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HomeMy WebLinkAboutOrdinance No. 2025-030 CITY OF CLERMONT dace d . ORDINANCE NO.2025-030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, REPEALING CHAPTER 40, ARTICLE III OF THE CITY CODE,AND PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS,on May 19,2025, Senate Bill 1388(the"Watercraft Energy Source Freedom Act")was signed by the Governor,creating section 327.75,Florida Statutes,effective July 1,2025; and WHEREAS, Section 327.75, Florida Statutes, was created with the intention that state agencies,municipalities, governmental entities, or counties are prohibited from restricting the use or sale of watercraft based on the energy source used to power the watercraft, including an energy source used for propulsion or for powering other functions of the watercraft; and WHEREAS, Chapter 40, Article III, Sections 40-50, 40-51, and 40-52 of the City Code currently prohibit the use of all gasoline-powered motors on boats and similar craft on the landlocked bodies of water within the city and impose fines for violations of this article; and WHEREAS,the Chapter 40, Article III of the city code is now repealed and reserved for future use in order to comply with Florida Law. SECTION 1: AUTHORITY The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166,Florida Statutes. SECTION 2: REPEALING SECTION 40-50 Chapter 40, "Waterways," Article III, "Boat Restrictions," Sec 40-50 "Penalty for violation of article,"is hereby repealed and Sec 40-50 is reserved for future use: SECTION 3: REPEALING SECTION 40-51 Chapter 40, "Waterways,"Article III, "Boat Restrictions," Sec 40-51 "Determinations by council," is hereby amended to read as follows: CODING:Words stricken are deletions;words underlined are additions; **** denote omitted text. d : CITY OF CLERMONT xx CL � ORDINANCE NO. 2025-030 SECTION 4: REPEALING SECTION 40-52 Chapter 40, "Waterways," Article III, "Boat Restrictions", Sec 40-52 "Gasoline-powered motors; prohibited use or operation," is hereby repealed and Sec 40-52 is reserved for future use: (a) The use of any and all gasoline powered motors on boats or other like craft on any SECTION 5: CONFLICT All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are hereby repealed. SECTION 6: 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 validityof the remainder would clearlyand without doubt contradict or frustrate the intent of the Ordinance as a whole. SECTION 7: CODIFICATION The text of Section 2 to 4 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 8: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR Regardless of whether such inclusion in the Code as described in Section 7 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. CODING: Words stricken are deletions;words underlined are additions; **** denote omitted text. CITY OF CLERMONT CChace or Champions R ORDINANCE NO. 2025-030 SECTION 9: PUBLICATION AND 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. CODING: Words stricken are deletions;words underlined are additions; ****denote omitted text. ds; CITY OF CLERMONT C R ons ORDINANCE NO. 2025-030 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 26th day of August,2025. CITY OF CLERMONT,FLORIDA Tim Mu or �' Y A IT EST /j(v.77 Tracy Ackroy Howe,MMC City Clerk APPROVED AS TO FORM AND LEGALITY #7,/ Christian W. Wa h, City Attorney nt e±..rA CODING:Words stricken are deletions;words underlined are additions; ****denote omitted text.