§ 8-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Boat liveries means boats for rent without a crew.

Charter boat means a watercraft, holding itself out to the public for rent or charter for a specified fee or charter price, with an authorized operator on board at all times, and ready to leave the dock with the charter party. Such boat shall be available to the public in general upon payment of the specified fee, must so equip itself to be suitable for the purpose for which chartered, and must be primarily used for charter or rent. A boat shall not be classified as a charter boat, or occupy space at the municipal dock as such, unless it is engaged in good faith in the business of charter or rental.

Commercial boat means any watercraft used, maintained or operated for profit.

Commercial fishing boats means watercraft engaged in fishing whereby fish caught are sold for profit, either by the owner, operator or other person.

Commercial marina means a licensed facility for docking watercraft and/or providing services to watercraft and the occupants thereof, including minor servicing and repair to boats while in the water, and sale of fuel and supplies. Docks which are accessory to residential uses where no boat-related services are rendered shall not be considered marinas.

Floating business means a floating structure incapable of navigation by means of self-propulsion or other watercraft docked or moored at a municipal, commercial or marina dock facility located adjacent to a waterway within the city, and from which a business is solely operated or conducted at such dock facility.

Idle Speed No Wake means a boating restricted area which has been established to protect the safety of the public. The term "Idle Speed No Wake" means that a vessel shall not proceed at a speed greater than the minimum speed necessary to maintain steerageway.

Mile per hour means speed made good over the bottom measured in statute miles.

Municipal docks means the bulkheads, walls, docks, approaches and appurtenances along the north side of New River from F.E.C. Railway bridge to S.E. 5th Avenue, and along New River on the south side from the west line of S.W. 1st Avenue to the Federal Highway tunnel, and all bulkheads, walls, docks, appurtenances which the city may construct from time to time on property acquired for that purpose or in accordance with section 8-143.

Private watercraft means boats and vessels used for pleasure by the owner or others, where no charge is made for fishing or riding upon such vessel.

Sightseeing boats means watercraft engaged in transporting the public for hire on the waterways within the city limits for sightseeing purposes.

Slow Speed Minimum Wake means a boating restricted area which has been established to protect the safety of the public. The term "Slow Speed Minimum Wake" means that a vessel must be fully off plane and completely settled into the water. It may not proceed at a speed greater than that speed which is reasonable and prudent to avoid the creation of excessive wake or other hazardous conditions under the existing circumstances.

A vessel that is:

a.

Operating on a plane is not proceeding at Slow Speed Minimum Wake;

b.

In the process of coming off plane and settling into the water or coming up onto plane is not proceeding at Slow Speed Minimum Wake;

c.

Operating at a speed that creates a wake which unreasonably or unnecessarily endangers other vessels is not proceeding at Slow Speed Minimum Wake;

d.

Completely off plane and which has fully settled into the water and is proceeding without wake or with minimum wake is proceeding at Slow Speed Minimum Wake.

Vessels means every description of watercraft and airboats, other than seaplanes on the water, used or capable of being used as a means of transportation on water. As used in this chapter, the terms "boat" and "watercraft" are synonymous with "vessel."

Wake means all changes in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to, a vessel' s bow wave, stern wake, and propeller wash.

Waterski means a single or pair of skis used in planing over water while being towed by a vessel.

Waterskiing means the recreational activity of planing or jumping on waterskis while being towed by a vessel. The term "waterskiing" as used in this chapter shall also include planing or jumping while upon an inner-tube, inflated tube, knee board, wake board or upon a similar device designed and intended for being towed behind a vessel and upon which a person or persons may be towed, all while being towed behind a vessel.

Watersports activities area means a boating restricted area which has been established to protect the safety of the public and shall mean those activities involving vessels, not exceeding twenty-one (21) feet in length, as set forth on the State of Florida vessel registration, and powered by a single engine only, where such vessels are engaged in the towing of a person or persons, on a pair of waterskis, slalom waterski, inner-tube, inflated tube, knee-board, wake board or upon a similar device designed and intended to be towed behind a vessel and upon which a person or persons may be towed. A vessel engaged in watersports activities shall not simultaneously tow more than two (2) sets of waterskis, inner-tubes, or similar devices as set forth above. Vessels engaged in watersports activities shall proceed at a speed and course consistent with the safety of the person or persons being towed, but under no circumstances shall the vessel proceed at a speed greater than thirty-five (35) miles per hour. To enhance the safety of the vessels and persons engaged in watersports activities, as well as the safety of all vessels and persons within a watersports activities designated area as provided in section 8-166(c), all other vessels not lawfully engaged in watersports activities shall proceed in accordance with speed and wake limitations within the applicable boating restricted area.

Water taxi means a vessel operating upon the inland public waterways within the city, transporting one (1) or more passengers for a fare, and which is controlled by a person or firm in the business of offering waterborne public transportation.

Waterway means the Florida Intracoastal Waterway and any navigable waterway which provides access for a watercraft to the Florida Intracoastal Waterway.

(Code 1953, § 11-7; Ord. No. C-68-23, § 2, 6-4-68; Ord. No. C-71-108, § 1, 10-19-71; Ord. No. C-89-135, § 1, 12-5-89; Ord. No. C-91-69, § 1, 10-15-91; Ord. No. C-98-26, § 1, 4-21-98; Ord. No. C-01-12, § 1, 4-5-01)