HomeMy WebLinkAbout4759 Downtown Sanford Marina - City Managed and OperatedOrdinance No. 2023-4759
An ordinance of the City of Sanford, Florida relating to the Downtown
Sanford Marina; providing for legislative findings and intent; providing
for an array of rules and regulations; providing for enforcement and
penalties; providing for implementing administrative actions;
providing for a savings provision; providing for conflicts; providing
for severability; providing for codification and the correction of
scrivener's errors and providing for an effective date.
Whereas, lying along the St. Johns River on Lake Monroe, the Downtown
Sanford Marina offers a beautiful and seamless boating experience being the first marine
facility in Florida to achieve Clean Marina, Clean Boatyard, and Clean Retailer
designations—an accomplishment of which City is proud the Downtown Sanford Marina
being home to U -Sail of Central Florida and the St. Johns Rivership Company; and
Whereas, on shore, the stunning Sanford Riverwalk meanders along both
sides of the marina, and Historic Downtown Sanford's shops and award-winning
restaurants are only a few blocks away with the City of Sanford's central Florida location
allowing easy access to the Orlando area's world-famous attractions, Daytona, and
beaches; and.
Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance; and
Whereas, legislative coding is used in this Ordinance and the following coding
may be used: underlined words shall constitute additions to the current text of the City
Code, and strike +h Fe g4 shall constitute deletions to current text of the City Code.
Now, Therefore, Be It Enacted By The People Of The City Of Sanford, Florida:
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Section 1. Legislative findings and intent.
The City Commission of the City of Sanford hereby adopts and incorporates into
this Ordinance the City staff report and City Commission agenda memorandum relating
to this Ordinance.
Section 2. City Marina. Article VI of Chapter 94 of the Code of Ordinances of
the City of Sanford (City Code), is substantially revised, amended and supplemented to
read as follows:
ARTICLE VI. DOWNTOWN SANFORD MARINA
Sec. 94-177. Legislative findings and intent.
{-fa)—There are about 2,000 marinas operating in Florida today and hundreds of
thousands of boaters use Florida's natural water resources every day. The Marine
Industries Association of Florida states boating in Florida impacts the state as a water
intensive industry that includes marinas, boatyards and boaters which generates about
$10,000,000,000.00 of economic activity annually. A[s] part of the management of the
Downtown Sanford Marina, the City should engage in activities such [as] a clean marina
action plan, assessments of Downtown Sanford Marina environmental measures, the
development and implementation of best management practices, and an annual self-
assessment relative to facility operations and fiscal matters. The City should ensure that
the Downtown Sanford Marina operates in a way that benefits the citizens of the City and
in accordance with City -established policies, rules, regulations and guidelines that are
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effectively used in the administration of the program to ensure that the Downtown Sanford
Marina is managed in a competent manner in the public interest.
(b). The City Commission hereby finds and determines that the insecure and
improper mooring of vessels in City waters including, but not limited to the St. Johns River
on Lake Monroe, increases the danger of grounding and breaking loose of the said
vessels and thereby endangers navigation, life and property; that insecurely and
improperly moored vessels have broken loose in the past and damaged bridges,
structures, and other valuable property; that scrap and derelict vessels occupy areas
which could be developed as berths for economically active and attractive vessels; that
scrap and derelict vessels moored or sunk in City waters including but not limited to the
St. Johns River on Lake Monroe, are unsightly, a danger to navigation, and a detriment
to tourism and to property values; that the release of pollutants, the infestation of rats and
the breeding of mosquitoes on derelict vessels moored upon City waters including, but
not limited to the St. Johns River on Lake Monroe, constitute dangers to public health,
and that derelict or sunken vessels often constitute attractive nuisances that endanger
the lives and safety of children. The City hereby declares its intention that the provisions
of this Ordinance are not intended and should not be construed as in any way superseding
or attempting to conflict with applicable statutes, ordinances, rules or regulations of the
Federal government or of the State of Florida, but are intended to supplement any such
enactments or provisions.
