§ 8-174. Waiver for watercraft concession.

A waiver from the provisions of section 8-171 may be granted to a commercial owner and the city (as to the public beach areas defined in section 8-52 and section 8-71) for the operation of one of more watercraft concessions, subject to the following conditions:

(1)

One (1) or more corridors extending from the shoreline to the eastward extremity of the restricted area, which corridor or corridors shall be marked with buoys or similar devices conforming to the uniform state waterway marking system, shall be established for the passage of watercraft rented by customers, watercraft used by the business operator to transport customers to watercraft recreation activities beyond the restricted area, and chase watercraft through the restricted area. Mechanically powered watercraft operated in a corridor must have a guarded propeller or use jet propulsion. The buoys or other similar devices shall be installed, maintained and replaced as required, by the commercial owner or business operator for as long as the corridor is in effect.

(2)

The specific location and width of the marked corridors shall be subject to the approval of the city in accordance with the following provisions:

a.

The upland property of the commercial owner must have at least twenty-five (25) yards of beachfront.

b.

The corridor shall be designed so as to provide an appropriate level of safety for the type of watercraft that will transit therein.

(3)

The commercial owner or business operator shall provide watercraft operators renting watercraft a written form notifying the watercraft operators of the special operating conditions set forth in this section and of the applicable penalties for violating any of the conditions. Before permitting rental watercraft to be operated within the corridor, the commercial owner or business operator shall have the watercraft operator sign the form, acknowledging that the operator has read the form and will comply with the special operating conditions.

(4)

The commercial owner or business operator shall maintain a safety watch whenever any rental watercraft, other than a soft-sided watercraft, is in operation. The beachfront of each corridor shall be marked with one (1) sign on each side of the corridor of a size and color sufficient to warn all swimmers to stay out of the corridor; all such signs shall conform to Chapter 47 of this Code.

(5)

All mechanically powered watercraft operators (other than the chase watercraft operator) shall proceed in the marked corridor at slow down minimum wake speed, as defined in section 8-166(b)(1), and sail powered watercraft operators shall proceed at the minimum speed necessary to maintain safe steerage. All watercraft operators shall yield the right-of-way to any swimmer. The commercial owner or business operator shall warn the watercraft operators when operating in the marked corridor to proceed at the appropriate speed and to yield the right-of-way to any swimmer and shall ensure that all rental watercraft meet all applicable federal and state safety equipment requirements. The commercial owner or business operator shall provide a personal flotation device to each individual who will occupy a rental watercraft, other than a soft-sided watercraft, and shall stress the importance of wearing same while the watercraft is being operated.

(6)

At least one (1) chase watercraft shall be readily available in close proximity to the marked corridor for use by the commercial owner or business operator whenever any rental watercraft, other than a soft-sided watercraft, is in operation. Such watercraft shall be clearly identifiable as such with markings to be approved by the city.

(7)

The rental watercraft of the commercial owner or business operator shall be color coded or otherwise plainly marked so as to permit the identification of the ownership of the rental watercraft from a distance of one hundred fifty (150) yards, and so as to distinguish the chase watercraft from the rental watercraft of the commercial owner or business operator.

(8)

A commercial owner may not assign, sell, encumber or otherwise transfer a waiver. Any change of ownership of the commercial owner's property shall require the new owner to submit a new application subject to all of the conditions and requirements of this division.

(9)

A business operator may not assign or otherwise transfer his rights under a waiver until the new business operator has submitted to the city manager a signed statement that the new business operator agrees to be bound by all of the conditions and requirements of this division.

(10)

While in use, rental watercraft may be stored on the sandy beach above the high water mark. Overnight storage shall be allowed only if suitable measures are taken to secure the rental watercraft and associated equipment at a non-permanent storage area above the high water mark. Such storage area shall be subject to approval by the city.

(11)

Fuel handling by the commercial owner or business operator on the sandy beach shall conform to the following measures, in addition to any other applicable laws or regulations:

a.

All fuel containers shall be placed in city fire-rescue department approved containment vessels located above the high water mark to protect the beach environment from fuel spillage. A maximum of twenty-five (25) gallons of fuel may be stored at any one time per concession.

b.

There shall be contingency plans for a fuel spill and equipment to contain and clean same shall be immediately available. The details of such plan shall be submitted to the city prior to the commencement of fuel handling on the sandy beach.

c.

No fuel may be stored overnight.

(12)

Major repairs of watercraft on the sandy beach are prohibited.

(13)

The establishment of watercraft concessions for the city on the public beaches shall be in the manner set forth for recreation concessions in section 8-55.1, provided that the city shall be limited to one (1) concession agreement under section 8-55.1 for motorized watercraft.

(14)

Any personal watercraft, as defined in Chapter 327, Florida Statutes, which are used by a watercraft concession operated under this section, shall be supplied with the best available technology for noise muffling.

(15)

When, in the opinion of the city's chief of ocean rescue, or his designee, conditions exist such as lightning, dangerous surf conditions, high winds, special events causing a heavy concentration of bathers within a launch corridor or other conditions that pose dangerous conditions and conflict between watercraft usage in the launch corridor and the threat of bodily harm to the general public within the launch corridor, then use of watercraft within the launch corridor may be temporarily suspended by the city's chief of ocean rescue in order to protect the public's health, safety and welfare. The period of temporary suspension shall last for such period as the dangerous conditions persist in the opinion of the city's chief of ocean rescue. Notice of such temporary suspension shall be given to the personnel responsible for the watercraft concession operation within the launch corridor.

(Ord. No. C-93-26, § 1, 5-18-93; Ord. No. C-96-24, § 1, 5-21-96; Ord. No. C-97-12, § 2, 5-6-97; Ord. No. C-13-52, § 3, 1-7-14 ; Ord. No. C-17-28 , § 22, 9-13-17)