ORDINANCE 01-05

 

 

 

AN ORDINANCE REPEALING CHAPTERS 27 AND 28 OF THE TOWN OF FORT MYERS BEACH TRANSITIONAL LAND DEVELOPMENT REGULATIONS; PROVIDING AUTHORITY; REPEALING CHAPTER 27 AND 28 OF THE TRANSITIONAL LAND DEVELOPMENT REGULATIONS; ADOPTING A NEW CHAPTER 27 OF THE LAND DEVELOPMENT CODE PROVIDING DIVISION 1. DEFINITIONS AND ENFORCEMENT; SEC. 27-45. DEFINITIONS.; SEC. 27-46. AREA OF ENFORCEMENT.; SEC. 27-47. MEANS OF ENFORCEMENT.; DIVISION 2. PERSONAL WATERCRAFT; SEC. 27-48. REGULATIONS FOR OPERATION OF PERSONAL WATERCRAFT.; SEC. 27-49. REGULATIONS AND LOCATIONS FOR PERSONAL WATERCRAFT RENTALS.; DIVISION 3. PARASAILING; SEC. 27-50. REGULATIONS AND LOCATIONS FOR PARASAIL ACTIVITIES.; DIVISION 4. ADDITIONAL RULES AND PROCEDURES APPLYING TO BOTH PERSONAL WATERCRAFT AND PARASAILING; SEC. 27-51. ADDITIONAL RULES APPLYING TO BOTH CONDITIONS OF PWVL AND PAL BUSINESSES.; SEC. 27-52. PWVL AND PAL APPLICATIONS; REGULATORY FEES.; SEC. 27-53. PWVL AND PAL RENEWALS. SEC. 27-54. DISPLAY OF PWVL AND PAL LICENSES. SEC. 27-55. TRANSFERABILITY OF PWVL AND PAL LICENSES; GRANDFATHER CLAUSE. SEC. 27-56. INSURANCE. SEC. 27-57. PENALTY. SEC. 27-58. STANDARDIZED RULES; PROVIDING SEVERABILITY; AND ESTABLISHING AN 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, Chapters 163 and 166, Florida Statutes, and other applicable provisions of law.

 

SECTION 2.  Repeal Of Chapter 27 AND 28 of the Transitional Land Development Regulations.  By the authority of Section 15.08 (c) of the Town Charter, Chapters 27 and 28 of the transitional land development regulations are repealed. Transitional Chapter 27 contains the following sections: 27-44  Title and Citation; 27-45  Definitions; 27-46  Area of Enforcement; 27-47  Means of enforcement; 27-48  Regulations for Operation of Personal Watercraft; 27-49 Regulations and Locations for Personal Watercraft Rentals; 27-50 Unlicensed Rental of Personal Watercraft Prohibited; 27-51 PWVL Application; Regulatory Fee; 27-52 PWVL Renewal; 27-53 DISPLAY OF PWVL; 27-54 Conditions of PWVL USE; 27-55 TRANSFERABILITY OF PWVL: GRANDFATHER CLAUSE; 27-56 INSURANCE; 27-57  PENALTY; 27-58 SUNSET PROVISIONS.  Chapter 28 contains the following sections: 28-44  Title and Citation; 28-45    Definitions; 28-46  Area of Enforcement; 28-47  Means of enforcement; 28-48 Regulations and Locations for Parasail Activities; 28-49 Unlicensed Parasailing Prohibited; 28-50 PAL Application; Regulatory Fee; 28-51 PAL Renewal; 28-52 Display Of PAL; 28-53 Conditions Of PAL Use; 28-54 Transferability Of PAL: Grandfather Clause; 28-55 Insurance; 28-56  Penalty.

 

 

SECTION 3.  Adoption of New Chapter 27 of the Land Development Code.  The new Chapter 27 of the Town of Fort Myers Beach land development code, entitled “PERSONAL WATERCRAFT AND PARASAILING” shall be as contained in the attached Exhibit A. The new Chapter 27 contains the following sections: Division 1. Definitions And Enforcement; Sec. 27-45. Definitions.; Sec. 27-46. Area Of Enforcement.; Sec. 27-47. Means Of Enforcement.; Division 2. Personal Watercraft; Sec. 27-48. Regulations For Operation Of Personal Watercraft.; Sec. 27-49. Regulations And Locations For Personal watercraft Rentals.; Division 3. Parasailing; Sec. 27-50. Regulations And Locations For Parasail Activities.; Division 4. Additional Rules And Procedures Applying To Both Personal Watercraft And Parasailing; Sec. 27-51. Additional Rules Applying To Both Conditions Of PWVL And PAL Businesses.; Sec. 27-52. PWVL And PAL Applications; Regulatory Fees.; Sec. 27-53. PWVL And PAL Renewals. Sec. 27-54. Display Of PWVL And PAL Licenses. Sec. 27-55. Transferability Of PWVL And PAL Licenses; Grandfather Clause. Sec. 27-56. Insurance. Sec. 27-57. Penalty. Sec. 27-58. Standardized Rules.  New language is indicated with underlining and repealed language is indicated with strike-throughs.

 

SECTION 4.  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 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 Murphy and seconded by Council Member Rynearson and, upon being put to a vote, the result was as follows:

 

         Daniel Hughes                   aye

Garr Reynolds                   aye

Ray Murphy                    aye

Terry Cain                       aye

Howard Rynearson             aye

 

DULY PASSED AND ENACTED this 24th day of September, 2001.

 

ATTEST:                                                   TOWN OF FORT MYERS BEACH     

 

 

By:                                                                      By:_____________________                        

   Marsha Segal-George, Town Clerk                     Daniel Hughes, Mayor

 

Approved as to form by:

 

_______________________                          

Richard V.S. Roosa, Town Attorney