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Ordinance No. 2023-016d= CLERWONT CITY OF CLERMONT . ORDINANCE NO.2023-016 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 70, WATERWAYS, ARTICLE III, REGULATIONS FOR PERSONAL WATERCRAFTS, SECTION 70-56, "REQUIREMENTS FOR WATERCRAFT RENTAL BUSINESSES"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has, in Chapter 166, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizens; and WHEREAS, the City Council determined that it is in the public interest to amend Chapter 70, Waterways, Article I1I, Regulations for Personal Watercrafts to update the sections on watercraft rental businesses. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, as follows: SECTION 1: Article III, "Regulations for Personal Watercrafts" is hereby amended to read as follows: Sec. 70-56. Requirements for watercraft rental businesses Any business lawfully engaged in the rental, leasing, bailment for consideration, or other provision of transportation for remuneration of watercrafts, for use by the public on any waterway of the City of Clermont, must meet the following requirements: (1) Generally. No person shall offer for rent, lease, or bailment for consideration a personal watercraft which is not registered in the name of the business, which does not have a valid Florida vessel registration number affixed thereon, which does not belong to a watercraft rental business holding a valid permit for such operations, and which does not otherwise comply with the provisions of this section. Commercial operators must keep a copy of their valid permit available at all times during which they perform business. (2) Operations offices. Each watercraft rental business must obtain a business tax receipt which shall be issued to the personal watercraft operations office. The personal watercraft operations office must be located at a land -based site on property not owned by the City of Clermont. Commercial operators shall immediately provide a business card, phone number, name, and address for such operations office, upon request from any City of Clermont personnel. S CLERMONT CITY OF CLERMONT �_ ORDINANCE NO.2023-016 (3) Permitted operations. Commercial watercraft businesses are only permitted to operate at the Clermont Boat Ramp to launch watercrafts, retrieve watercrafts, and perform related safety checks. Launching commercial watercrafts or conducting any aspect of business, including without limitation safety checks and retrieval, are not allowed at any other city -owned location. Commercial operators are limited to a maximum of six (6) Jet Skis. (4) Procedures. Except as otherwise provided herein, all transactions related to the watercraft rental, such as payment and reservations of rentals, must occur offsite on property not owned by the City of Clermont. Furthermore, all watercrafts must remain on their trailers until renters appear for their reserved appointment times. Elevator stacking to stage watercraft between rental appointments is permitted for up to two (2) hours. Commercial operators are required to submit the City's rental reservation form electronically twenty-four (24) hours in advance for all rentals. Reservations must be in advance. Same day rental reservations are not permitted. Commercial operators may not take on -site appointments for reservations. (5) Advertisements. Commercial operators are not permitted to advertise or solicit sales onsite at the Clermont Boat Ramp. This prohibition includes, without limitation, signage, tables, tents, banners, flyers, and in -person solicitation. Commercial operators may, however, feature the name of their company with reasonable branding on their vehicles, watercrafts, and trailers. (6) Parking fees. All commercial operators remain subject to the daily parking fees and regulations posted at the Clermont Boat Ramp. (7) Identification of watercrafts. Identifying markings shall be placed on each watercraft owned or operated by a commercial operator, which must clearly and legibly feature the commercial operator's name. (8) Fueling procedures. Commercial operators may not store fuel tanks on the shoreline. Fueling of watercrafts shall require a spill -proof nozzle or other acceptable device designed for prevention of fuel overflow. Any spillage of fuel onto any City of Clermont beach or into any City of Clermont waterways violates this chapter. (9) Safe handling instructions. Each patron of any commercial operator shall receive rules provided by the operator, which must feature the above -stated regulations in section 70-54 of this chapter. All commercial operators and patrons must also comply with all other boating and personal watercraft provisions existing in state law, such as those found in F.S. § 327.39. (10) Violations. Commercial operators who fail to fully comply with these regulations shall receive an initial warning. A second warning shall require the commercial operator to immediately cease operations and vacate the premises for the remainder of the day. A third violation shall result in the commercial operator forfeiting its permit and its ability to operate on any City of Clermont property. (11) Limitations. No person or entity shall offer for rent a watercraft within the City of Clermont except for a commercial operator that fully complies with the regulations set forth in this chapter. S CLERWONT CITY OF CLERMONT �— ORDINANCE NO.2023-016 SECTION 2: CONFLICT Any portion of the Code of Ordinances, City of Clermont, Florida or any ordinance or part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict. SECTION 3: SEVERABILITY It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 4: CODIFICATION The text of Section 1 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. SECTION 5: ADMINISTRATIVE CORRECTION Regardless of whether such inclusion in the Code as described in Section 6 is accomplished, sections 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 6: PUBLICATION & EFFECTIVE DATE This ordinance shall be published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. CIERWONT CITY OF CLERMONT — ORDINANCE NO.2023-016 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 25th day of April, 2023. CITY OF CLERMONT „/ Tim Murry, ayo Tracy Ackroyd Howe, MMC City Clerk TO FORM AND LEGALITY: