MEMORANDUM CITY OF ST. PETERSBURG

Transcription

1 MEMORANDUM CITY OF ST. PETERSBURG City Council Meeting of September 7, 2006 TO : The Honorable David W. "Bill" Foster, Chair and Members of City Council FROM : Sherman W. Smith, Legal Advisor, St. Petersburg Police Department SUBJECT : An ordinance amending Section 7-80 of the St. Petersburg City Code, adding or amending definitions to conform to Chapter 68D , Florida Administrative Code ; Consolidating existing Zones 11 and 20 as Zones 11 (a) and (b), respectively ; creating a new Zone designated as Zone 11(c) ; and providing for an effective date. EXPLANATION : CREATION OF NEW ZONE AND CONSOLIDATING THE NEW ZONE WITH TWO EXISTING ZONES: The procedure to establish a boating safety or exclusion zone is set forth in the Florida Administrative Code. A permit must be issued for each zone after submission of an approved ordinance creating each zone, an application for the permit, and approval by the U.S. Coast Guard, the U.S. Army Corps of Engineers, and the State Department of Environmental Protection. We have successfully gone through this process several times in the past. A new development, Marina Bay, located on the Eastern shore of the waterway known as Maximo Channel and North of Eckerd College, will include the installation of a floating dock approximately 500 feet in length and which will extend up to 85 feet into Maximo Channel. Permits for the dock have already been issued. Maximo Channel is somewhat restricted and carries a high volume of vessel traffic, including many large vessels. As a floating dock, the dock will be subject to wake created by vessels transiting Maximo Channel, creating a safety hazard for individuals attempting access to, or egress from, vessels tethered to the dock. The Marine Unit of the Police Department has reviewed a request to create a "slow speed/minimum wake" zone for that portion of Maximo Channel that will be affected by the dock construction. The Marine Unit and the Police Legal Division have reviewed the request, physically inspected the waterway in question, and concur that the criteria set forth in the Florida Administrative Code for establishing a "slow speed/minimum wake" zone for the affected waterway are present. We have provided the Office of Boating Safety & Waterway Management with a draft of the proposed ordinance amendment and received verbal concurrence with our determination. A color coded map, Maximo Channel Extension, is attached as a visual aid to the following explanation. Currently the northwesterly portion of Maximo Channel is controlled as a "slow speed/minimum

2 wake" zone due to the Pinellas Bayway bridge known as Structure "A". This is currently designated as Zone 11 in Section 7-80(d)(11) of the St. Petersburg City Code. The proposed new zone will be contiguous with the southeasterly end of Zone 11 and extend to the southeast to where Maximo Channel empties into Tampa Bay. Currently there is a "slow speed/minimum wake" zone in the waterway running west from Maximo Channel to Tampa Bay for the Leeland Street South bridge. This zone is currently designated as Zone 20 in Section 7-89(d)(20) of the St. Petersburg City Code. The proposed new zone will be contiguous with the east end of Zone 20. As creation of the proposed zone will connect with the current Zone 11 and Zone 20, essentially creating one extended "slow speed/minimum wake" zone, the Office of Boating Safety & Waterway Management has requested we consolidate the two existing zones with the proposed zone for permitting purposes. Thus, we have merged the two existing zones, currently established in Sections 7-80(d)(11) and 7-80(d)(20), with the proposed new zone, resulting in an enlarged Zone 11 described in subparagraphs a., b., and c. of Section 7-80(d)(11). These now contiguous zones will become one zone for the permitting process. DEFINITIONS: A definition of "Map" has been added in order to eliminate redundancy and excessive wording throughout the ordinance. Other definitions have been eliminated or added to conform definitions in the ordinance to those currently in the Florida Administrative Code. RECOMMENDATION : The Administration recommends adoption of the attached ordinance Administration