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Sec. 94-178. Creation of Sanford Marina fund.
(a). Recognizinq that the Downtown Sanford Marina serves as a steward of the
environment and as family-friendlyaq teways to water based recreational and commercial
activities, it is vital to the best interests of the City to provide a dedicated and sustainable
source of funding for vital capital repair and improvement projects, and as a source of
match funding for capitalrag nt opportunities. Accordingly, there TheFe is hereby
established and created a Downtown Sanford Marina fund, which fund shall be utilized
and expended only for the purposes of activities and programs associated with the
Downtown Sanford Marina, such as, but not limited to, capital and other improvements
and repairs, as determined by the City Commission or the City Manager, or designee,
from time to time.
(b). Funds deposited into the Downtown Sanford Marina fund shall initially
derive from all funding sources as may be available as determined by the City Manager
from time to time.
(c). The City shall actively seek grants from governmental and other agencies
and entities for the benefit of the Downtown Sanford Marina.
Sec. 94-179. Implementing administrative actions; rules and regulations.
(a). The City Manager, or designee, is hereby authorized and directed to
implement the provisions of this article and to take any and all necessary administrative
actions to bring into effect the provisions of this article, including, but not limited to, the
actions of the City's Finance Director relating to auditing and accounting matters in
accordance with sound and generally accepted, or mandated, fiscal and financial
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management practices and principles. All rules and regulations shall be executed by
Marina boat owners, provided a copy of such rules and regulations, and posted at the
Downtown Sanford Marina and otherwise made public by publication on the -Downtown
Sanford Marina website and by such other means as determined by the City Manager, or
designee.
(b). Further, in order to effectively manage and utilize the Downtown Sanford
Marina, the City Manager shall promulgate rules and regulations that are enforceable as
a violation of this article which pertain, as a minimum, to adherence to directives issued
by the City, conducting all activities within the Downtown Sanford Marina in compliance
with the current applicable United States Coast Guard navigation and all applicable
Federal, State and County requirements, the regulation of commercial operations and
business venture (by way of example, only charters, rentals, Airbnb and the like), report
of accidents, insurance requirements amounts of liability are determined upon evaluation
by the City risk management personnel, vessel and non -vessel storage, hours of
operation, advertising and displays, signage, boat owners' and Downtown Sanford Marina
users' responsibilities, maintenance requirements, environmental pollution and
sanitation, animals, lost and found or abandoned property, rules of conduct, fire and
safety, and fueling and fuel dock procedures.
(c). When an action is subject to approval by the City Manager, or designee,
that shall mean permitting by the City in accordance with its processes and procedures
and the payment of an application fee and a permit fee as established by the City
Manager.
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(d). The City Manager, or designee, shall appoint a dockmaster to manage and
operate the Downtown Sanford Marina who shall manage the routine logistics and
operations of the Downtown Sanford Marina and implement any management contract
with the City and has responsibilities that include, but are not limited to, cleaning, fueling
and storing boats as well as assisting boaters dock and undock, and enforcing marina
rules to ensure safety.
(e). In order for a licensee to rely upon an authorization or permit issued under
the provisions of this Ordinance, the licensee must have written evidence of such
authorization or permission being granted by the Ci!y.
Grounding of vessel; prohibition.
It is prohibited and unlawful to ground or run aground a vessel within the Downtown
Sanford Marina or within any City waters meaning that it is prohibited and unlawful to rest
a vessel on the bed or bottom of the Downtown Sanford Marina or City waters or on the
waterway side, except as provided by the City Manager.
Mooring to certain features or structures prohibited.
It is prohibited and unlawful to moor a vessel to trees, shrubs, houses or other
buildings on shore, or to bridges, bridge approaches, bridge fenders, or piles driven or
placed for the protection of bridges or their approaches, or any navigational aid within the
within the Downtown Sanford Marina or within any City waters.
Adequate mooring lines required.
