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Home My WebLink About4091 ORDINANCE NO. 4091 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ESTABLISHING MOORING REGULATIONS; PROVIDING FOR FINDINGS AND LEGISLATIVE INTENT; PROVIDING LEGAL DESCRIPTION AND MAPPING WITHIN THE CITY LIMITS OF THE CITY IN LAKE MONROE; PROVIDING FOR ATTACHMENTS AND EXHIBITS; PROVIDING FOR DEFINTION; PROVIDING REQUIREMENTS FOR PRUDENT VESSEL OPERATION; PROVIDING DESIGNATION OF PUBLIC WORKS DIRECTOR AS MOORING AND PERMITTING CONTROL OFFICER; PROVIDING AUTHORIZATION FOR MOORING, PERMITTING AND RECORDATION PROCEDURES; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City limits of the City of Sanford include waters within Lake Monroe; and WHEREAS, within the area as described there is available space for the mooring of vessels; and WHEREAS, there is an existing need to provide for the just and orderly operation of marine mooring activities within the City limits of the City within Lake Monroe; and WHEREAS, a specific staff member needs to be designated as a Mooring Control OffICial; and WHEREAS, rules and requirements for protection of the health, safety, welfare of citizens, and the protection of property within the mooring area need immediate consideration, passage, and implementation; and WHEREAS, authorization for mooring, permitting authority, and recordation need implementation as a part of acceptable legislative procedures. NOW, THEREFORE, BE IT ENACTED BY THE CITIZENS OF THE CITY OF SANFORD, FLORIDA: SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The findings set forth in the recitals (whereas clauses) to this Ordinance are hereby adopted as legislative findings by the City Commission of the City of Sanford. SECTION 2. ESTABLISHING THE WATERS OF LAKE MONROE WITHIN THE CITY OF SANFORD. The waters of Lake Monroe within the City limits of the City of Sanford, Florida, are established by legal description as described in Exhibit A attached hereto and made a part hereof by this reference, SECTION 3. ESTABLISHING THE LAWFUL MOORING AREA WITHIN THE WATERS OF LAKE MONROE WITHIN THE CITY OF SANFORD. The mooring area for the lawful mooring of vessels is established by map attached hereto as Exhibit Band made a part hereof by this reference subject to the limitations legislated in Section 4 hereof as to the thatched 300' buffer. Excluding specifically those areas and waters in the entire East and West Basins of Marina Island, those waters within the 300' area which are subject to the provisions of Section 4 hereof, as described in Exhibit B and such other areas as shall be from time to time excluded by the Mooring Control Officer by lawful resolution of the City Commission. SECTION 4. ESTABLISHING THE PROTECTED MOORING AREA WITHIN THE WATERS OF LAKE MONROE WITHIN THE CITY OF SANFORD; OVERNIGHT PERMITTING. The 300' buffer area from the bulkhead/seawall as shown on Exhibit B is declared to by the "Protected Mooring Area" within the waters of Lake Monroe. Overnight mooring is authorized within the "Protected Mooring Area" by permit only, issued by the Mooring Control Officer. Ordinance No. 4091 Page 2 of 5 Temporary in-transit mooring within the "Protected Mooring Area" shall be authorized without the required overnight permit. SECTION 5. DEFINITION. As used in this Ordinance, the following term shall have the meaning as indicated: "Vessel" as used herein shall include boats of all sizes, powered by sail, machinery, or hand, and watercraft of any kind. SECTION 6. PRUDENT OPERATION OF VESSEL GUIDE. Vessels shall be operated within the Lake Monroe mooring area in a reasonable manner so as not to endanger persons or property or to cause excessive wash. In no case shall a vessel be operated within the Lake Monroe Mooring Area at such speed as is excessive and unreasonable so as to protect vessels moored within the area described in Exhibit B. SECTION 7. MOORING CONTROL OFFICER. The Public Works Director or designee is designated as the Mooring Control Officer of the City of Sanford, Florida. SECTION 8. CONTROL OF MOORING AREA. The Public Works Director will maintain control of the aforementioned Lake Monroe Mooring area as described in Section 3 and Section 4 hereof and permit and chart the mooring area showing current mooring location assignments and permitted mooring sites. SECTION 9. RECORD OF MOORINGS. The Public Works Director or designee shall maintain a written record of all basic information as to each mooring site including assigned locations, identifying number, vessel description, owner, mooring specifications and details, and such other additional data deemed useful by the vessel owner and the Public Works Director or designee for the protection of the vessel and the City Waterfront including but not limited to the seawall bulkhead and appurtenances, Ordinance No. 4091 Page 3 of 5 SECTION 10. LAWFUL MOORING AUTHORIZATIONS. No moorings shall be permitted, and no moorings shall be placed, utilized or allowed without written authorization from the Public Works Director for the mooring of a specific vessel within the lawful and protected mooring area as described in Section 3 and Section 4 hereof. SECTION 11. PENALTY PROVISION. A violation of any of the provisions of this Ordinance shall be deemed a civil violation. All violations are enforceable by Code Enforcement officer of the City of Sanford or any other law enforcement officer with jurisdiction in the City of Sanford upon the waters of Lake Monroe by citation in the form of a Code Enforcement infraction. Upon a determination by any Code Enforcement magistrate of a violation that occurred, the violator shall be fined not more than $100 for each violation. Each day a continuing violation exists shall be declared a separate violation of the provisions hereof. All fines collected hereunder shall inure to the general fund of the City of Sanford. SECTION 12. AUTHORIZATION FOR SPECIFIC AMENDMENTS. This legislative pronouncement shall be subject to modification, amendment, or supplement by action of the City Commission as it shall appear necessary to accomplish the legislative objectives of this Ordinance and for the protection of citizens traveling, mooring, and using the waters of Lake Monroe within the City limits of the City of Sanford, Florida. SECTION 13. CONFLICTS. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed SECTION 14. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said Ordinance No. 4091 Page 4 of 5 determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 15. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED and ADOPTED this 25th day of February, 2008. ATTEST: CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA ~MaY~~" CERTIFICA TE r"'~fl anet R. Dougherty, ity Cle I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4091, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 25th day of February, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 2yth day of February, 2008. ~A1ii<.l2w~ J et R. Dougherty, as e City C rk of the City of Sanford, Florida Ordinance No, 4091 Page 5 of 5 MOORING AREA LAKE MONROE legal Description Beginning from the western boundary of Mangoustine Avenue extending 1310 feet more or less North into the waters of lake Monroe from the Northerly edge of the concrete seawalllbulkhead, thence East a meandering distance of 10419 feet more or less to a point in the waters of lake Monroe a distance of 1039 feet more or less North of the northerly edge of the concrete seawall, then South from said point a distance of 300 feet more or less to the Northerly edge of the seawall at the Eastern boundary of Virginia Avenue. Excluding specifically those areas and waters in the entire East and West basin of Marina Island and those waters within the 300' area as described in Exhibit B. EXHIBIT A ~ 0:: ~ ~ :5 . i i ; : I i ! ; i , , : ! i i Ii! : E , .- .-.1 ib =0 I i i i i i ; i 1 L___..___.._ \+-->>o~t'~ ~ ~ 0 CD .s E e - - c 0 - ~ ca N ~ .t: 0 ~ ca - :J (lJ CD - :J UJ 0 ~ :t:: .... ;: '0 ~ E .... Q) a. C) c "t: 0 0 E 0 EXHIBIT B