3 MAXIMO CHANNEL EXTENSION 49th Ave S co f ssz 54th Ave S 54th Ave S cn cn 5 < 0 ~ etersburg ~s 'ds I,1st ova ~ ~~~~ pve S LO T a m p a e a y LEGEND CURRENT ZONE 11 - Redesignated as Zone 11(a) CURRENT ZONE 20 - Redesignated as Zone 11(b) NEW ZONE - To be designated as Zone 114

4 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7-80 OF THE ST. PETERSBURG CITY CODE; ADDING AND AMENDING DEFINITIONS TO CONFORM TO CHAPTER 68D , FLORIDA ADMINISTRATIVE CODE ; CONSOLIDATING THE EXISTING ZONES 11 AND 20 AS ZONE 11 (A) AND (B) AND CREATING ANEW CONTIGUOUS ZONE I1 (C) ; PROVIDING FOR SEVERABILITY ; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY OF ST. PETERSBURG, FLORIDA, DOES ORDAIN : Section One. follows :. Section 7-80 of the St. Petersburg City Code is hereby amended to read as Sec Vessel speed regulation ; restricted vessel operation zones. (a) Definitions. For purposes of this section, the following definitions shall apply :, standing, wading in + j c water or for persons to use fix wate. for mry recreatiorml purpose except fm tj operation of a vessel or wind powered watercraft. Congested areas means waterways where, by virtue of their shape, size, or normal traffic levels, hazards may be created to persons or property by vessels traveling at too great of a speed. Operate means to navigate or otherwise use a vessel. Map means the official map depicting each of the zones described in this section, and legal descriptions accompanyin the Map, which are incorporated herein by reference. A copy of the Man shall be maintained on file for public inspection in the office of the Ci Clerk. Person means an individual, partnership, firm, corporation, association or other entity. Residential coves and canals means waters that shall generally be enclosed on two or three sides by land and contains private homes on the land bordering the water. Vessel means any kayak, canoe, boat, motorboat, or watercraft being propelled or powered by machinery or human power and includes personal watercraft such as, but not limited to, Jet Skis, Waverunners, Wavejammers and other similar one or two person vessels being propelled or powered by machinery, and air boats. Vessel exclusion zone means an area from which all vessels or certain classes of vessels are excluded. Examples include : a. No Vessels or Swim Area - All vessels of any _type are prohibited from entering the

5 marked area. b. No Entry Area - All vessels and all persons, either in vessels or swimming, diving-or wading prohibited from entering the marked area. Wake means all changes in the vertical height of the water surface caused by the passage of a vessel, including but not limited to, a vessel's bow wave, stern wake and propeller wash. (b) Operation standards. (1) "Slow speed/minimum wake" means that a vessel must be fully off plane and completely settled into the water. When under way in a posted "slow speed/minimum wake" zone, the vessel must proceed at a speed which is reasonable and prudent under the prevailing circumstances and which avoids the creation of an excessive wake or other hazardous condition which endangers or is reasonably likely to endanger other vessels irrthe-waterway or persons using the waterway. A vessel that is : a. Operating on a plane is not proceeding at this speed; b. In the process of coming off a plane and settling into the water or coming up onto a plane is not proceeding at this speed; c. Operating at a speed that creates a wake which unreasonably or unnecessarily endangers other vessels in the waterway or other persons using the waterway, or is reasonably likely to do so, is not proceeding at this speed ; d. Completely off-plane and which has fully settled into the water and is proceeding at a reasonable and prudent speed under the prevailing circumstances with little or no wake is proceeding at this speed. (2) "Idle speed/ no wake" means that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway, when under way in a posted "idle speed/no wake" zone. At no time is a 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. (c) Criteria for establishing zones. Restricted areas or zones may be established to protect the safety of the public in accordance with Section 68D , Florida Administrative Code, which is adopted by reference, as may be amended from time to time, (d) Establishment of Idle Speed/No Wake Zones, Slow Speed/Minimum Wake zones and Vessel Exclusion no batbing arenhw boats zones. (1) Zone 1. The waterways or portions of waterway areas known as Sun-Lit Cove as shown on the Man map and iegaf description attached hereto mid nrade a part hereo are hereby established as an Idle Speed/No Wake Zone. 2