All moored vessels shall be secured by an attachment with sufficient strength
comparable to the lines required for the size and type of vessel hereinafter specified.
Vessels moored to piles or vessels moored to structures which are separated from the
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shoreline must be secured by at least 4 lines each having a minimum working strength of
the combined total of lines required for a vessel of its size. Vessels moored or anchored
in such a manner to allow the vessel to swing 360 degrees around the mooring shall only
be required to have a single line to the mooringhaving the minimum working stren tcth of
one-half of the combined total of lines required for a vessel of its size all as determined
by the dockrmaster of the Downtown Sanford Marina.
Mooring to City property, bridges, fender systems, public bank, etc. prohibited;
emergency exception.
(a). The mooring of vessels to City -owned or City -controlled property shall be
unlawful unless authorized by the City Manager.
(b). The mooring of vessels in such manner as to encroach or obstruct any
established channel within the City is prohibited and unlawful.
(c). It is prohibited and unlawful to moor a vessel to public bridges, bridge
approaches fender systems or piles driven for the protection of bridges or their
approaches or to any City owned bank or shore unless otherwise lawful under a lease
or permit issued by the governmental body having jurisdiction thereof.
(d). It is prohibited and unlawful to moor a vessel in the area between the bank
or shore owned by the City and the bridge fendersystem.
(e) This prohibition shall not be interpreted to prohibit temporary docking to any
structure during an emergency. Temporary shall be a period of time not exceeding 24
hours. An emergency shall be any structural defect in the vessel, caused by either a
normal breakdown or collision which would render the vessel a hazard to navigation if
not immediately moored to structures or any weather condition which seriously
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endangers a vessel and which would render the vessel a hazard to navigation if not
moored to any of the structures or as so determined by the City Manager or designee.
Public property abutting water; use restricted.
It is prohibited and unlawful to use any City -owned property abutting water, except
as permitted at City marinas, or as otherwise authorized by the City Manager. The use of
City -owned property prohibited by this section includes, but is not limited to, use for
mooring, docking, typing up vessels or dinghies, or for landing operations of vessels, and
use for storage, construction, repair or maintenance purposes. The term "City -owned
property abutting water" includes, but is not limited to, the ends of any streets, roads or
public ways; parkland, land where public buildings are located, or anVCity land
whatsoever, whether or not it is leased to others by the City, which abuts, borders or is
adjacent to water.
Water in bilges.
(a) Not more than one foot of water shall be permitted to remain in the bilges
of any vessel for a period of more than 1 week. The measurement to determine the depth
of water in the bilges shall be at any point along the length of the vessel, but only at points
one-half the distance from the amidship line to the outboard edge of the hull or hulls
measured along the horizontal plane of the main deck.
(b). It is prohibited and unlawful to discharge bilge water contaminated with oil,
fuel, or other regulated contaminants onto surface waters or on upland.
Operation and regulation generally.
The Downtown Sanford Marina has been designed and built by the City primarily
in order to afford the local and cruising vessel operators appropriate facilities and
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accommodations, and secondarily to provide convenient and appropriate commercial
vessel facilities for the pleasure and service of both citizens of Sanford and tourists. The
berthing docking, anchoring or mooring of vessels and other activities and operations at
the Downtown Sanford Marina shall be in conformance with the regulations adopted by
the City Manager. Berths, docks, moorings and anchorages will be assigned only by the
City Manager, or designee. Downtown Sanford Marina regulations shall be premised
upon the maintenance of sanitary and sightly conditions, orderliness and the preservation
of the public health, safety, peace, welfare and convenience in the use of the Downtown
Sanford Marina for the purposes for which established. Only vessels in good condition
and under their own power (not paddle, oar or makeshift sail) will be permitted to berth,
dock, moor or anchor. The owners or captains of all vessels desiring space the Downtown
Sanford Marina shall be required to execute a dockage agreement, prior to provision of
such accommodation, and shall be bound to abide by the rules and regulations of the
Downtown Sanford Marina, as well as those set forth in this Ordinance. By entering such
a dockage agreement a person or entity shall be a licensee with no rights other than a
licensee subject to the provisions of this Ordinance and implementing rules and
regulations. Non-compliance with any City agreement shall be cause for removal or
termination of a dockage agreement and failure to conform to the rules and regulations
shall constitutes sufficient cause for City termination of the dockage agreement and,
when appropriate, shall subject the person or entity entering the agreement or any other
party violating the provisions of this Ordinance to the enforcement and penalties of
Section 1-7 of the City Code and the award of charges, fees and costs set forth herein or
adopted by rule or regulation of the City Manager, or designee. If an owner or captain
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refuses to remove a vessel after termination of a dockage agreement for cause, the City
may remove the vessel from its berthing, docking, mooring or anchorage space at the
owner's risk and expense and may take possession of the space, relet the same and may
retain any balance or prepaid rental as liquidated damages and not as a penalty as well
as seek any and all other legal remedies as determined by the City Aftorney_
Limitations on City liability.
