§ 8-156. Marine sanitation systems.

(a)

All property owners of property located in any R-3, R-3-A, R-3-B, R-3-C, R-4 or R-4-C zoning district shall require that all vessels docked or moored at such a property, where habitation aboard is occurring, be connected at all times to a marine sanitation system or have an alternative marine sanitation system or incineration device.

(b)

All property owners of property located in any R-3, R-3-A, R-3-B, R-3-C, R-4 or R-4-C zoning district shall require that all habitable vessels docked or moored at such a property, be connected at all times to a marine sanitation system or have an alternative marine sanitation system or incineration device when the following is applicable:

When any water quality test(s) taken by the city, as part of its water quality testing program and protocols, adjacent to any real property located in any R-3, R-3-A, R-3-B, R-3-C, R-4 or R-4-C zoning district exceeds the fecal coliform density level as a geometric mean of four hundred (400) colonies per one hundred (100) ml over any consecutive six (6) sampling months, then additional testing will be undertaken by the city as follows:

The city will test the waters adjacent to such a zoning district for a three-month period according to the city's testing protocols. If the test results during that three-month period do not exceed the fecal coliform density as a geometric mean of two hundred (200) colonies per one hundred (100) ml of all samples, then the real property owner shall not be required to provide a marine sanitation system for all vessels.

If the test results exceed these standards, the real property owner shall provide a marine sanitation system(s) and require that all habitable vessels, except vessels that have an alternative marine sanitation system or incineration device, be connected into the system while docked or moored at the real property.

All test results exceeding the standards set forth above, whether the testing was performed before or after the date upon which this section is adopted, may be utilized by the city to require property owners to comply with the requirements of this section. Property owners shall have six (6) months from the date they are notified by the city that they must require vessels to be connected to a marine sanitation system, to install all necessary equipment and bring their property into compliance with the requirements of this section.

(c)

For purposes of this section the following definitions shall apply:

Alternative marine sanitation system is a marine sanitation device that discharges effluent overboard that meet standards approved for overboard discharge by all applicable state, federal or local agencies that have jurisdiction. Although no such device has been developed as of the date of adoption of this ordinance, it is the intent of the city commission to authorize the use of such alternative marine sanitation systems as they become available through advances in technology.

Habitation aboard a floating home or vessel means overnight occupation of it by one (1) or more persons, while the home or vessel is moored, docked or anchored in any of the public waterways lying within the city.

Habitable vessel means a vessel that is equipped with an on board toilet which is connected to a fitting that allows for the overboard discharge of wastewater.

Incineration device is a facility approved by the United States Coast Guard located on a floating home or vessel which is capable of reducing waste from any floating home or vessel to clean ash. No smoke or residue or harmful discharges shall be emitted from this device.

Marine sanitation system is a functioning facility, which conforms to the city's technical review committee's final report and approved by all governmental authorities having jurisdiction over the marine sanitation system, capable of removing waste from any floating home or vessel and discharging same into a sanitary disposal system approved by all governmental authorities having jurisdiction over the sanitary disposal system and available for use by persons living aboard a vessel or floating home.

Property owner shall include a duly authorized agent, a purchaser, devisee, fiduciary, property holder or any other person, firm or corporation having a vested or contingent interest, or in case of leased premises, the legal holder of the lease contract, or the holder's legal representative, assign or successor. (See Section 401 of the Florida Building Code, Broward County Edition.)

Vessel is any waterborne craft (other than a seaplane) used or designed and capable of being used as a means of transportation on water.

(d)

By February 1, 2001, all marine sanitation systems shall be equipped with a transparent sight tube at least two (2) inches in length as part of the pump-out hose assembly connecting the vessel to the pump-out station.

(Ord. No. C-97-11, § 1, 5-6-97; Ord. No. C-00-53, § 1, 9-19-00; Ord. No. C-03-23, § 2, 7-1-03 )