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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