The dockage agreement is for the use of pier space only, such space to be used
at the sole risk of the vessel owner and those using the vessel, and the City shall not be
liable for the care or protection of any vessel, its appurtenances or contents, or for any
loss or damage of any kind or nature whatsoever to the vessel, its appurtenances or
contents, however caused. There is no warranty of any kind, express or implied, as to the
condition of the piers, walks, gangways, ramps or mooring gear. The City is not and shall
not be responsible for injuries to persons or property occurring upon City property not
caused by the negligent acts of the City or its personnel as limited by the controlling
provisions of law including, but not limited to, the provisions of Section 768.28, Florida
Statutes.
Assignment of berths by City.
Berths at the Downtown Sanford Marina shall be assigned as it appears best for
the interests of the City, taking into consideration the availability of berths, the size of the
vessel, and the services to be rendered by the vessel. No changes in assignment shall
be made except as approved by the dockmaster.
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Access to piers restricted.
It is prohibited and unlawful to, except in the case of emergency or except for
marina employees, licensees and their bona fide quests and commercial vessel
customers, to gain access to City -owned and operated piers within the City.
Soliciting prohibited.
It is prohibited and unlawful to solicit for any purpose upon the marinas property of
the City except as may be authorized by State law or permitted by the City Manager, or
designee
Motorized vehicles on piers limited.
It is prohibited and unlawful to ride, drive, store or otherwise permit any motorized
vehicle other than a City vehicle on a City pier, except in the case of an emergencV.
Swimming, diving or fishing in marina waters prohibited.
It is prohibited and unlawful to swim, dive or fish in the waters of the Downtown
Sanford Marina.
Consumption of alcoholic beverages.
It prohibited and unlawful to consume any alcoholic beverages in public on any
piers or walkways of the Downtown Sanford Marina. It is not the intent of this Section to
prohibit social drinking aboard authorized vessels or in the ship store by guests and
licensees of the Downtown Sanford Marina or in establishments licensed by the City.
Electrical power and fresh water exclusively for use of vessel occupying berth.
The electrical power and fresh water provided at the Downtown Sanford Marina
shall be used exclusively by and for the vessel occupying a berth as authorized by
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agreement. It is prohibited and unlawful for either the licensee or any other person to use
either the electrical power or fresh water for any purpose other than to supply power and
water to the vessel officially assigned to that berth by agreement on record at the
dockmaster's office. It is prohibited and unlawful to use water siphons except in the case
of an emergency. Fresh water provided by the City shall not be used as a cooling agent
for equipment on vessels.
Marina shower and toilet facilities; access -generally; keys.
(a). The unauthorized use of the licensee shower facilities at the Downtown
Sanford Marina, to the extent available, is prohibited and unlawful and for, by way of
example only, it is It is prohibited and unlawful for a person who is not either a paying
licensee or a bona fide quest of a pang licensee to make use of such shower facilities.