6 (2) Zone 2. a. The waterways or portions of waterway areas known as Placido Bayou as shown on the Man map and legal description attached hereto and made a par hereof are hereby established as a Slow Speed/Minimum Wake Zone. b. The waterways or portions of waterway areas known or identified as the North-South channel running in a Northerly direction from Placido Bayou to Papys Bayou as shown on the Mat) map md legal description attached iwreto and made a part hereo ar e hereby established as an Idle Speed/No Wake Zone. (3) Zone 3. The waterways or portions of waterway areas known as Placido Bayou (A.K.A. Smacks Bayou) as shown on the Man rnap and legai description attached hereto and made a part hereof are hereby established as an Idle Speed/No Wake Zone. (4) Zone 4. The waterways or portions of waterway areas known as Placido Bayou as shown on the Map map and legal description attached hereto and made a part hereof are hereby established as an Idle Speed/No Wake Zone. (5) Zone 5. The waterways or portions of waterway areas known as the North Yacht Basin as shown on the Man tir ap and legai description attached hereto and trmde a part hcreo are hereby established as an Idle Speed/No Wake Zone. (6) Zone 6. The waterways or portions of waterway areas known as the Central Yacht Basin and the South Yacht Basin as shown on the Man map and legal description aftwhed hereto mid made a pat- hereof are hereby established as an Idle Speed/No Wake Zone. (7) Zone 7. The waterways or portions of waterway areas known as Bayboro Harbor and Salt Creek as shown on the Man rnap and legal description attached hereto and made a part hereo are hereby established as an Idle Speed/No Wake Zone. (8) Zone 8. The waterways or portions of waterway areas known as Big Bayou, Bayou Bonita and Little Bayou as shown on the Man map mid legai description attached hezeto and m a part hereof are hereby established as an Idle Speed/No Wake Zone. (9) Zone 9. The waterways or portions of waterway areas known as Frenchman Creek as shown on the Man map and legal description attached hereto and made a part hereof are hereby established as an Idle Speed/No Wake Zone. (10) Zone 10. The waterways or portions of waterway areas known as Maximo Marina and the access thereto as shown on the Man map wrd legal description attached hereto mid madc a part hereof are hereby established as an Idle Speed/No Wake Zone. (11) Zone 11. a. The waterways or portions of waterway area known as the Point Brittany 3

7 access to Boca Ciega Bay as shown on the Man map and legal descripti attached hereto and timde a part hereo are hereby established as a Slow Speed/Minimum Wake Zone. b. The waterways or portions of waterway areas on either side of the Leeland Street South Bridge as shown on the Map hereto and made a Vgt hereof are hereby established as a Slow Speed/Minimum Wake Zone. c. The waterways or portions of waterway areas south of the southern boundary established in subpart b above running south to Tampa Bay as shown on the Map timp mid legal description attached hereto and nmde a Daft-here-of are hereby established as a Slow Speed/Minimum Wake Zone. (12) Zone 12. The waterways or portions of waterway areas known as Placido Bayou as shown on the Man map and legaf desciriptioll attached hereto and made a part herec are hereby established as an Idle Speed/No Wake Zone. (13) Zone 13. The waterways or portions of waterway areas known as Coffee Pot Bayou as shown on the Man map and leo description attached hereto mid made a part hereof are hereby established as an Idle Speed/No Wake Zone. (14) Zone 14. The waterways or portions of waterway areas known as Spa Beach as shown on the Man map and legal description attached hereto mid made a pm t hereo are hereby established as a Swim Area BatfimgAcea~No Boats Zone. (15) Zone 15. The waterways or portions of waterway areas known as North Shore Beach as shown on the Map map and leo description attached hereto and made a part hereo are hereby established as a Swim Area Bathing2krea/No Boats Zone. (16) Zone 16. The waterways or portions of waterway areas known as Bayboro Harbor as shown on the Man map and legai description attached hereto and made a part h are hereby established as a Slow Speed/Minimum Wake Zone. (17) Zone 17. The waterways or portions of waterway areas known as Channel P-1 as shown on the Man nvt and leo description attached hereto and made a part hereo are hereby established as a Slow Speed/Minimum Wake Zone. (18) Zone 18. The waterways or portions of waterway areas known as Maximo Park as shown on the Map map and legzd description attached hereto and made a part hereof are hereby established as a Swim Area Bathing AaerdNo Boats Zone. (19) Zone 19. The waterways or portions of waterway areas on either side of the 79th Street South Bridge as shown on the Man are hereby established as a Slow Speed/Minimum Wake Zone. 4

