§ 7-97. Vessel speed regulation; restricted vessel operation zones.

(a)

Definitions. For purposes of this section, the following definitions shall also apply:

Congested areas means waterways where, by virtue of their shape, size, or normal traffic levels, hazards may be created to persons or property by vessels traveling at too great of a speed.

Map means the official map depicting each of the zones described in this section, and legal descriptions accompanying the map, which are incorporated herein by reference. A copy of the map shall be maintained on file for public inspection in the office of the City Clerk.

Residential coves and canals means waters that shall generally be enclosed on two or three sides by land and contains private homes on the land bordering the water.

Vessel exclusion zone means an area from which all vessels or certain classes of vessels are excluded. Examples include:

(1)

No vessels or swim area. All vessels of any type are prohibited from entering the marked area.

(2)

No entry area. All vessels and all persons, either in vessels or swimming, diving, or wading, are prohibited from entering the marked area.

Wake means all changes in the vertical height of the water surface caused by the passage of a vessel, including, but not limited to, a vessel's bow wave, stern wake and propeller wash.

(b)

Operation standards.

(1)

The term "slow speed/minimum wake" means that a vessel must be fully off plane and completely settled into the water. When under way in a posted slow speed/minimum wake zone, the vessel must proceed at a speed which is reasonable and prudent under the prevailing circumstances and which avoids the creation of an excessive wake or other hazardous condition which endangers or is likely to endanger other vessels or persons using the waterway. A vessel that is:

a.

Operating on a plane is not proceeding at this speed;

b.

In the process of coming off a plane and settling into the water or coming up onto a plane is not proceeding at this speed;

c.

Operating at a speed that creates a wake which unreasonably or unnecessarily endangers other vessels in the waterway or other persons using the waterway, or is reasonably likely to do so, is not proceeding at this speed;

d.

Completely off-plane and which has fully settled into the water and is proceeding at a reasonable and prudent speed under the prevailing circumstances with little or no wake is proceeding at this speed.

(2)

The term "idle speed/no wake" means that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway, when under way in a posted idle speed/no wake zone. At no time is a vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow.

(c)

Criteria for establishing zones. Restricted areas or zones may be established to protect the safety of the public in accordance with F.A.C. § 68D-23.105, which is adopted by reference.

(d)

Establishment of idle speed/no wake zones, slow speed/minimum wake zones and vessel exclusion zones.

(1)

Zone 1. The waterways or portions of waterways known as Sun-Lit Cove as shown on the map are hereby established as an idle speed/no wake zone.

(2)

Zone 2.

a.

The waterways or portions of waterways known as Placido Bayou as shown on the map are hereby established as a slow speed/minimum wake zone.

b.

The waterways or portions of waterways known or identified as the north-south channel running in a northerly direction from Placido Bayou to Papys Bayou as shown on the map are hereby established as an idle speed/no wake zone.

(3)

Zone 3. The waterways or portions of waterways known as Placido Bayou (A.K.A. Smacks Bayou) as shown on the map are hereby established as an idle speed/no wake zone.

(4)

Zone 4. The waterways or portions of waterways known as Placido Bayou as shown on the map are hereby established as an idle speed/no wake zone.

(5)

Zone 5. The waterways or portions of waterways known as the North Yacht Basin as shown on the map are hereby established as an idle speed/no wake zone.

(6)

Zone 6. The waterways or portions of waterways known as the Central Yacht Basin and the South Yacht Basin as shown on the map are hereby established as an idle speed/no wake zone.

(7)

Zone 7. The waterways or portions of waterways known as Bayboro Harbor and Salt Creek as shown on the map are hereby established as an idle speed/no wake zone.

(8)

Zone 8. The waterways or portions of waterways known as Big Bayou, Bayou Bonita and Little Bayou as shown on the map are hereby established as an idle speed/no wake zone.

(9)

Zone 9. The waterways or portions of waterways known as Frenchman Creek as shown on the map are hereby established as an idle speed/no wake zone.

(10)

Zone 10. The waterways or portions of waterways known as Maximo Marina and the access thereto as shown on the map are hereby established as an idle speed/no wake zone.

