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From: Norm of Bandersnatch (no email)
Date: Mon Nov 06 2006 - 11:53:46 EST
Mr. Johnson:
Your questions concerning the City of Melbourne's boating regulations have
been forwarded to me for a response. I sent the following information to
you at the email address above on October 19, 2006, but the message was
returned to me as undeliverable. This is my second attempt, and I hope you
will find the following information useful.
The State of Florida began regulating vessels and vessel safety in 1959
with the enactment of Chapter 59-399, Laws of Florida. The state laws were
originally codified in Chapter 371 of the Florida Statutes, then were
amended several times and renumbered to the current Chapter 327 of the
Florida Statutes. In 1983, the Florida Legislature amended section 327.60,
Fla. Stat., to state that local governments could enact regulations
prohibiting or restricting the mooring or anchoring of live-aboard vessels.
See Chapter 83-20, s.1, Laws of Florida. The legislative findings in
support of this amendment state: "[T]he Legislature should not interfere
with the authority of local governmental entities to regulate the mooring
or anchoring of floating structures and live-aboard vessels to prevent
sanitary and other problems..."
In accordance with the specific authority granted by the Florida
Legislature in section 327.60, Fla. Stat., the City of Melbourne
substantially amended its boating regulations in 1984 with the adoption of
Ordinance No. 84-32. According to my research, this is the city ordinance
that first established the 72-hour limitation on public anchorage within
the waters of the City. The City's boating regulations were amended again
in 2001 with the adoption of Ordinance No. 2001-50. The 72-hour limitation
on anchoring from the 1984 ordinance was retained and revised in the 2001
ordinance, and is currently codified in Sec. 7-18, Melbourne Code of
Ordinances.
1. Your first question is "Why has Melbourne criminalized living on a boat
in 'tributaries and other navigable' waters?" In response, please be
advised that the City of Melbourne has not "criminalized" living on a boat.
Nothing within Chapter 7 of the Melbourne Code of Ordinances characterizes
violations of Sec. 7-18 as "unlawful" or as a "misdemeanor." Additionally,
please note that section 327.73(1)(k), Fla. Stat., specifically states that
violations relating to restricted areas and speed limits established by
local governmental authorities pursuant to section 327.60 are noncriminal
infractions, and sets forth the procedure for issuing citations and
imposing fines for such violations.
2. Your second questions is "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." In
response, the City of Melbourne's 72-hour limitation on anchoring applies
only to the "waters of the city," which includes all rivers, lakes,
streams, ponds and canals within the territorial limits of the city except
the Florida Intracoastal Waterway. It is difficult to describe in words the
precise boundaries of the City of Melbourne, therefore you may find the
interactive on-line aerial boundary map of the City of Melbourne very
helpful in ascertaining whether the particular area "north of the bridge"
to which you are referring is within the territorial limits of the City.
You may view that map by visiting the City's website at
www.melbourneflorida.org, and using the Geographic Information System link.
Based upon that boundary map of the City, you will see that the "waters of
the city" generally extend from the western shore of the Indian River
Lagoon eastward approximately half the width of the Indian River Lagoon,
with the northern boundary line extending roughly from Post Road eastward
to the middle of the lagoon and with the southerly boundary line extending
roughly from University Boulevard eastward to the middle of the lagoon. If
you are in need of more precise navigational reference points or
coordinates in order to identify the city's boundaries, please let me know
and I will research that issue further.
Unfortunately, I cannot advise you whether unlimited anchorage is permitted
in the waters of other jurisdictions bordering the Indian River Lagoon
because I am unfamiliar with the ordinances applicable in those
jurisdictions. My brief review of the Code of Ordinances for Satellite
Beach and Cocoa Beach indicates that those jurisdictions have adopted time
limitations for anchoring of liveaboard vessels. I recommend you contact
the towns or cities you plan to visit and inquire whether a limitation on
anchoring exists in that city.
3. Your third question is "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." In this question, I
presume you are referring to the definition of the Florida Intracoastal
Waterway provided to you by Deputy Chief of Police Steve Mimbs, that the
Florida Intracoastal Waterway is a 125' wide channel located within a 500'
right of way easement, and that the boundaries of the intracoastal waterway
are designated and identified by the red and green channel markers. In
other words, the Florida Intracoastal Waterway is the water delineated by
the navigation marks, that is the ICW pathway itself. The Florida
Intracoastal Waterway is NOT the entire body of water between the banks of
the Indian River Lagoon, nor does it encompass the entire width of the 500'
right of way easement unless so designated by the red and green channel
markers. Therefore, the answer to your question is that there is NO strip
of water 187.5' wide just outside the navigation marks (within the waters
of the city) where a liveaboard boat would be free to anchor indefinitely.
This answer applies only to the waters of the city, because I am unfamiliar
with the anchoring limitations enacted by other jurisdictions.
I hope the foregoing information is useful to you. If you have any
questions concerning the availability of temporary waivers of the City Code
for special events, such as the annual event sponsored by the Seven Seas
Sailing Association in the Eau Gallie area, please call me at (321)
674-5816, or refer to Sec. 2-253 through 2-260 of the Melbourne Code of
Ordinances.
With kind regards,
Suzanne N. Crockett
Assistant City Attorney
___________________________________________________________________________
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