Ordinance No. 2021-014CITY OF CLERMONT
�.�,.. ORDINANCE N0.2021 014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA; AMENDING CHAPTER 70
"WATERWAYS" OF THE CODE OF ORDINANCES, AMENDING
ARTICLE I "SPEED LIMITS", SECTION 70-1 "AUTHORITY", SECTION
70-2 "DEFINITIONS", SECTION 70-3 "IDLE SPEED NO WAKE ZONES,
SECTION 70-4 "ADOPTION OF SPEED LIMITS" AND SECTION 70-5
"ENFORCEMENT AND PENALTY"; PROVIDING FOR THE ERECTION
OF SIGNS; PROVIDING FOR CONFLICT, SEVERABILITY,
CODIFICATION, THE ADMINISTRATIVE CORRECTION OF
SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS boating safety concerns were brought to the attention of the City of Clermont
around the boat ramps and within the City of Clermont waterways; and
WHEREAS, in 2008, the Florida Legislature transferred the authority for permitting speed
zones to the Florida Fish and Wildlife Conservation Commission making the permitting of
waterway speed zones more stringent and requiring all new speed zones to be adopted by ordinance
as per Florida Statutes 327.46(1)(b); and
WHEREAS, Florida Statutes 327.46(1)(b)I(a) authorizes the City of Clermont to establish
Idle Speed/No Wake boating safety zones by ordinance without additional agency approval within
500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available
for use by the general boating public on waterways not more than 500 feet in width; and
WHEREAS, the City Council of the City of Clermont, Lake County, Florida adopted
Ordinance No. 2020-31 on September 22, 2020 amending Chapter 70 of the Clermont Code of
Ordinances by creating Article 1, Sections 70-1 thru 704; and
WHEREAS, the Florida Fish and Wildlife Conservation Commission upon review of
adopted Ordinance No. 2020-31 requires changes to the adopting language from the City of
Clermont in order to be compliant with Florida statutes;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont,
Lake County, Florida as follows:
SECTION 1: RECITALS
The foregoing recitals are true and correct and incorporated herein by reference.
SECTION 2:
Chapter 70 "Waterways", Article I "Speed Limits, Section 70-1 "Authority"; Section 70-2
"Definitions"; Section 70-3 "Idle Speed/No Wake Zones"; Section 70-4 "Adoption of Speed
Page I 1 of 7
(9
CITY OF CLERMONT
0 ,�.. - ORDINANCE NO.2021-014
Limits" and Section 70-5 "Enforcement and Penalty" is hereby created to read as follows (note
strikethrough indicates removed words and underlined indicates added):
Article I "Speed Limits"
Section 70-1 "Authority"
The Clermont City Council is authorized by Florida Law and the Charter of the City of
Clermont and empowered to regulate vessel speed at which motorboats and vessels of all
kinds may be operated within the restricted zones.
Section 70-2 "Definitions"
As used in this Article, unless the context clearly requires a different meaning:
a) Vessel is synonymous with boat and means a motor or artificially propelled vehicle
and every other description of watercraft, whether motor propelled or not, including
barges and airboats, other than a seaplane on the water, used or capable of being
used as a means of transportation on water.
b) Motorboat means any boat or vessel propelled or powered by machinery.
c) Operator or Operation means to navigate or otherwise use such a boat or vessel.
d) Waters of the city means all waters lying within the boundaries of the City of such
a proportion to allow thereupon the operation of a vessel or a motor boat.
e) Idle speed — No Wake means that a vessel must proceed at a speed no greater than
that which will maintain steerage and headway.
Section 70-3 "Idle Speed/No Wake Zones"
(a) The following areas on Lake Minneola located within the incorporated waters of
the City of Clermont with non- restricted public access are declared Idle Speed. The waters
within 500 feet of the City of Clermont Boat Ramp and Lake Hiawatha on Lake Minneola
are idle speed. The following areas are public launching or landing facilities, and the
distances the boating restricted areas are granted under F.S.
(1) Area within 500ft. around the City of Clermont Boat Ramp more particularly
described and delineated by buoy markers/signs.
and
(2) Area within 500ft. around the Lake Hiawatha public landing facilities more
particularly described and delineated by buoy markers/signs.
(b) This section shall not apply in case of emergency nor to any law enforcement or
emergency services patrol or rescue boat.
Page 12 of 7
CITY OF CLERMONT
ORDINANCE NO.2021-014
Section 70-4 "Adoption of Speed Limits"
Speed limits, and subsequent amendments, shall be adopted by ordinance of the City
Council and shall not exceed or diminish speed limits set by the Lake County Board of
County Commissioners.
a) After adoption of such speed limit, slow speed or no -wake signs shall be posted
at all public boat -entrance ramps and public launching points along the portion
of the waterway specified in the resolution. Additional signs may be posted as
deemed necessary by the City Council and upon the approval of the required
county, state and federal regulatory agencies.
b) No person shall operate a boat at a rate of speed in excess of the slow speed
sign posted.
Section 70-5 "Enforcement and Penalties"
Enforcement and penalties shall be as provided by applicable law.
SECTION 3: SIGNS
The City of Clermont is hereby authorized to place such signage as it deems necessary in order to
notify the public of any Idle Speed/No Wake or other restrictive zones, and is authorized to
coordinate the production of such signage.
SECTION 4: CONFLICT
All ordinances or parts of ordinances, all City Code sections or parts of City Code sections, and
all resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the
extent of such conflict.
SECTION 5: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole.
SECTION 6: CODIFICATION
The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code. The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of "article" for 'ordinance", "section" for "paragraph", or otherwise to take such
editorial license.
Page 13 of 7
CITY OF CLERMONT
«a ORDINANCE NO.2021-014
SECTION 7: ADMINISTRATIVE CORRECTION
Regardless of whether such inclusion in the Code as described in Section 6 is accomplished,
section of the Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 8: PUBLICATION & EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take effect
immediately upon its Second Reading and Final Passage.
First Reading this 1 I' day of May, 2021.
Second Reading this 251 day of May, 2021.
Page 14 of 7
CITY OF CLERMONT
ORDINANCE NO.2021-014
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
on this 25th day of May, 2021.
CITY OF CLERMONT
=a.
Tim Murry, Ma or--'
City Clerk
LEGAL IN FORM AND
VALID ADOP ilk
1 �r
J
Daniel F. Mantzaris, City Attorney
Page 15 of 7
S
CITY OF CLERMONT
rd ORDINANCE NO.2021-014
ore
OWN
Page 17 of 7