AN ORDINANCE AMENDING THE TOWN OF FORT MYERS BEACH Vessel Control and Water Safety Ordinance, PROVIDING AUTHORITY; AMENDMENT to Area of Enforcement; SEVERABILITY; EFFECT OF ORDINANCE AND EFFECTIVE DATE.

IT IS HEREBY ORDAINED BY THE TOWN OF FORT MYERS BEACH AS FOLLOWS:

SECTION 1. Authority. This Ordinance is enacted pursuant to the provisions of Chapter 95-494, Laws of Florida, Chapter 166, Florida Statutes, and other applicable provisions of law.

SECTION 2. Amendment to SECTION 4. Area of Enforcement, of the "Town of Fort Myers Beach Vessel Control and Water Safety Ordinance" is hereby amended to read as follows:

CHAPTER 76. SECTION 4. Area of Enforcement

The area of enforcement of the provisions of this Ordinance shall be all public navigable waters, creeks, bayous, canals and channels, whether natural or man-made, located within the Town of Fort Myers Beach, including all public waters within the jurisdiction of the Town in which the tide ebbs and flows. This Ordinance does not apply to the Lee County maintained or marked channels except as otherwise posted.

SECTION 3. Severability. If any one of the provisions of this ordinance should be held contrary to any express provision of law or contrary to the policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever beheld invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of this ordinance, and in no way affect the validity of all other provisions of this ordinance.

SECTION 4. Effect of Ordinance. The provisions of this Ordinance shall be deemed cumulative and supplemental and shall have no legal effect except as expressly provided.

SECTION 5. Effective Date. This ordinance shall become effective immediately upon its adoption.

The foregoing ordinance was enacted by the Town Council upon a motion by Council Member Ted FitzSimons and seconded by Council Member William (Rusty) Isler and, upon being put to a vote, the result was as follows:

Anita T. Cereceda aye

ATTEST: TOWN OF FORT MYERS BEACH

By: By:_____________________

Marsha Segal-George, Town Clerk Anita T. Cereceda, Mayor

Approved as to form by:

_____________________

Richard V.S. Roosa, Town Attorney