(b). Downtown Sanford Marina shower or -toilet keys may be issued for
licensees and their guests only, and licensees found duplicating the keys for issuance to
unauthorized persons, or otherwise providing them to unauthorized persons, shall have
their dockage agreement cancelled. Shower or -toilet facilities shall not be made available
to the general public unless authorized by the City.
(c). Keys to pier gates and marina toilet or -shower facilities, as applicable, may
be issued by the dockmaster to each qualified vessel or business on receipt of a deposit.
The key deposit at shall be determined by the City Manager, or designee, and may be
refunded upon return of such key or shall be retained if the key is not returned or if other
sums are due to the City. Shower or -toilet facilities shall not be made available to the
general public unless authorized by the City
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Restriction on domestic pets.
Domestic pets are permitted, provided they are kept leashed when not confined
aboard, do not disturb other guests and do not create a nuisance. Licensees whose pets
are not controlled in accordance with these restrictions shall remove their vessel from the
Downtown Sanford Marina.
Maintaining vessel appearance.
(a). It is prohibited and unlawful for any person who owns, is in charge of, or is
aboard any vessel located at City property to display any advertisement or exhibit any
sign, or hang any washing or laundry upon any part of the vessel where it can be seen or
is visible from any premises in the immediate vicinity except for a single "for sale" sign,
not to exceed 1 square foot which may be displayed on a vessel.
(b). It shall be the responsibility of licensees to keep their vessel in such
condition that they do not become unsightly or dilapidated or reflect unfavorably on the
appearance standards of the Downtown Sanford Marina.
(c). Decks of vessels berthed at City docks shall be kept free and clear of debris,
bottles, papers, trash or other unsightly material at all times.
Orderly keeping of pier.
(a). It shall be the responsibility of licensees to keep the pier areas adiacent to
their vessels in an orderly, clean and safe condition. Piers shall be kept clear of all gear
including, but not limited to, dinghies, skiffs or other equipment and such dear or other
equipment shall not be hund from pilings.
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(b). It is prohibited and unlawful for any person to make any modifications or
alterations to piers, slips and pilings unless expressly permitted by the City Manager, or
designee.
(c). Private stowage facilities shall not be used on the walkways. Bicycles may
be permitted on the piers at the Downtown Sanford Marina if parked in a manner so as
not to block passage on the pier.
Disposal of -garbage, waste and refuse into the Downtown Sanford Marina basins.
It is prohibited and unlawful for any person to throw trash or garbage or waste oil
into the waters of the Downtown Sanford Marina or its basins. Garbage and trash shall
be placed in containers in a designated location at or near the City docks.
Toilet and shower facilities on boats.
It is prohibited and unlawful for any person to utilize at the Downtown Sanford
Marina any toilet or shower facilities on boats which are not equipped in accordance and
compliance with Federal or other controlling agency with jurisdiction regulations on waste
disposal.
Flame -producing equipment.
It is prohibited and unlawful for any person to use or store grills or charcoal burners
burninq and welding equipment, grilling equipment or any open -flame equipment within
the Downtown Sanford Marina including, but not limited to the Marina piers and docks
except within the enclosed vessel and at the owner's or occupant's own risk. Grills are
not permitted to be stored on the Downtown Sanford Marina piers or docks.
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Repairing, fitting out, etc., of vessels.
Routine maintenance and minor repairs necessary for the preservation and
seaworthiness of a vessel maVbeperformed within the Downtown Sanford Marina. Major
repairs may not be performed at the Downtown Sanford Marina. Routine maintenance
and minor repairs are those which:
(1) Do not disturb the public peace and tranquility of any person aboard
any boat.
(2) Do not contribute to a disorderly or unsightly appearance during the
process of repair or maintenance.
(3) Are capable of accomplishment with hand tools or certain portable
power tools normally carried aboard the vessel.
(4) Are confined to the vessel.
Refueling vessels.