8 (20) Zone 20. The waterways or portions of waterway areas on either side of tire heelmid Street Sotrth Bridge as shown on ffie hft map and legaf desctiptimi attached 1wreto and made a par hereof are hereby established as a Slow Speed/Nfinhn= Wake Zone. (21) Zone 21. The waterways or portions of waterway areas on either side of the Pinellas Bayway (Structure B) Bridge as shown on the Man map and legai descriptior attached her and made a part hereof are hereby established as a Slow Speed/Minimum Wake Zone. a1j (22) Zone 22. The waterways or portions of waterway areas on either side of the 62nd Avenue South Bridge as shown on the Man map and legal description attached hereto and rn a part herca are hereby established as a Slow Speed/Minimum Wake Zone. 22,) (2-3) Zone 23. The waterways or portions of waterway areas on either side of the Overlook Drive N.E. Bridge as shown on the Man rnap and legal description attached hereto and made- a-part ~hereaf are hereby established as a Slow Speed/Minimum Wake Zone. (24) Zone 24. The waterways or portions of waterway areas on either side of the Bayou Grande Boulevard Bridge as shown on the Man map wid legal description attached hereto mi made- are hereby established as a Slow Speed/Minimum Wake Zone. (e) Restrictions. (+) Zone restrictions. Except as provided for in this Section 7-80, it shall be unlawful for any person : a. To operate a vessel in an Idle Speed/No Wake Zone at a speed in excess of that specified by the Idle Speed/No Wake Operation Standard ; or b. To operate a vessel in a Slow Speed/Minimum Wake Zone at a speed in excess of that specified in the Slow Speed/Minimum Wake Operation Standard; or c. To operate any vessel or wind-powered watercraft in a No Vessels. Swim Area, or No Entry Area Bathing ArrealNo Boats Zone. (2) Effective date. The resftictions contained in t~hs Section 7-80 shail take effect ilrj eactil ZOM UP011.- ertification by the Mayor in a memormidwn addressed to mid filed with the eity elerk that swh zone hw been posted with appropriate signs to alert boaters of the existence of a Restri Boating Zorte. (f) Exemptions. (1) Government vessels. The restrictions set forth in this section shall not apply to vessels of any federal, state, county or municipal agency while operated by an officer, employee or agent thereof who is engaged in law enforcement or other necessary municipal or governmental activity. (2) Special events. Nothing in this section shall prevent the operation in thing any No Vessel, Swim Area, or No En, Area areas of vessels participating in a regularly scheduled meet or 5

