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Ordinance No. 2021-016CITY OF CLERMONT .� ORDINANCE NO.2021-016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; AMENDING CHAPTER 70 "WATERWAYS" OF THE CODE OF ORDINANCES TO ESTABLISH ARTICLE III; CREATING SECTION 70-34 "DEFINITIONS"; CREATING SECTION 70-35 "REQUIREMENTS FOR OPERATING PERSONAL WATERCRAFTS"; SECTION 70-36 "REGULATIONS FOR WATERCRAFT RENTAL BUSINESSES"; SECTION 70-37 "PERMITS FOR WATERCRAFT RENTAL BUSINESSES"; SECTION 70-38 "ENFORCEMENT"; AND PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, ADMINISTRATIVE CORRECTION OF SCRIVENERS ERRORS, PUBLICATION, AND EFFECTIVE DATE. WHEREAS, watercraft 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, the Clermont City Council recognizes that regulation of personal watercrafts and businesses engaging in rentals of personal watercrafts and other vessels is necessary for the health, safety, and welfare of the boating public. 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: TERMS Article III "Regulations for Personal Watercrafts" of Chapter 70 "Waterways" is hereby created to read as follows: Article III "Regulations for Personal Watercrafts" Section 70-34 "Definitions" Commercial Operator. As used in this Chapter, "commercial operator" or "commercial operators" shall mean and refer to any business lawfully engaged in the rental, leasing, bailment for consideration, or other provision of transportation for remuneration of watercrafts as defined in this Section. Personal Watercraft. As used in this Chapter, "personal watercraft" or "personal watercrafts" shall mean and refer to vessels less than sixteen feet in length that use an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather Page 1 of 7 CITY OF CLERMONT �.ar.t ORDINANCE NO.2021-016 than in the conventional manner of sitting or standing inside the vessel. See Fla. Stat. § 327.02(36). Watercraft. As used in this Chapter, "watercraft" or "watercrafts" shall mean and refer to both vessels, as defined in Florida Statutes § 327.02(46), and personal watercrafts, as defined in this Section and Florida Statutes § 327.02(36). Messed. As used in this Chapter, "vessel" or "vessels" shall mean and refer to every boat, barge, airboat, or other vehicle capable of being used as a means of transportation on water, except for seaplanes. See Fla. Stat. § 327.02(46). Section 70-35 "Re uirements for Individuals Operating Personal Watercrafts" (a) Every person operating, riding, or towing behind a personal watercraft must wear an approved non -inflatable wearable personal flotation device. Inflatable personal flotation devices are expressly prohibited for personal watercraft use. (b) The operator of a personal watercraft must attach the engine cutoff switch lanyard, if operating a model equipped with one, to his or her person, clothing, or personal flotation device. (c) Personal watercrafts shall not be operated from the half hour after sunset to the half hour before sunrise, even with the use of navigation lights. However, agents or employees of law enforcement agencies and other first responders are exempt from this subsection while performing their official duties. (d) A person must be at least fourteen years of age to operate a personal watercraft and at least eighteen years of age to rent a personal watercraft. Under state law, it constitutes a second-degree misdemeanor for a person to knowingly allow a person under the age of fourteen to operate a personal watercraft. (e) Anyone born on or after January 1, 1988, must either successfully complete a National Association of State Boating Law Administrators (NASBLA) approved boating education course, pass an equivalency course, or otherwise obtain temporary certification from these courses. In addition to successfully completing such courses, individuals must also possess a boating education identification card and photo identification card, before they may operate a vessel with a motor of ten horsepower or greater. (1) Identification cards for persons completing the NASBLA course or the equivalency exam shall remain in effect for life. (2) Temporary certificates shall remain valid for twelve months after the issue date. (f) All personal watercrafts must be operated in a reasonable and prudent manner. Failure to operate a personal watercraft in such reasonable and prudent manner shall constitute careless boating in violation of this Chapter. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property shall also constitute reckless operation of a vehicle in violation of this Chapter, which includes without limitation, weaving Page 2 of 7 CITY OF CLERMONT d.. ORDINANCE NO.2021-016 through congested vehicle traffic, jumping the wake of another vessel or watercraft in a manner unnecessarily close to such other vehicle or when obstructed in visibility around such other vehicle, and swerving at the last moment to avoid a collision. (g) Operators of personal watercrafts must comply with all other applicable boating and personal watercraft provisions of state law, such as those found in Florida Statutes § 327.39. Section 70-36 "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: (a) 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. (b) 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. (c) 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. (d) 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. Commercial operators are strictly prohibited from beaching watercrafts for staging. Commercial operators also may not take on -site appointments for reservations. (e) 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 Page 3 of 7 CITY OF CLERMONT ORDINANCE NO.2021-016 may, however, feature the name of their company with reasonable branding on their vehicles, watercrafs, and trailers. (f) Parking Fees. All. commercial operators remain subject to the daily parking fees and regulations posted at the Clermont Boat Ramp. (g) 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. (h) Fueling Procedures. Commercial operators may not store fuel tanks on the shoreline. Fueling of watercrafs 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. (i) 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 70-34 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 Florida Statutes § 327.39. (j) 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. (k) Limitations. No person or entity shall offer for rent a watercraft or within the City of Clermont except for a commercial operator that fully complies with the regulations set forth in this Chapter. Section 70-37 "Permits for Watercraft Rental Businesses" (a) Each commercial operator must annually renew its permit and pay the related fee, as set forth by the provisions of this Chapter and the City Council, respectively. (b) The permit provided herein shall include the name and contact information for an authorized representative of the watercraft rental business and the original or an identical copy thereof, shall be prominently displayed at all times on any vehicle, including any trailers, operated or used by the business. (c) As an additional condition for the approval of the permit hereunder, the water craft rental business shall provide to City in such form as may be required by the City, proof of valid and current general liability insurance, insuring it against all claims made by any person or persons for personal injuries or property damage incurred in connection with the operation of the water craft with minimum policy limits for personal injuries of $1,000,000 per person and $2,000,000 per occurrence, and for property damages of $100,000. The permit shall provide that in the event that said policy is ever canceled or Page 4 of 7 CITY OF CLERMONT ORDINANCE NO.2021-016 terminated, Grantee shall notify City immediately with the name and proof of the replacement insurance carrier and policy. (d) The City Council shall establish, by simple resolution, the annual fee for the permit necessary to operate a watercraft rental business, as required by Section 70-35 of this Chapter. Section 70-38 "Enforcement" Notwithstanding anything contained herein to the contrary, the City may enforce this article by alternate means including, but not limited to: code enforcement or code citations pursuant to Florida Statutes Chapter 162, part I or II; by civil action, including petitions to enjoin persons violating this article; or by any other means available by law. SECTION 3: 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 4: 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 5: 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. SECTION 6: ADMINISTRATIVE CORRECTION Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, this 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. Page 5 of 7 CITY OF CLERMONT ORDINANCE NO.2021-016 SECTION 7: 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 25th day of May, 2021. Second Reading this 8th day of June, 2021. Page 6 of 7 (9;. CITY OF CLERMONT ORDINANCE NO.2021-016 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 8th day of June, 2021. �X'Vti Tim Murry, Mayhr City Clerk LEGAL 1N FORM AND VALID AS ADOPTED: D e ' , ity Attorney Page 7 of 7