(a). It is prohibited and unlawful to refuel any vessel at other than approved
marine service facilities or other approved and permitted sites. For the purposes of this
Section, such refueling facilities and sites may be approved and permitted by the City
Manager, or designee, using rules and standards promulgated by the dockmaster.
(b). It is prohibited and unlawful to refuel any vessel with a fuel having a
flashpoint lower than 100 degrees Fahrenheit (37.8 Celsius) from a mobile delivery
vehicle or with a person aboard such vessel except such of the vessel's crew as are
necessary to perform the refueling operation.
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(c). Tank bar eq s tug boats, and fuel supply boats are prohibited and unlawful
within Downtown Sanford Marina.
(d) For purposes of this Section, the term mobile fuel delivery vehicle means a
wheeled land vehicle used to deliver motor fuel. The vehicle and appurtenant fuel delivery
equipment shall be of a type currently approved for such use by the Florida Department
of Transportation (FDOT), and shall comply with all regulations of the MOT and the
Florida Department of Agriculture and Consumer Services.
(e) All mobile delivery vehicles utilizing City -owned marina facilities to deliver
motor fuel ("fuel") as defined in Section 207.002, Florida Statutes, as amended, shall
comply with the following requirements:
(1) Fuel delivery shall be limited to those liquids having flashpoints at or
above 100 degrees Fahrenheit (37.8 Celsius).
(2) Fuel delivery shall only be made by those individuals or business
enterprises possessing a valid City local business tax receipt.
(3) All fuels shall be dispensed in the presence of the dockmaster, or
designee during hours specified by the dockmaster. The dockmaster maV
require fuel delivery operators to notify the dockmaster, or designee, of the
intent to utilize the Downtown Sanford Marina or City -owned facilities at
least 2 hours before such use. The City shall record the beginning and
ending pump reading for each mobile delivery vehicle making a delivery.
(4) The individual or enterprise making such deliveries shall pay to the
CitV, as a user fee, the greater of 10% of gross sales, or a fee, as
established by the City manager, on each gallon dispensed at any approved
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location at a City -owned facility. The remittance shall be paid in accordance
with procedures established by the dockmaster upon the conclusion of the
daily delivery or deliveries, and shall be accounted for utilizing
administrative procedures as developed and implemented by the
dockmaster and the City's Finance Director.
(5) All individuals or business enterprises utilizing mobile delivery
vehicles to deliver fuel to vessels pursuant to this Section shall obtain and
present to the dockmaster evidence of an insurance policy approved by the
City's Director of Risk Management, or designee. The insurance policy shall
consist of a contractor's liability policy and a commercial owner's policy
endorsed for such refueling, and naming the City as an additional insured.
Additionally, such policies shall protect the City from liability for bodily injury,
property damage, or environmental damage, including cleanup and
restoration costs, resulting from spilla eco or any other incident on City -owned
land involving the delivery of fuel by such vehicles.
Removal of vessels for cause.
The City manager, or designee, may cause the removal of any vessel from City
marina property when it is necessary in order to repair the dock, because of a previous
reservation, or for any good or reasonable cause; and, should the owner or person in
charge of the vessel, refuse to remove such a vessel, the City, through the City Manager
or designee, may assess reasonable charges for the cost of having the vessel removed
and stored and any and all administrative costs, charges and expenses.
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Vacant berths or moorings; re -rental by City.
If any noncommercial vessel leaves its assigned space for more than 72
consecutive hours, the City reserves the right to re -rent this space while such space is
known to be vacant. The owner vacating such space shall give the dockmaster adequate
advance information concerning the vessel's expected return so that prroper
arrangements can be made to have the berth or mooring clear upon return.
Assignment by licensees; use of berths by others; change in ownership.
(a). Assignment of a dockage agreement or sublicense of rental of boats, berths
or moorings by licensees at City marinas is prohibited. No berth at a City marina may be
sold, assigned or sublicensed by any licensee or otherwise transferred to another person
unless approved by the City.
