Ordinance No. 2022-030CITY OF CLERMONT
ORDINANCE NO.2022-030
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"; SECTION 70-57, "PERMITS
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 III, 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:
SECTION1:
Article III, "Regulations for Personal Watercrafts" is hereby amended to read as follows; (note
strikethrough indicates removed words and underlined indicates added):
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.
CITY OF CLERMONT
ORDINANCE NO.2022-030
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.
(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.
beavSirg wmew r fec otagieg. Elevator stacking to stage watercraft between rental
appointments is vermitted for up to one (1) hour. Commercial operators are required to submit
the Cicv's rental reservation form electronically twentv-four (24) hours in advance for all rentals.
Reservations must be in advance. Same day rental reservations are not permitted.. Commercial
operators alse 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.
CITY OF CLERMONT
ORDINANCE NO.2022-030
(11) Limitations. No person or entity shall offer for rent a watercraft er within the City of
Clermont except for a commercial operator that fully complies with the regulations set forth in
this chapter.
Sec. 70-57. 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. The City will permit a
maximum of five (5) commercial watercraft businesses simultaneously. All commercial
watercraft businesses with a valid permit on Au-qust 9.2022 will have the opportunity to renew
their vermit up to 30 days, after the expiration date.,
(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 $1,000,000.00 per person and
$2,000,000.00 per occurrence, and for property damages of $100,000.00. The permit shall
provide that in the event that said policy is ever canceled or 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 70-55 of this chapter.
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.
' N Tr CITY OF CLERMONT
. ORDINANCE NO.2022-030
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: ADAU ISTRATIVE 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.
CITY OF CLERMONT
ORDINANCE NO.2022-030
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida
on this 9th day of August, 2022.
CITY OF CLERMONT
Tim M , Ma
ATTEST.
Tracy Ackroyd owe, MMC
City Clerk
TO FORM AND LEGALITY:
:'e' Mantzaris, C orney