ORDINANCE No. 03-09

AN ORDINANCE AMENDING THE FORT MYERS BEACH LAND DEVELOPMENT CODE, CHAPTER 27, PERSONAL WATERCRAFT AND PARASAILING, SEC. 27-50. REGULATIONS AND LOCATIONS FOR PARASAIL ACTIVITIES; AND PROVIDING 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. THE FORT MYERS BEACH LAND DEVELOPMENT CODE, CHAPTER 27, PERSONAL WATERCRAFT AND PARASAILING, Sec. 27-50. Regulations and locations for parasail activities, is hereby amended to read as follows:

Sec. 27-50. Regulations and locations for parasail activities.

Any person engaged in parasail activities for consideration or remuneration by the public on any waters of the Town of Fort Myers Beach, must meet the following requirements:

(a) A person is required to obtain a Lee County occupational license which shall be issued to the parasailing activities operations office.

(1) The operations office shall be located at a land-based site; and,

(2) The land-based site shall have direct access to the beach. Direct access shall not include public rights-of-way, county-owned or townowned beach accesses, or any residentially zoned land that must be traversed to gain beach access; and,

(3) All business transactions such as the exchange of consideration or remuneration or any other type of transaction between the PAL and customer shall occur on the land-based site for which the occupational license is issued: and,

(4) A person must have and maintain a telephone and an operable marine radio at its land-based operations office.

(b) No person shall offer a ride on a parasail within the Town of Fort Myers Beach except at a parasail activities site which fully complies with the regulations set forth in this code and this chapter.

(c) No person shall have a parasailing operation within the Town of Fort Myers Beach except from a business holding a valid PAL and which fully conforms to the terms of this chapter.

(d) No person shall use a vessel for parasailing activity which is not registered in the name of the business and which does not have a valid Florida vessel registration number affixed thereon.

(e) Each parasailing vessel must be registered in the name of the business and have a Florida vessel registration number affixed thereon.

(f) Parasail operations must have a primary location at a site in conformance with this code or which otherwise specifically permits parasail activity. Parasail operators may pick up and return customers at other sites provided that the parasail operator has obtained written permission on a form provided by the town from the landowner where a PWVL has been issued. Written permission shall be kept on file at the PAL’s primary location. In no event shall a parasail operator or his agents or employees solicit at the beach where they are picking up and returning customers.

(g) Parasail operators will pick up and drop off customers at the beach location pursuant to (2) above. This process will be accomplished through buoy lanes within the 500-foot zone consisting of 6 buoys, with a minimum width of 15 feet and a maximum of 75 feet. In a congested area, a parasail captain may avoid hazard by approaching to the right or left of the buoy lane.

(h) Operators must be at least 1,000 2,000 feet from shore when they inflate the chute or deflate the chute and while flying.

(i) Operators must limit the length of the line to 1,200 feet and may not fly the chute over or within 500 feet of the pier or within 1,000 feet of the beach. Further, all parasail and all operations must cease at sunset.

(j) Operators must also comply with all applicable boating and parasailing provisions of state law such as those found in F.S. § 327.37.

(k) The first violation of this section shall subject the offender to a 30-day suspension of the license, the second violation shall subject the offender to a 90-day suspension of the license and a third violation shall subject the offender to a 3 year suspension of the license. The suspensions would be attached to the license for a term of three years. A three-year violation free period would allow prior violations to be removed.

SECTION 3. Effective Date. This ordinance shall take effect immediately upon its adoption.

The foregoing ordinance was enacted by the Town Council upon a motion by Council Member ________________ and seconded by Council Member _____________

and, upon being put to a vote, the result was as follows:

Howard Rynearson ___

Daniel Hughes ___

Bill Thomas ___

W. H. "Bill" Van Duzer ___

Terry Cain ___

DULY PASSED AND ENACTED this ___ day of ___________, 2003.

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