(b). Licensees shall not grant free use of their berths or moorings to other
vessels during a period when their own vessel may be absent from the berth or mooring,
inasmuch as the Citv reserves the right to re -license their berth or mooring during such
periods of absence.
(c). The owner of a licensee vessel shall advise the City of any change of
ownership, or of rental, of a vessel while subject to a CitV dockage agreement not later
than 24 hours following such change.
Restriction on use of private boat docked in noncommercial area primarily for
business purposes.
It is not the operating policy of the City to provide dockage at the Downtown
Sanford Marina for vessels whose primary function is to conduct business, or to facilitate
sales or promotional activities normally carried on in commercial areas. The use of any
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private boat berthed at a noncommercial slip or mooring primarily for business purposes
is prohibited and unlawful as is the unauthorized use of the address of the Downtown
Sanford Marina for business purposes by noncommercial vessels is prohibited and
unlawful; provided, however, that licensees or others using the address on the effective
date of this Ordinance who are not authorized to do so; shall be allowed a period of 3
months from the effective date to obtain an alternative post office box or other address.
Living aboard.
The privilege of living aboard vessels is extended to professional captains, vessel
owners and bona fide guests only.
Dockage and mooring rates.
The dockage rates, fees and charges which are assessed relating to the operation
of the Downtown Sanford Marina shall be established from time to time by the City
Manager financial needs of the City after consultation with the Finance Director.
When dockage and mooring fees are due and payable; delinquency in payment.
Dockage and mooring fees at the Downtown Sanford Marina are due and payable
in advance. Monthly dockage and mooring fees, based on a 30 -day month, are due and
Payable in advance on the first day of each month and shall be considered delinquent if
not paid on or before the tenth of the month. A licensee who is delinquent for a period of
20 days shall be considered to be in breach of and have defaulted on dockage agreement,
and shall have 30 days to pay in full all outstanding dockage and mooring payments and
late fees owed to the City. If payment in full is not made after this period, the City shall
revoke the dockage agreement and reassign the berth.
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Responsibility for damage to the Downtown Sanford Marina and other City
property.
Owners or operators of vessels shall be required to reimburse the City for any
damage or defacement which they or their vessels may cause to the Downtown Sanford
Marina, City piers or any other City property of whatsoever type or nature.
Vessel checkout procedure.
Licensees checking out of the Downtown Sanford Marina shall report to the
dockmaster and pay their accounts in full prior to leaving and no future payment
arrangements of any type or nature will be accepted. Checkout time shall be established
by the dockmaster. Vessels occupying a berth after checkout time shall be charged
dockage for a full day and, if the berth is subject to agreement to use the berth on the
date of expiration of a dockage agreement, a double fee shall be charges for each and
every day of occupancy.
Removal of vessels with delinquent charges prohibited.
It shall be unlawful for the owner, operator or person in charge of any vessel to
remove such vessel from City property without first making payment of all delinquent
charges when such vessel has a delinquency in its dockage account. The owner, operator
or person in charge of such vessel shall be responsible for compliance with this section.
Lien for unpaid fees and noniudicial sale.
The City shall acquire, own and possess a maritime lien against each vessel, their
urtenances and contents. in an amount eaual to all unaaid marina and dockina fee
late charges, sums due from damages caused to any dock, pier or any other property of
the City as well as for the reasonable administrative costs of the City to include copying,
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mailing, processing and legal charges, costs and expenses. For undocumented vessels
pursuant to Section 328.17, Florida Statutes, as amended, relating to the nonjudicial sale
of vessels, in the event of non-payment of storage or any other charges within the
prescribed period, the facilityis s authorized to sell the owner's vessel at a nonjudicial sale.
Reapplication for dockage after revocation.
Any person or principal in a business or corporation listed as licensee for dockage
at the Downtown Sanford Marina who has had that dockage agreement revoked by the
City, may reapply for dockage after a period of 12 months. Any outstanding dockage
Payments, late fees, or other charges owed to the City must be paid in full prior to
reapplication for dockage.
