§ 8-170. Definitions.

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

Business operator means a lessee, licensee, franchisee or other person expressly authorized by a commercial owner to engage in the business of operating a watercraft concession on property subject to a waiver pursuant to section 8-174.

Chase watercraft means a watercraft available solely for the purpose of effecting a sea rescue in an emergency or for the purpose of ensuring that rental watercraft are operated in compliance with federal or state law or with city or county ordinances.

Commercial owner means the owner or lessee (under a lease of at least fifty (50) years) of property located east of the right-of-way of State Road A-1-A and upon which stands a hotel or motel abutting the sandy beach; provided, however, that commercial owner shall not include owners or lessees of properties described above if (a) the abutting sandy beach is dedicated to the public or (b) the public beach as defined in section 8-52 and section 8-71 lies eastward of such owner's or lessee's platted property.

Corridor or marked corridor means a defined area within the restricted area leading from the shoreline to the eastern boundary of the restricted area, established in conjunction with the approval of a waiver for watercraft concessions pursuant to section 8-174, in which certain forms of watercraft may be operated.

Customer means a person renting watercraft to be operated in a corridor, or using watercraft operated in a corridor whether or not consideration has been paid for such use. The term does not mean a commercial owner, a business operator or an employee of either.

Manually powered watercraft means watercraft which use human physical effort as their primary source of motive power, such as kayaks or rowboats.

Mechanically powered watercraft means watercraft which use an internal combustion engine or an electric motor as their primary source of motive propulsion.

Residential owner means the owner of property located east of the right-of-way of State Road A-1-A abutting the sandy beach upon which stands a single-family dwelling, townhouse, condominium or co-operative residential structure or upon which property a club for recreational purposes is operated.

Restricted area means the area defined in section 8-171.

Sail powered watercraft means watercraft whose primary source of propulsion is the wind, such as sailboats and sailboards.

Soft-sided watercraft means personal floating rafts, inner tubes and other soft or inflatable objects used for passive water recreation.

State watercraft concessionaire means the person awarded the state watercraft concession.

State watercraft concession means a concession awarded by the State of Florida, Department of Environmental Protection for Hugh Taylor Birch State Park for the operation and renting by the state watercraft concessionaire of manually powered watercraft, mechanically powered watercraft, sail powered watercraft less than twenty-five (25) feet in length or soft-sided watercraft during the term of such state watercraft concession, provided, however the term state watercraft concession shall be limited to a single state watercraft concession covering the same time period.

Waiver means permission from the city for a commercial owner of appropriately zoned property to operate or contract one (1) or more watercraft concessions within corridors through the restricted area.

Watercraft concession mean a business operating mechanically powered, manually powered or sail powered watercraft or other watercraft used for active recreation. Mechanically powered watercraft used in a corridor must have a guarded propeller or use jet propulsion.

Watercraft operator means a person who is in actual physical control of or steering any form of watercraft rented from a watercraft concession other than soft-sided watercraft.

Wave powered watercraft means devices designed to be propelled by wave action, such as surfboards.

(Ord. No. C-93-26, § 1, 5-18-93; Ord. No. C-96-24, § 1, 5-21-96; Ord. No. C-13-52, § 1, 1-7-14 )