk to the health, safety and welfare of the residents of the city, or is likely to immediately damage private or public property or is an immediate hazard to navigation, the city may take all necessary steps to immediately remove, or cause to be removed, the vessel without written communication. (b) The owner of a vessel whose request for mooring has been denied, or whose vessel has been ordered to be removed from the mooring field, may request a review of the marina manager s decision before the city manager in writing. The request must be in writing and must be received by the city manager within 15 calendar days of the date of the notice. The decision of the city manager shall be final. Sec Fees. All fees for use of the designated mooring field shall be set by the city manager or his designee. Sec Trespassing vessels and dinghies. Use of mooring fields without permission is prohibited. A person shall commit a trespass on city property by placing, tying, attaching or securing a vessel or dinghy to a mooring ball located in a city mooring field without the permission of the marina manager.

5 Sec Penalties. In addition to the penalties set forth herein, offenses under this section shall be punishable as provided in Section 1-15 of this Code. Secs Reserved.