Section 3. Implementing Administrative Actions.
Without limiting in any way the other provisions of this Ordinance, the City
Manager, or designee(s), is hereby authorized and directed to implement the provisions
of this Ordinance and to take any and all necessary administrative actions to bring into
effect the provisions of this Ordinance.
Section 4. Savings.
The prior actions of the City of Sanford relating to ex parte communications and
quasi-judicial hearing procedures, and any and all similar or related matters, procedures
or processes, are hereby ratified and affirmed.
Section 5. Severability.
If any section or portion of a section of this Ordinance proves to be invalid, unlawful
or unconstitutional, it shall not be held to impair the validity, force or effect of any other
section or part of this Ordinance.
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Section 6. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed; provided, however, that the legislative intent and findings of Ordinance Number
4621 are ratified and affirmed.
Section 7. Codification and City Code Effect; Penalties and Enforcement;
Scrivener's Errors.
(a). This Ordinance shall be codified and be made a part of the City Code and
shall have effect in all matters relative to the application of this Ordinance to include, but
not be limited to, the provisions of Section 1-7 of the City Code relating to penalties and
enforcement and, to that end, it is prohibited and unlawful to violate any provision of this
Ordinance by failure to comply with a duty or to engage in a prohibited activity.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
public hearing.
Section 8. Effective Date.
This ordinance shall become effective and be enacted immediately upon its
passage and adoption.
221Page
Passed and adopted this 11th day of December, 2023.
Attest:
City Commission f the City of
Sapford, Flgri)da� 71
./I
Traci Houchin, MMC, FCRM
City Clerk
t ~'k-AWVVoodruff
Mayor
For use and reliance of the Salr&
City Commission only. ,
Approve as to form and Y.
illiam L. Colbert, City Attorney
231 Page
CITY OF
` p �n9f77 WS_ RM X
ki�FORD FV7 pG' 6 ,
FLORIDA Item No. / e g
CITY COMMISSION MEMORANDUM 23.231
DECEMBER 1 1, 2023 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Craig M. Radzak, Assistant City Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Revisions to Downtown Sanford Marina Ordinance No. 2023-4759
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 2023-4759 relating to the Downtown Sanford Marina (DSM) is being
requested.
FISCAL/STAFFING STATEMENT:
There is no fiscal or staffing impact to the enactment of Ordinance No. 2023-4759. However, the
provisions of the Ordinance will serve to provide for better and more administratively sound
management of the DSM which should enhance the risk management and fund accountability as
to the use of the DSM and, thereby, make the DSM a more profitable enterprise of the City.
BACKGROUND:
The long-term lease of the DSM with Lake Monroe Harbor Marina expired on May 31, 2022.
Since this time, the City has managed and operated the DSM in a competent manner in accordance
with sound and generally accepted public management practices and principals all being in the
best interest of the public.
The City plans to continue in that operational and management vein and engage in such activities
such as a clean marina action plan, assessments of environmental measures, the development and
implementation of best management practices and an annual self-assessment relative to facility
operations and fiscal matters. The proposed DSM Ordinance advances all of those goals.
The proposed DSM Ordinance provides for implementation of rules and regulations for mooring
procedures, dockage rate payables and due dates, and general operations such as assignment of
berths, maintenance of vessels, refueling vessels, consumption of alcoholic beverages and the
appropriate uses of DSM facilities. It also creates a Marina Fund for a dedicated and sustainable
source of funding for vital capital repair and improvement projects, and as a source of match
funding for capital grant opportunities. The limited current provisions of the City Code relating to
the DSM are rudimentary and not comprehensive in any respect.
LEGAL REVIEW:
The City Attorney has prepared Ordinance No. 2023-4759 and has no legal objection approving
the Ordinance.
The City Commission approved the first reading of Ordinance No. 2023-4759 on November 13,
2023.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on December 3,
2023.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2023-4759.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2023-4759."
Attachment: Ordinance No. 2023-4759.