Revisions to City Proposed Boat Length Ordinance to be heard by Coral Gables City Commission

PLEASE NOTE: (1) UNDERLINED WORDS OR SENTENCES INDICATE THE
PROPOSED CHANGES TO THE CITY CODE; (2) WORDS OR SENTENCES IN RED
INDICATE ADDITIONAL CHANGES FROM THE ORDINANCE DISTRIBUTED ON

MAY 8, 2008.

Ordinance No.:________
Amended Waterways Ordinance
Page 1 of 6

CITY OF CORAL GABLES, FLORIDA
ORDINANCE NO. 2008-_____
AN ORDINANCE AMENDING CITY CODE CHAPTER 86, ENTITLED

"WATERWAYS", DIVISION 2, ENTITLED "ANCHORING, MOORING, ETC.";

IN PARTICULAR, SECTION 86-59, ENTITLED "TO ABUTTING PROPERTY",

BY RESTRICTING THE PLACEMENT AND PROJECTION OF BOATS OR

WATERCRAFT WHEN ANCHORED, MOORED, OR TIED UP TO

WATERFRONT PROPERTY; SECTION 86-60, ENTITLED "OTHER THAN

ABUTTING PROPERTY" BY ALLOWING ANCHORING OR MOORING OF

BOATS OR WATERCRAFT TO OTHERS DURING DOCK CONSTRUCTION

OR IMPROVEMENTS, SUBJECT TO SUFFICIENT ACCESS FOR SAFE

NAVIGATION; SECTION 86-61, ENTITLED "ENFORCEMENT BY CHIEF OF

POLICE" BY FURTHER AUTHORIZING CODE ENFORCEMENT OFFICERS

TO ENFORCE CERTAIN PROVISIONS OF THE CODE; ADDING SECTION 86-62,

ENTITLED "DEFINITIONS"; DIVISION 3, ENTITLED "OCEAN AND

WATERWAY REGULATIONS", MODIFYING THE TITLE OF SECTION 86-84,

TO "WATERCRAFT AS HAZARDS; UNOBSTRUCTED WATERWAYS", IN

ADDITION WITHIN THE SAME SECTION, DECLARING IT UNLAWFUL TO

POSITION A BOAT OR WATERCRAFT IN SUCH A WAY TO INTERFERE

WITH THE NAVIGATION THROUGH THE CITY WATERWAYS; AND

FURTHER AMENDING SECTION 86-86, ENTITLED "HURRICANE

PROCEDURE- REGULATIONS", BY DECLARING IT UNLAWFUL TO MOOR

A BOAT OR WATERCRAFT TO PRIVATE PROPERTY WITHOUT CONSENT;

PROVIDING FOR SEVERABILITY, REPEALER, CODIFICATION, AND AN

EFFECTIVE DATE

WHEREAS, the City of Coral Gables Commission finds that there is an alarminging increase of large boats and commercial watercraft which are being anchored, moored or tied up to waterfront properties within the city limits which have had a deleterious effect upon the City’s residents, marine life, and the navigability of the city waterways; and


WHEREAS, the Florida Statutes Section 253.141 provides that riparian rights are thoseincident to land bordering upon navigable waters and include the rights of ingress, egress, boating, bathing, and fishing and such others as may be or have been defined by law (Also see, Thiesen v. Gulf, F. & A., Ry. Co. 78 So.2d 491 (Fla. 1918))