(11)

Zone 11.

a.

The waterways or portions of waterways known as the Point Brittany access to Boca Ciega Bay as shown on the map are hereby established as a slow speed/minimum wake zone.

b.

The waterways or portions of waterways on either side of the Leeland Street South Bridge as shown on the map are hereby established as a slow speed/minimum wake zone.

c.

The waterways or portions of waterways south of the southern boundary established in subsection b of this section running south to Tampa Bay as shown on the map are hereby established as a slow speed/minimum wake zone.

(12)

Zone 12. The waterways or portions of waterways known as Placido Bayou as shown on the map are hereby established as an idle speed/no wake zone.

(13)

Zone 13. The waterways or portions of waterways known as Coffee Pot Bayou as shown on the map are hereby established as an idle speed/no wake zone.

(14)

Zone 14. The waterways or portions of waterways known as Spa Beach as shown on the map are hereby established as a swim area zone.

(15)

Zone 15. The waterways or portions of waterways known as North Shore Beach as shown on the map are hereby established as a swim area zone.

(16)

Zone 16. The waterways or portions of waterways known as Bayboro Harbor as shown on the map are hereby established as a slow speed/minimum wake zone.

(17)

Zone 17. The waterways or portions of waterways known as Channel P-1 as shown on the map are hereby established as a slow speed/minimum wake zone.

(18)

Zone 18. The waterways or portions of waterways known as Maximo Park as shown on the map are hereby established as a swim area zone.

(19)

Zone 19. The waterways or portions of waterways on either side of the 79th Street South Bridge as shown on the map are hereby established as a slow speed/minimum wake zone.

(20)

Zone 21. The waterways or portions of waterways on either side of the Pinellas Bayway (Structure B) Bridge as shown on the map are hereby established as a slow speed/minimum wake zone.

(21)

Zone 22. The waterways or portions of waterways on either side of the 62nd Avenue South Bridge as shown on the map are hereby established as a slow speed/minimum wake zone.

(22)

Zone 23. The waterways or portions of waterways on either side of the Overlook Drive N.E. Bridge as shown on the map are hereby established as a slow speed/minimum wake zone.

(23)

Zone 24. The waterways or portions of waterways on either side of the Bayou Grande Boulevard Bridge as shown on the map are hereby established as a slow speed/minimum wake zone.

(e)

Restrictions; zone restrictions. Except as provided for in this section, it shall be unlawful for any person:

(1)

To operate a vessel in an idle speed/no wake zone at a speed in excess of that specified by the idle speed/no wake operation standard;

(2)

To operate a vessel in a slow speed/minimum wake zone at a speed in excess of that specified in the slow speed/minimum wake operation standard; or

(3)

To operate any vessel in a no vessels, swim area, or no entry area zone.

(f)

Exemptions.

(1)

Government vessels. The restrictions set forth in this section shall not apply to vessels of any federal, State, county or municipal agency while operated by an officer, employee or agent thereof who is engaged in law enforcement or other necessary municipal or governmental activity.

(2)

Special events. Nothing in this section shall prevent the operation in any no vessel, swim area, or no entry area of vessels participating in a regularly scheduled meet or boat race along a chartered course, when the course of the race has been approved by the POD.

(3)

The restrictions set forth in this section with respect to zones 14 (Spa Beach), 15 (North Shore Beach), and 18 (Maximo Park) shall not apply to those wind-powered watercraft known as wind surfers or human powered vessels.

(g)

Compliance with State law. The provisions of this section shall be read in pari materia with F.S. ch. 327.

(h)

Penalties. Whoever violates any provision of this section shall be deemed to be charged with a noncriminal infraction and be subject to the penalties and procedures set forth in F.S. § 327.73, and section 1-7.

(Code 1973, § 10-10; Code 1992, § 7-80; Ord. No. 161-G, § 2, 7-21-1994; Ord. No. 429-G, § 1, 7-20-2000; Ord. No. 601-G, §§ 1, 2, 7-10-2003; Ord. No. 788-G, § 1, 9-21-2006)

State law reference

Reckless or careless operation of vessel, F.S. § 327.33; restricted areas, F.S. § 327.46.