§ 8-173. Exceptions.

Exceptions to the provisions of section 8-171 shall be limited to the following:

(1)

Special events of short-term duration such as regattas, tournaments and events of a similar nature. Such special events shall be subject to all other requirements of this Code.

(2)

Watercraft concessions may operate through the restricted area only in a corridor, as authorized by a waiver granted under section 8-174.

(3)

Any type of watercraft operated by a residential owner, including such residential owner's guests and invitees, in the restricted area seaward of such residential owner's property, where the operation of such watercraft is strictly accessory or incidental to the residential or recreational use of upland property. No commercial operation of watercraft shall be permitted under this subsection. Ingress to and egress from such residential owner's property and the eastward boundary of the restricted area shall be by the safest most direct route, with mechanically powered watercraft proceeding at slow down minimum wake speed, as defined in section 8-166(b)(1), and sail powered watercraft proceeding at the minimum speed necessary to maintain safe steerage. Any watercraft allowed to operate under this exception may also anchor offshore of such property.

(4)

The intrusion into the restricted area by any watercraft incapable of proper navigation due to safety threatening weather conditions or mechanical breakdown.

(5)

Soft-sided and wave powered watercraft, except that such watercraft shall not operate in marked corridors.

(6)

Only the following forms of watercraft may be launched from, operated on adjacent waters of, and returned to the public beaches defined in section 8-52 and 8-71:

a.

Sail and manually powered watercraft under twenty-five (25) feet in length, not equipped with a mechanical source of power, only in areas designated by the city manager.

b.

Wave powered watercraft, only in areas designated by the city manager.

c.

Any type of watercraft authorized under a concession agreement with the city as provided in section 8-55.1, provided that the city shall be limited to only one (1) concession agreement under section 8-55.1 for motorized watercraft.

d.

Soft-sided watercraft, except in designated watercraft launch areas.

e.

In the restricted area adjacent to the public beach described in section 8-52, the city manager may authorize the operation of watercraft in a designated corridor solely for the purpose of allowing the patrons of a food service establishment which is accessory to a hotel or motel located east of the easternmost public road right-of-way to anchor watercraft offshore of such establishment. Such establishment, by agreement with the city, shall be solely responsible for the maintenance of the corridor and shall indemnify the city for all activities therein. The city may require the inclusion of other terms and conditions which the city manager finds are necessary to protect the public. The city manager may suspend or revoke such agreement at any time if he finds that there is a threat to the health, safety and welfare of the public. The provisions of this subsection (6)e. are repealed eighteen (18) months from the effective date hereof, unless readopted by the city commission.

(7)

Watercraft owned, operated or rented by the State Watercraft Concessionaire may be launched from, operated on adjacent waters of, and returned to the public beaches within a corridor hereinafter set forth, subject to the following terms and conditions:

a.

The State Watercraft Concession operation must comply with sections 8-174(1), (3)—(7), (9)—(12) and (14); and

b.

The launch corridor within which the State Watercraft Concession may be operated shall be limited to a one hundred (100) foot corridor within that four hundred (400) feet portion of the public beach which is owned by the State of Florida, the Southernmost boundary of such one hundred (100) foot corridor shall be two hundred (200) feet North of City Lifeguard Tower 15; and

c.

The State Watercraft Concessionaire shall maintain, during the term of the State Watercraft Concession, commercial general liability (CGL) insurance covering bodily injury and property damage in an amount not less than one million dollars ($1,000,000.00), per occurrence, combined single limit. The city shall be named as an additional insured on the policy. All policies shall be maintained in full force and effect at all times the watercraft rental concession is in operation and shall be endorsed to provide the city with thirty (30) days' advance written notice of cancellation. All policies shall be issued by an insurance company authorized to issue policies in the State of Florida, subject to the approval of the city's risk manager.

d.

The State Watercraft Concessionaire shall maintain, during the term of the State Watercraft Concession, auto insurance in compliance with Florida State Statutes for any owned, non-owned, hired, borrowed, leased or used vehicles operated in connection with the watercraft rental concession. All policies shall be issued by an insurance company authorized to issue policies in the State of Florida, subject to the approval of the City's Risk Manager.

e.

The exception for the State Watercraft Concession established under section 8-173 shall be subject to suspension or revocation by the city manager in the manner set forth in section 8-177 for failure to comply with any of the conditions set forth in section 8-173(7)a. through d.

(Ord. No. C-93-26, § 1, 5-18-93; Ord. No. C-96-24, § 1, 5-21-96; Ord. No. C-97-12, § 1, 5-6-97; Ord. No. C-13-52, § 2, 1-7-14 )