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From: Stefan Mochnacki (no email)
Date: Sun Oct 15 2006 - 15:49:04 EDT
List Members,
The following is a copy of the message I sent to Shannon at Sam Densler's request.
Shannon,
Sam Densler suggested I send this description of our experience in
Melbourne, along with Melbourne's official response, to you.
Norm Johnson
October 8, 2006
S/V Bandersnatch
Julington Creek Estuary, FL.
As many of us know, the City of Melbourne Florida "does not allow for
anchorage over 72 hours (consecutive or non-consecutive)in any thirty (30)
calendar day period" of any "livaboard" vessel, which has been defined as a
vessel whose occupants have no other residence.
When this ordinance was brought to light some wondered why the Seven Seas
Cruising Assocation, a venerable association of experienced and wide ranging
deep sea sailors, would hold their annual gathering in a place that actually
had a law against them. The SSCA soon made it known to the City of Melbourne
that this was unacceptable if their association were to continue to meet in
that city.
The City of Melbourne responded, in part, by the message sent out by Ms.
Bowman quoted below.
I received a copy of Ms. Bowman's message and responded to her invitation
"to talk to me further" by sending a report of our experience the last time
we visited Melbourne, which was to the best of our recollection in 1999. It
should not be surprising that we never stopped there again. Ms. Bowman
forwarded my report to a Mr. Steve Mimbs of the Melbourne Police Department
for his response.
Then there ensued an exchange of email in which I tried to find out if there
was any place a full time cruising vessel could legally anchor in Melbourne
for longer than "72 hours (consecutive or non-consecutive)in any thirty (30)
calendar day period".
My final conclusion was that there was a narrow strip of water 187.5 feet
wide inside the official Federal waters of the Intracoastal Waterway, yet
outside the actual navigation channel, where it was at least theoretically
possible to anchor legally. I received no comment from Mr. Mimbs about that
conclusion.
Notice there are three questions Mr. Mimbs declined to answer:
1. And why has Melbourne has criminalized living on a boat in "tributaries
and other navigable" waters?
2. We have heard the waters of Eau Gallie, north of the bridge, are not in
Melbourne's jurisdiction and people are free to visit as long as they
wish.
Perhaps you can confirm or deny that.
3. This would seem to indicate that there is a strip of water 187.5' wide
just outside the navigation marks where a liveaboard boat would be free
to anchor indefinitely.
Is this correct?
While I personally have no desire to ever visit Melbourne again, I find it
reprehensible and un-American that communities are allowed to make laws for
the specific purpose of excluding groups of otherwise law-biding people from
their jurisdiction.
...................................................................................................................................
Mary Ann Bowman 9/6/2006 10:07 AM >>>
As a follow up to the letter we received from Kathleen L. Watt and my phone
conversation with Joyce Stanley please be advised that Ordinance 7-18 does
not include the Intracoastal Water Way(the main part of the river) only the
tributaries. This should have no impact on the SevenSeas group or any other
persons using the Inter Coastal for anchorage. As far as I know the many
attendees who have arrived by water and have anchored off the Eau Gallie
Fishing Pier have never had a problem. As the Leisure Services Director and
fellow cruiser myself I can assure you the City of Melbourne is a very
cruiser friendly community. We very much want the Seven Seas Cruising
Association to continue to hold its three-day Convention and Annual meeting
at the Eau Gallie Civic Center. We have enjoyed working with your
organization and want to accommodate you in any way we possibly can. Please
feel free to give my phone number or e-mail to any of your members if they
have specific incidents they would like to talk to me further about. I will
do my best to investigate it and see what I can do.
I look forward in seeing you in November and working with you to make this
event the best that it can be for the many cruisers who attend and visit our
city.
Mary Ann Bowman,
Leisure Services Director
City of Melbourne
321-255-4608
>>> "Norm of Bandersnatch" < > 10/5/2006 5:20 PM >>>
Dear Ms. Bowman,
Since my retirement from the Merchant Marine in 1997 my wife and I have been
cruising our yacht from Key West to Halifax. We have no abode other than our
vessel, which makes us fit the definition of "livaboard".
Some years ago we visited Melbourne on our motor yacht "Bandersnatch",
anchored in the river between the shore and the ICW, arranged for the
Intracoastal Marina to take care of our dinghy for a few days and rented a
car to visit the Cape and other tourist attractions.
While loading our gear into the rental car a city police officer pulled up
in his patrol car and asked us if it was our boat anchored "out there". When
I replied to the affirmative he sternly told us that Melbourne has a "72
hour anchoring ordinance" and that when the 72 hours are up we had "better
be gone!" We complied.
Soon after that incident we wrote to the Mayor's office and asked for a copy
of the ordinance. Our letter was returned with a note saying the request had
been forwarded to the Chamber of Commerce scribbled on it. We heard nothing
further from the City of Melbourne.
Recently the exact wording of the ordinance has been published, along with
Florida's state definition of the ICW and there is nothing there that would
indicate Melbourne is not free to drive anchored boats such as ours from the
area at will as was done to us.
I have no doubt that the merchants of Melbourne value the annual gathering
of the SSCA and I have been told that the anti-anchoring ordinance is held
"in abeyance" for the duration of the conference. I find this selective
enforcement detestable.
It is obvious that what Melbourne really is "welcoming" is money, not
people, and so they deserve neither.
We have heard the waters of Eau Gallie, north of the bridge, are not in
Melbourne's jurisdiction and people are free to visit as long as they wish.
Perhaps you can confirm or deny that.
We have never visited Melbourne since that day and give full publicity to
their ordinance at every opportunity. Although we cruise full time and
extensively we will never become a part of the SSCA until they change their
venue or Melbourne changes their ordinance.
Norm Johnson
S/V Bandersnatch
Lying 30 07.7N 081 39.6W
Julington Creek Estuary FL
>>> Mary Ann Bowman 09-07-2006 8:16 AM >>>
I am going to forward your e-mail to Deputy Chief Steve Mimbs to look into.
I can assure you that he will get back with you promptly regarding your
complaint once he has talked to the City's marine patrol.
Thank you for bringing this to my attention.
Mary Ann Bowman
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