9 boat race along a chartered course, when the course of the race has been approved by the Mayor. (3) The restrictions set forth in this section with respect to Zone 15 (North Shore Beach) shall not apply to those wind-powered watercraft known as wind surfers or human powered vessels. (g) Compliance with state law. The provisions of this section shall be read in pari materia with F.S. Ch (h) Penalties. Whoever violates any provision ofthis section shall be deemed to be charged with a non-criminal infraction and be subj ect to the penalties and procedures set forth in F. S , as it may be amended from time to time. Section Two. Severability. The provisions of this ordinance shall be deemed to be severable. If any portion of this ordinance is deemed unconstitutional, it shall not affect the constitutionality of any other portion of this ordinance. Section Three. Coding. As used in this ordinance, language appearing in struckthrough type is language in the City Code to be deleted, and underlined language is language to be added to the City Code, in the section, subsection, or other location where indicated. Language in the City Code not appearing in this ordinance continues in full force and effect unless the context clearly indicates otherwise. Section Four. Effective date. In the event this ordinance is not vetoed by the Mayor in accordance with the City Charter, it shall become effective upon expiration of the fifth business day after adoption unless the Mayor notifies the City Council through written notice filed with the City Clerk that the Mayor will not veto the ordinance, in which case the ordinance shall become effective immediately upon filing such written notice with the City Clerk. In the event this ordinance is vetoed by the Mayor in accordance with the City Charter, it shall not become effective unless and until the City Council overrides the veto in accordance with the City Charter, in which case it shall become effective immediately upon a successful vote to override the veto. Approved as to content : Approved as to form and content : Department City Atto y (D sign ) 6

10 NORTHEAST CORNER OF LOT 1, BLOCK 1, ISLA KEY REPLAT (PLAT BOOK 105, PAGE 36) NORTHWEST CORNER OF LOT REPUT of Bou1wAN sueavla 1, (PLAT BOOK 96, PAGE 66) /2 LAT LONG = C top` r N A19A LA LONG Pdi N~tyN U T l G L 9T O ~~ LONG ~~J s~f ~O may, ~K MARKER LAN MARKER 3 $ LONG? O LAN!~ LAT LONG V) z I 1~~~ },b " 3 $ "J ECKERD COLLEGE ~O V) z - 0 ' W z {7 MARK LAT e z ' so LONG Q p /8 NEW ARKER LAT O LONG. U J 4 ' o / m ~ g '6 s ~ t ~ ~K PAGE ~8 LLI unr t. pu,t 8 ~' 3.o ', e7~ INF', ~ ~~ 3. 9A,1,NAY 151FS i 5 "1'" Hwo ~ Y TAMPA BAY 0 0 Ln o CHK'D. BY: css 10/21/05 I DRAWN BY: JRT 10/21/05 REVISIONS BY DATE SCALE: MAP OF RESTRICTED SPEED ZONE MARINA BAY N. o T. S. NOTE: N NUMERICAL VALUES FOR LATITUDE ENGINEERING DEPARTMENT AND DATE LONGITUDE FURNISHED : 10/21/05 TO THE '~ CITY OF ST. PETERSBURG Ll- SURVEYOR BY OTHERS. DRAWING NO. SHEET 1 OF 2

11 DESCRIPTION FOR EXTENDED RESTRICTED SPEED ZONE THAT BODY OF WATER LYING SOUTH OF A LINE EXTENDING FROM THE NORTHEAST CORNER OF LOT 1, BLOCK 1, ISLA KEY REPLAT, RECORDED IN PLAT BOOK 105, PAGE 36, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TO THE NORTHWEST CORNER OF LOT 1, REPLAT OF BOUWMAN SUBDIVISION, RECORDED IN PLAT BOOK 96, PAGE 66, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA ; LYING NORTH OF A LINE WHICH IS A PROLONGATION OF THE SOUTH BOUNDARY LINE OF BLOCK 3, BAYWAY ISLES UNIT 1, RECORDED IN PLAT BOOK 60, PAGES 80-81, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TO THE BULKHEAD LINE AT ECKERD COLLEGE ; SAID BODY OF WATER ALSO LYING BETWEEN THE BULKHEAD LINES AS DEPICTED ON CITY ATLAS SHEETS L-29, L-31, L-33, M-29 AND M-31 ; SAID BODY OF WATER LYING IN SECTIONS 9 AND 10, TOWNSHIP 32 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA. SHEET 2 OF 2